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(a) Inspection Authority and Jurisdiction. For all construction in Montgomery and Prince George’s Counties:

(1) The Commission shall have the authority to inspect and enforce compliance with permit conditions and approved erosion and sediment control plans and this chapter on utility construction sites.

(2) Any authorized inspection agency other than the Commission shall provide the Commission with notice of any violations cited and any other enforcement actions deemed appropriate by the authorized inspection agency.

(b) Inspection Requirements.

(1) Every active project site having an erosion and sediment control plan (major utility construction projects) should be inspected for compliance with the approved plan once every 14 calendar days on average.

(2) The enforcement official shall prepare written reports after every inspection. The inspection report shall describe:

(i) The date and location of the site inspection;

(ii) Whether or not the erosion and sediment control plan has been properly implemented and maintained;

(iii) Any practice deficiencies of erosion and sediment control plan; and

(iv) If a violation exists, the type of enforcement action taken or recommendation.

(3) The Commission shall notify the responsible person and the permittee in writing when violations are identified, describing:

(i) The nature of the violation;

(ii) The required corrective action; and

(iii) The time period in which the violations must be corrected.

(c) Right of Entry. It shall be a condition of every permit that the Commission has the right to enter the property of the utility construction site to inspect for compliance with this chapter, the permit, and the approved erosion and sediment control plan.

(d) Modifications to Erosion and Sediment Control Plans. The Commission may revise approved erosion sediment control plans as it deems necessary based upon inspection of the utility construction site or other circumstances. See WSSC 11.30.050(c).

(e) Complaints. The Commission shall review complaints concerning utility construction and initiate enforcement procedures when violations are confirmed. Any complaints received shall be acted upon, routinely within three working days, and the complainant shall be notified of any action or proposed action routinely within seven working days of receipt of the complaint. (REG-IFSM-EC-2014-002 § VII)