§ 5-4-14. Noncompliance and corrective actions.

(a)

In the course of making on-site inspections, should the director determine that active erosion and sediment control measures are not in compliance with the approved plan, he shall verbally notify the responsible contractor to take appropriate corrective measures.

(b)

Written confirmation of this notice to comply shall be sent, by certified mail, to the applicant for the erosion and sediment control permit or hand-delivered at the site of the land-disturbing activities to the agent or employee supervising such activities, citing a detailed description of the conservation measures necessary for compliance.

(c)

When no action is taken within 48 hours of delivery of notice to comply, the director shall send the applicant, by certified mail, a letter of intent to utilize the performance bond or cash escrow to apply the conservation measures to correct the deficiency if it has not otherwise been corrected by a specified time.

(d)

If no action has been taken by the time specified, the director shall proceed to have the deficiency corrected and he shall keep a close account of all related expenses which shall be charged to and paid from the applicant's performance bond or escrow account. If the director takes such conservation action upon such failure by the permittee, the director may collect from the permittee the difference, should the amount of reasonable cost of such action exceed the amount of the security held (Ord. No. 4489, 6/16/07, Sec. 1)