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Earthwork Regulations |
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RULES AND REGULATIONS HAMILTON COUNTY SOIL AND WATER CONSERVATION DISTRICT
GOVERNING
EARTHWORKS EFFECTIVE: OCTOBER 1, 1993 PROGRAM REPRESENTATIVES Hamilton County
Soil and Water Conservation District District Administrator - Holly Utrata-Halcomb Hamilton County
Department of Public Works Geotechnical
Engineer - Mohammad M. Islam P.E. Phone: (513)
946-4757
TABLE OF CONTENTS
PREAMBLE (Statement of intent) The following regulations and procedures have been enacted specifically to help eliminate, or at least minimize creation of new or aggravation of existing sensitive land areas and formations within unincorporated Hamilton County, either known or not known, through control of earth disturbing activities which have an effect on the stability of hillsides and slopes and which may cause hazardous erosion, sedimentation and associated problems. 1.00 PURPOSE, SCOPE AND ENFORCEMENT 1.10 TITLE These regulations shall be cited as the Hamilton County Earthwork Regulations and are hereinafter referred to as 'These regulations". 1.20 STATUTORY AUTHORIZATION This Resolution of Hamilton County is adopted in accordance with and pursuant to the legal grant of authority of Article XVIII, Section 3 of the Ohio constitution (Ohio Revised Code 307.79) to adopt rules to abate soil erosion and water pollution by soil sediment and other associated problems. 1.30 PURPOSE The Board of Hamilton County Commissioners adopts these Regulations to prevent a hazard, safeguard life, limb, property and the public welfare, to preserve the natural environment of unincorporated Hamilton County as it relates to the stability of hillsides and slopes, and to control erosion and sedimentation by the regulation of earth-disturbing activities, excavating and filling of land, by means not limited to:
1.40 SCOPE These regulations shall apply to all non-farm earth-disturbing activities performed on unincorporated lands of Hamilton County, Ohio, except those activities excluded in R.C. 307.79 as follows:
1.50 DISCLAIMER OF, LIABILITY Neither submission of a plan under provisions of these regulations nor compliance with provisions of these regulations shall relieve any person from responsibility for damage to any person or property otherwise imposed by law; nor shall it create a duty by the Board of Commissioners of Hamilton County or the Hamilton County Soil and Water Conservation District to those impacted by soil sediment pollution. 1.60 SEVER ABILITY If any clause, section or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby. 1.70 ENFORCEMENT These regulations shall be enforced by the Earthwork Section of the Hamilton County Soil and Water Conservation District. This enforcing agency shall have no authority for enforcement where these or similar regulations are enacted pursuant to Section 1.40 of these regulations. Enforcement in such cases shall be by the adopting agency or its designated representative. The Administrator of the Hamilton County Soil and Water Conservation District shall be designated as the Enforcing Official for these regulations. Staff members of the Hamilton County Soil and Water Conservation District and the Hamilton County Department of Public Works shall be designated representatives of the Enforcing Official. The Enforcing official is charged with the administration of these regulations, as follows:
2.00 DEFINITIONS For the purpose of these regulations, certain rules or work usage apply to the text as follows:
AFFECTED EXISTING TERRAIN That area of existing land surrounding a work area which may be influenced or impacted by the earthwork operations in the work area; may be located on the same site as the work area and/or on adjacent site (s). AGRICULTURE The science, art and business of cultivating soils, producing crops and raising livestock, per Section 902.01 Ohio Revised Code. BOND Surety bond issued by a corporate surety authorized to do business in the State of Ohio which bond shall be executed by the owner and the surety; may also include a cash deposit with the County, an irrevocable letter of credit in favor of the County and issued by a bank, or direct obligations of the United States of America deposited with the County. BORROW MATERIAL Earth material for grading purposes acquired from an offsite location. CHANNEL Means a natural stream that conveys water; a ditch or channel excavated for the flow of water. COMPACTION The densification of earth materials when creating a fill by mechanical or other approved means. CONTINUING OPERATION
