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When a rainy day awaits an inspector on the job, we get a true sense of who and what is polluting the environment. We are able to see what sediment and erosion controls actually work. A large portion of the job involves inspecting large and small-scale land disturbances.
As a compliance specialist, assigned to St. Mary’s County, I inspect sites for environmental compliance according to state’s Environment Article. When visiting Joe Developer at his construction site today - it is apparent that the planned sediment and erosion controls at his office building construction site were not properly executed and sediment has left the site. Upon a routine inspection, a walk around the site shows that Joe was careless and failed to comply with his approved plan. This is bad news for Joe and for the environment. Failure to comply with his approved plan has caused sediment to leave the site and enter into waters of the state. This direct action of pollution is what will be cited for a fine from the Maryland Department of the Environment (MDE). Unfortunately the environment is not so easily remedied.
When Pollution is a Consequence of Action, it Violates State Law
When some points of the approved plan were not followed, it weakened the overall site and violated Subtitle 1 and Subtitle 4 of Maryland’s Environment Article of the Annotated Code of Maryland. The sediment will work its way through the stream close to Joe’s site and add nutrients to a water system that was already overloaded with nutrients and sediment. It is always disappointing for an inspector to take regulatory action – it means these developers are not taking their responsibilities seriously. Joe and his workers bring the job site into compliance with the approved sediment and erosion control plans. Most of these control activities involve silt fencing or sediment trapping. Though the developer is quick to respond to an inspector’s concerns, they are fined for negligence. An inspector then returns the following day to see that all corrections were made and the site is in full compliance with the approved erosion plan.
Making Sense of the Rules
My next visit brought me to a project that involves installing a parking lot in an old farm field. The permit holder asked me to come see the site because the sediment and erosion control plan does not make sense to him. After careful review of the plan, I can see why it does not make sense to him - it does not make sense to me! An inspector helps by “redlining” the approved sediment and erosion control plan. In this case, I recommended swapping out the silt fence for an earthberm. Changing the stabilized construction entrance and moving it to a higher location will be more effective in assuring safe traffic patterns in and out of the site. Finally, an inspector in this case would suggest that we eliminate some of the limit of disturbance to save trees. These changes fall under MDE’s guidelines for what can be addressed and changed on a sediment and erosion control plan by the inspector. After meeting with site supervisors, I visit the local Soil Conservation District to share the made revisions to update their awareness of the changes to the approved plan. MDE tries to assure that local regulatory agencies are on the same page and work together to come up with solutions. Once the document is reported, the changes and reasoning behind them are approved.
Neighbor Complaints Keep An Eye Out for Justice
The next site visit involves a PAF inspection. The PAF stands for Problem Activity Form, or in other words, a complaint. It is a mechanism that the MDE uses to track problems and address citizens’ concerns.
This particular case involves a neighbor noting the emplacement of 12 feet of six-inch stone along the shore of St. Clements Creek without a permit. An inspector, in this instance, informs the homeowners that they need a tidal wetlands authorization to emplace stone in and along Waters of the State. Even when in possession of an environmental permit from the county, a site plan must show what he is approved to do. An inspector leaves a business card and informs the property owner that MDE will research his permit and other pieces of evidence surrounding the issue of the stone in Waters of the State.
The day winds down with a visit to the Soil Conservation District, the review and approval authority in the inspector’s assigned county. Soil Conservation Districts work with MDE to solve some of the erosion control issues that face homeowners and big developers.
The next MDE permittee wishes to discuss the sequence of construction of a shopping mall that will begin work in two weeks. He feels it is very important to adhere to the approved plan due to steep slopes and highly erodable soils. After much deliberation, an inspector will help hammer out a course of action. MDE presents the recommendations to the owner/developer as well as the contractors for the site work. Hopefully all involved will adhere to our suggestions.
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