§ 26-44. Inspection and enforcement of article.

(a)

The director or designee will periodically inspect the sites of land disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the approved plan, permit and this article and to determine if the measures required in the plan are effective in controlling soil erosion and sedimentation. Also, Fulton County shall regulate both primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance of best management practices where the tertiary permittee is conducting land disturbing activities. If, through inspection, it is deemed that a person engaged in land disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, an official notice shall be posted on-site, and as a courtesy a written notice to comply shall also be served upon that person, except for working without a permit or working under a stop work order, which warrant immediate citation(s). The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply with the corrective measures specified in the posted official notice within the time specified, he shall be deemed in violation of this article, and the director may take such additional enforcement actions as he/she deems appropriate.

(b)

The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sedimentation Act of 1975.

(c)

The director shall have the power to conduct such investigation as the director may deem reasonably necessary to carry out duties as prescribed in this article, and for this purpose shall have the power to enter at reasonable times upon any property, public or private, for the purposes of investigation and inspection of the sites of land disturbance or building activities.

(d)

No person shall refuse entry or access to any authorized representative or agent of Fulton County, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties including, but not limited to, the review of reports, studies, calculations, drawings, revisions, practices, actions and bonds.

(e)

A copy of a current approved plan shall be kept on site until project completion or issuance of certificate of occupancy.

(f)

The district or the commission or both shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the counties or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective legal program is found.

(g)

The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority.

(Res. No. 05-0690, Exh. A, 6-15-05; Ord. No. 10-0576, 6-2-10)