DESIGNER An architect or professional engineer, registered to practice in the State of Ohio, and as specifically defined in these regulations. DEVELOPMENT AREA Means any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for non-farm commercial, industrial, residential or other non-farm purposes upon which earth-disturbing activities are planned or underway. DISTRICT Means a soil and water conservation district, organized under Chapter 1515 of the Ohio Revised Code. DITCH Means an excavation either dug or natural for the purpose of drainage or irrigation with intermittent flow. DRAINAGE COURSE A system of well defined natural or man-made facilities (such as one or more contiguous swales, valleys, streams, pipes or conduits) to continuously or intermittently convey runoff. DRAINAGE WAY Means an area of concentrated water flow other than a river, stream, ditch or grassed waterway. DUMPING Means grading, pushing, piling, throwing, unloading or placing. EARTH WORK Operations involving the excavating or filling of land using earth materials. EARTH-DISTURBING ACTIVITY Means any grading, excavating, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which will have an effect on the stability of hillsides and slopes and contribute to erosion and sediment pollution. EARTH MATERIAL Means soil sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil; any non-deleterious rock, natural soil or combination thereof. ENFORCING OFFICIAL That person and designated representatives charged with administration and enforcement of these regulations (see Section 1.70). ENGINEERING GEOLOGIST An individual trained and having local experience in the application of the principles and methods of geology to civil engineering works, and who meets the requirements for full Member status in the Association of Engineering Geologists (AEG). EROSION The wearing away of earth materials, either surface or subsurface, by the actions of water, wind, ice, gravity or a combination thereof. EXCAVATION Any mechanical act by which earth materials are removed, displaced or relocated, including the conditions resulting there from. EXISTING REGULATION Those regulations currently enforced by the Hamilton County Soil and Water Conservation District and applicable provisions of the Water Management and Sediment Control For Urbanizing Areas Handbook of the U.S. Soil Conservation Service. EXISTING TERRAIN The condition prior to any proposed land disturbance. EXPLORATORY EXCAVATION Temporary excavation for gathering of technical data, which is not made in connection with any permanent construction. FILL The deposit of earth materials by mechanical means, including the conditions resulting there from; includes both uncontrolled and engineered fills,, but does not include building backfill. GRADING Any excavating, filling or combination thereof. GRASSED WATERWAY Means a broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water. HAZARD Any earth condition of considerable consequence to any property, or to public health and safety, which has been established through experience to be of certain or probable consequence, or which can be determined to be, or which is obviously a threat to property or public health and safety, including but not limited to conditions which cause inadequate drainage, erosion, sedimentation, disruption of the sewer system, slope stability problems or imposition of unsafe loads on structures or slopes. INSTABILITY A state of disturbed slope equilibrium, identified through observation, measurement, analysis, or experience, which is of probable immediate or long-term consequence. LANDSLIDE Means the rapid downward and outward- movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding. MONITORING Site inspections during performance of construction work and upon completion, to determine compliance of the grading with the Geotechnical design and permit requirements or in the case of a complaint registered with the Enforcing Official. OWNER The person or persons shown in the County Recorder's records as owner of the property, any agent of the owner or any person in current control of the property. PERSON Means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof. PLANS AND SPECIFICATIONS The contract documents describing the minimum acceptable criteria for the work which is to be performed. PUBLIC WATERS Means water within rivers, streams, ditches and lakes except private ponds and lakes wholly within single properties or waters leaving property on which surface water originates. QUALIFIED GEOTECHNICAL ENGINEER A registered Ohio Professional Engineer experienced in the application of the principles of Geotechnical Engineering (Soil Mechanics) in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. One example of a qualified Geotechnical Engineer is one identified in the approved List of Recognized Geotechnical Engineers submitted by the Geotechnical Committee of the Cincinnati Section of ASCE. REGISTERED ARCHITECT An individual licensed in the State-of Ohio to practice in the field of architecture, pursuant to Sections 4703.01 to 4703.19 of the Ohio Revised Code. REGISTERED PROFESSIONAL ENGINEER An individual licensed in the State of Ohio to practice in the field of engineering, pursuant to Sections 4733.01 to 4733.23 of the Ohio Revised Code. REGISTERED SURVEYOR An individual licensed in the State of Ohio to practice in the field of surveying, pursuant to Sections 4733.01 to 4733.23 of the Ohio Revised Code. RUNOFF Water which moves over the ground surface. SEDIMENT Means solid material both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface above or below sea level. SEDIMENT BASIN Means a barrier, dam-or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters. SEDIMENT CONTROL PLAN Means existing regulation, acceptable to the approving agency of methods for controlling sediment pollution from accelerated erosion on a development area of five or more contiguous acres or from erosion caused by accelerated runoff from a development area of five or more contiguous acres. SEDIMENT POLLUTION Means failure to use management or conservation practices to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling or other soil disturbing activities on land used or being developed for non-farm commercial, industrial, residential or other non-farm purposes. SEDIMENTATION The process of accumulation of earth materials resulting from erosion. SITE Any lot or parcel of land, or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOUGHING Means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man. SOIL LOSS Means soil relocated on or removed from a given site by the force of erosion and the redeposit of the soil at another site on land or in a body of water. STABILITY A state of slope equilibrium, identified through observation, measurement, analysis or experience which affords an adequate margin of safety against immediate or long-term development of instability. STORM FREQUENCY The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded. STREAM Means a body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow may be seasonally intermittent. natural or mechanical measures which control owing surface water to flow. TEMPORARY An impermanent condition during the progress of work utilized for the shortest period of time practicable immediately prior to bringing the work into full compliance with these regulations. TOPSOIL Means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris. VEGETATIVE ESTABLISHMENT The planting and growth of selected grasses, ground cover, trees and shrubs as necessary to control erosion.
A SPECIFICALLY indicated area of land on which earthwork operations are under permit; may be a portion of a site or the entire site, depending on the topography. 3.00 PERMITS AND 'EXEMPTIONS 3.10 No property owner shall cause or allow any earth-disturbing activity, excavating or filling which does not conform with these regulations. A Permit is required for all such work. EXEMPTED WORK: he following do not require a permit: A. Any excavation for a basement of a building, or other structure, either privately or publicly owned, authorized by a valid building permit, provided: 1) The excavation does not exceed:
2) the excavation is made within an area described as the upper 25% of the vertical distance between the top of slope and toe of slope with a slope not greater than four horizontal to one vertical (4:1), or in the lower 75% of the vertical distance between the top of slope and toe of slope with a slope not greater than five horizontal to one vertical (5:1); and B. The subsequent filling of this excavated material on the same site, provided: 1) The fill, excluding building backfill material, does not exceed:
2) the fill is placed on site area with a slope not greater than five horizontal to one vertical (5:1) and 3) the fill does not result in a finished slope steeper than three horizontal to one vertical (3:1). C. Grading of land for the purpose of agriculture. D. Temporary excavations for underground utility lines, wells, tunnels, tanks, vaults or sign foundations. E. Public work performed by or under control of any governmental agency, work with street right-of-way or easements, except for ancillary excavating or filling for the project which is performed outside the project limits. Provided such operations do not cause instability of any adjacent or contiguous property and applicable sediment control policies are no less restrictive than these regulations. F. Exploratory excavations under the direction of a qualified Geotechnical engineer, engineering geologist, contractor or builder. All such excavations shall be promptly backfilled and restored to the existing terrain. G. Normal cemetery operations involving opening or closing graves. H. operations involving refuse disposal, mining, quarrying, processing and stockpiling of soils or rock materials where controlled by other regulations, provided such operations do not cause instability of any adjacent or contiguous property. 1. Any other excavation or fill that: 1) does not exceed:
2) is made within an area with a slope steeper than five horizontal to one vertical (5:1); and 3) does not result in a finished slope steeper than four horizontal to one vertical (4:1); and 4) does not necessitate any adjustment, relocation, addition or other modification to any existing storm sewer system. 3.20 A permit shall be required where a succession of small excavations or fills, individually not requiring a permit, constitutes a continuing operation and the accumulation of such excavations or fills will exceed;
3.30 A permit shall be required in all cases where grading is proposed on existing terrain showing visible evidence of active or dormant land sliding. 3.40 Any excavating or filling performed pursuant to the exemptions in Section 3.10 (A through I) hereof, which creates a hazard (as defined in Section 2.10) shall be pursued subject to the provisions of these regulations as they relate to the specific hazard.
4.10 Earthwork permits shall be valid for one year from the date of issuance. However, two renewals, which shall be valid for one year periods, may be granted upon written application made prior to the expiration of the permit. 4.20 Work stopped or abandoned by the owner in an incomplete manner for a period of one (1) year after the renewal periods provided herein shall cause the permit to become-invalid. The Enforcing official shall require of the owner all necessary precautions to ensure that the incomplete work does not become a hazard or-a nuisance. 5.00 ISSUANCE OF BUILDING PERMIT 5.10 No building permit shall be issued within the work area until the development Earthwork Regulation permit holder has complied with the applicable provisions of these regulations including Section 10.00. The Enforcing official shall send notice of such compliance as required in Section A4 of the Hamilton County Building Code. 6.00 PLANS AND SPECIFICATIONS 6.10 The owner shall submit, with the application for permit, plans and specifications for the proposed work. A. The plans and specifications shall be prepared by a registered professional Designer. The basis for such plans shall be a field topographic survey by a registered surveyor. The Designer is responsible for the compliance of the project with these regulations. Documentation indicating compliance with all applicable sections of these regulations may be combined with other compliance documentation for other regulations, such as the building code, provided that the requirements of each regulation are met. The development plan, as produced by a Designer, shall be accepted as a professional document. The responsibility for proper and correct designs and document preparation lies with the Designer. The Designer is responsible for selecting and developing the appropriate earthwork principles, techniques, methods, operations and work sequences to meet the objectives, guidelines and requirements of these regulations as they apply to the project under consideration. Responsibility for the content and accuracy of the documents, both preliminary and final, lies with the Designer, in accord with Chapter 4703 ORC and Sections 4703-1-09 (D) and (E) (1) OAC for Architects and Chapter 4733 ORC and Sections 4733-23-01 (A) and (C) OAC for Engineers and Surveyors. B. The Designer, in developing the design and documents, shall take into consideration general guidelines and standards, including but not limited to:' 1) Identify, in the preliminary phase, on-site and off-site areas vulnerable to erosion and sediment damage. 2) Show on preliminary engineering documents temporary and permanent methods, features and facilities to control runoff as required under existing regulation. 3) At the commencement of earth movement, prepare and install erosion control measures and features, as indicated on the approved drawings, to prevent the effect of erosion on the project site and surrounding properties. 4) Limit earth disturbing operations to only those areas involved in the construction activities. 5) Retain and utilize as much existing vegetation as possible to slow water runoff. 6) Preservation of existing trees, shrubs and other plant life is strongly encouraged. 7) Protect trees around the perimeter of the construction to prevent root, trunk and branch injury or dismemberment. 8) The smallest practical area of land shall be exposed or denuded at any one time, consistent with the construction operation. 9) Control runoff originating upgrade from the construction site to minimize flow over the construction site as required under existing regulation. 10) The installation of the erosion and sediment control system shall be done progressively as the project is constructed. Where slow growing or dormant seasons occur, utilize alternate or temporary solutions as required under existing regulations. 11) Construct earth berm type siltration traps, with straw bales around the downhill slope perimeter of the project site as required under existing regulations. 12) Contractor shall inspect all erosion control devices after every erodable rain and make necessary repairs or clean up material to maintain effectiveness of control devices within a reasonable period of time. 13) Stabilization of graded areas shall be done as soon as possible after construction. Temporary seeding and mulching shall be provided where and when stabilization is designated on the plan. 14) Remove erosion control devices upon stabilization of all disturbed areas or upon completion of the project, whichever comes first. 15) Methods of erosion, sediment and storm water runoff control, other than those required under existing regulation, will be considered on individual merit, but must be submitted for approval prior to use/installation. The same holds true for revisions in the control plan, changes in the operations or construction or other unforeseen conditions. 16) No required control shall be removed during the permit period without approval of the Designer and the Enforcing Official. C. Review of the documents by the Enforcing Official shall utilize the same guides and standards, but shall be limited to ensuring compliance with these regulations, the reference standards and the procedures of the County. Comments developed during the review will be limited to discrepancies, inaccuracies, lack of information, questions of scope, items of noncompliance, and the like; there will be no recalculation or redesign of any portion of the project by the reviewer. D. The Enforcing official shall issue a permit for earthwork operations solely on the basis of those plans and specifications approved by the Enforcing Official. The Enforcing Official shall be satisfied that the proposed excavation and/or fill or other operations will not cause a hazard, before a permit authorizing the excavation and/or fill shall be issued. E. The approved plan shall be enforced by the enforcing agency, and all work noted on said plan in the specifications or required to accomplish such plan/design shall be required and performed in accord with said approved plan. All discrepancies shall be considered violations of these regulations and processed as such by the enforcing agency. F. The plans and specifications submitted with the permit application shall contain: 1) The Earthwork Regulation permit applicant's name and address; 2) A plan, drawn to scale, showing location and limits of the proposed work area(s), property lines, and all easements; with adequate details; 3) Existing and proposed elevations of the work area by contours at five foot maximum intervals; 4) Location and extent of visibly evident excavations or fills, slope instability, erosion and water seepage or wet conditions; 5) The location of any existing and proposed streets; 6) The location of any existing buildings or structures on and within 15 feet of the site; 7) The location and depth of any existing drainage and sewer systems on or serving the site, and the location and approximate depth of all utilities and other buried facilities; 8) Existing and proposed drainage structures, walls, cribbing and surface protection, and any necessary temporary earth-restraining or erosion and sediment control installation as required under existing regulations; 9) Provisions for temporary and permanent drainage of the property, including any new or altered sewer systems; 10) A description of the proposed temporary and/or permanent methods of the protection of the soils from erosion as required under existing regulation. G. The plans and specifications may be required to contain additional information when requested by the Enforcing official, including but not limited to: 1) A report from a qualified Geotechnical engineer showing the results of surface and subsurface exploration, conditions of the land, procedures for performing the grading operations, maximum slope to satisfy stability, and other Geotechnical design requirements; 2) All drainage provisions which shall be of such design to adequately accommodate the surface runoff, together with a map showing the drainage area of all land tributary to the site, and estimated runoff (cubic feet per second) of the area served by any drainage course computed according to current acceptable standards as required under existing storm system design regulation; 3) A description of the borrow material, its source, the construction methods to be used and the specified minimum degree of compaction; 4) The preparation of existing ground surface to receive fill; 5) Subsurface drainage where necessary for stability; 6) An estimated schedule indicating the anticipated starting and completion times of the development sequence, including clearing land grubbing, stripping, rough grading and construction, final grading And vegetative establishment, and maintenance, and the time of exposure of each area prior to the completion of approved erosion and sediment control measures. H. For all proposed excavations, the owner is responsible for notifying the Ohio Utilities Protection Service (OUPS) of the location of the excavation site, per Section 3781.25 to 3781.32 of the ORC. 6.20 Waivers or modifications can be made pursuant to Section 7.00, hereof. 7.00 WAIVER OR MODIFICATION OF SUBMISSION OF PLANS AND SPECIFICATIONS 7.10 The Enforcing Official shall waive or modify the requirements of Sections 6.00, 8.00 and 13.00 hereof if the application for a permit includes a written statement prepared by a qualified Geotechnical engineer expressing the opinion that the proposed excavating or filling: A. Will not cause a hazard; or B. Is in an isolated, self-contained area and that there will be no adverse affect on adjacent public or private property. 8.00 SETBACKS OF TOPS AND TOES OF SLOPES 8.10 The design and placement of tops and toes of all slopes shall not cause any adverse affect on adjacent property. 8.20 All excavation and fill work shall be designed to be totally contained on the property being developed unless included in an easement or agreement with an adjacent property owner. The tops and toes of all slopes shall be set back from property boundaries or structures, as far as necessary for: A. Stability of adjacent and contiguous property; B. Adequacy of foundation support; C. Protection of adjacent property against damage from runoff 8.30 The excavation and fill work shall be designed with proper regard for any existing or proposed buildings, and include a complete system for proper drainage of the site. Such drainage system shall also be fully contained within the property being developed, except where runoff flows into sewers, drainage courses, or recorded drainage easements on adjacent property. 8.40 The Enforcing Official reserves the right to require Geotechnical or other engineering data and designs, where the tops or toes of slopes and/or the drainage system creates or appears to create a severe hazard. 8.50 waivers or modifications shall be made pursuant to Section 7.00 hereof. 9.00 PROTECTION AND RELOCATION OF SANITARY SEWERS 9.10 For the purpose of protecting the existing sanitary sewer system,, in the work area, no permit shall be issued until the Enforcing Official receives- approvals from the appropriate Department Head(s) for any necessary adjustment, relocation, addition or other modification to the existing sanitary sewer system. 9.20 For the purpose of protecting the existing sanitary sewer systems, no permit shall be issued until the Enforcing Official receives approvals from the appropriate Department Head(s) for additional overburden loading. 10.10 In the event the development Earthwork Regulation permit holder elects to record the subdivision record plat prior to the completion of the work required under the plan and permit, a bond shall be required by the Enforcing Official. 10.20 The bond shall be posted by the Earthwork Regulation permit holder, for the benefit of the County, for the purpose of assuring that the work shall be completed in accordance with the approved plans and specifications of this permit. 10.30 The permit holder shall provide an estimated cost of completion established by the Designer. The Enforcing Official shall establish a bond amount equal to 110% of the Designer's estimated cost of completion, if said estimate is deemed reasonable by the Enforcing official, said estimate being based on standard construction costs within the industry. 10.40 The Enforcing official shall release the permit holder's bond when all work under the Plan and Permit has been satisfactorily completed and upon receiving a written summary report or letter from the Designer that all work under the permit is completed. 10.50 In the event the Earthwork Regulation permit holder is also under a building permit, all requirements under the site plans and permit shall be certified as complete by Designer prior to the issuance of a permanent Certificate of Occupancy. The bonding of uncompleted work in this situation will not be permitted. 10.60 Where earth work is left abandoned
and/or a hazard is created, and no bond is in effect, the
Enforcing official shall proceed to mitigate the situation as
provided in Section 15.30. 11.00 SCHEDULE OF FEES 11.10 A. Development Plan Review No Fee 11.20 A. Development Permit - No Fee B. Building Permit - No Fee C. Earthmoving Permit - No Fee 11.30 A. Inspection - No Fee 12.00 NOTIFICATION BY PERMIT HOLDER 12.10 The person to whom a permit is issued shall notify the Enforcing official: A. Prior to commencement of operations, of locations of any borrow or disposal sites; B. Of commencement of operations under such permit, at least 48 hours in advance; C. when operation is completed or temporarily or permanently suspended; D. of any deviation from the originally approved plans. 13.00 FIELD CONSTRUCTION MONITORING BY QUALIFIED GEOTECHNICAL ENGINEER 13.10 Excavating and filling operations covered by the permit shall be monitored by or under the direction of the permit holder and a qualified Geotechnical Engineer. The Qualified Geotechnical Engineer shall certify to the Enforcing official the completion of the requirements under the plan and permit. 13.20 Waivers or modifications shall be made pursuant to Section 7.00. 14.00 PROTECTION AGAINST EROSION AND SEDIMENTATION 14.10 Temporary and/or permanent erosion and sediment control features and devices shall be designed and constructed in accordance with appropriate existing regulations enforced by the Hamilton County Soil and Water Conservation District and also applicable provisions of the WATER MANAGEMENT AND SEDIMENT CONTROL FOR URBANIZING AREAS handbook of the U.S. Soil Conservation Service. 15.00 CORRECTION OF HAZARDOUS CONDITIONS 15.10 Whenever the Enforcing official determines that any existing excavation, fill, hillside, slope or other earth condition (including exempted work) has become a hazard, the Enforcing Official shall order the owner of the property on which such condition exists to correct the condition. Upon receipt of the order from the Enforcing Official, the owner shall, within 30 calendar days, apply for and obtain a permit and proceed as directed to correct the conditions (creating such hazard) according to the provisions of these regulations. Where such hazard is created by erosion and/or sedimentation, the Enforcing Official shall issue an order(s) with a shorter time limit, so as to provide the necessary protection as required to alleviate or remove the hazard. 15.20 In emergency situations, where the Enforcing Official determines that the hazardous condition creates a risk of actual or immediate failure or collapse: A. The Enforcing Official shall issue orders to the owner to immediately have such work done as may be necessary to render the condition safe. Within three (3) working days after the emergency work is done, the owner shall file the necessary documentation and permit application for that work. B. If the Enforcing official cannot promptly resolve the condition with the owner involved to do such emergency work, he shall employ such labor and use or purchase materials as may be necessary to accomplish same, as expeditiously as possible. In attempting to make-the condition safe, the Enforcing Official may close off the property, any adjacent property affected, and sidewalks, streets and other public ways and areas, and prohibit the use of same. Costs incurred by the Enforcing Official in executing such emergency work shall be paid from public monies, upon his certification. The Enforcing Official shall immediately notify the County Prosecutor of such expenditures) and request such action as appropriate for the recovery of such costs, plus the cost of the recovery, from the property owner. 15.30 Where the Enforcing official has to perform work in order to correct a hazard, the party responsible for creating said hazard whether owner, permit holder, agent of the owner, or person having control of any property, will either: 1) Not be granted any further earthwork permits for future work on property he/she controls until the following conditions have been satisfied:
and
or 2) The Enforcing Official will place a lien or otherwise assess or encumber the property (in the amount required to complete or correct the unfinished work) in a manner so no transfer of the property can take place until such encumbrances and assessments have been satisfied. 15.40 Where earthwork operations are terminated because the project is abandoned, the work area, site, and affected existing terrain shall be inspected by the Enforcing official, upon request of the owner or permit holder. Such locations) shall be left in a condition satisfactory to the Enforcing Official. 16.00 SUSPENSION OF OPERATIONS 16.10 The Enforcing Official shall order operations suspended whenever: A. work requiring a permit is being done without a permit; B. work is under permit, but current operations are causing a hazard; C. Work under permit is being done in a manner contrary to the terms and conditions of the permit. 16.20 Such suspensions shall remain in effect until (1) the permit is issued, (2) the hazardous condition is remedied to the satisfaction of the Enforcing Official, or (3) the faulty work is remedied and executed in full accordance with the permit and these regulations. 17.00 LIABILITY OF THE ENFORCING OFFICIAL 17.10 issuance of a permit or any action by the Enforcing Official under these regulations shall not create in Hamilton County nor the State of Ohio, its officers, agents or employees any liability or responsibility for injury to persons or property caused by operations or conditions created pursuant to such permits. Nothing in these regulations shall be construed to relieve the owner or person in control of property from liability for injury to persons or property. 18.00 RIGHT OF APPEAL 18.10 Any person aggrieved by any decision of the Enforcing Official in the administration of the provisions of these regulations, shall have fifteen calendar days from the date of receipt of such written decision in which to file written appeal to the Hamilton County Board of Earthwork Appeals in accordance with Section 307.56 ORC and that Board's rules. The appeal shall be based upon one or both of the following grounds, to wit: A. That the action of the Enforcing Official was erroneous or constituted an erroneous application of the provisions of these regulations, related laws and ordinances, or was otherwise contrary to law; B. That the action of the Enforcing Official imposes an undue hardship on the complainant, and a modified application or alternative arrangement is available and feasible, whereby the hardship can be relieved without defeating the purpose and intent of the provisions of these regulations. The complainant shall set forth in his petition on appeal the interpretation, ruling or order appealed and the provisions of these regulations and related laws and ordinances involved and shall state wherein the interpretation, ruling or order is erroneous. If the appeal is based on the grounds of hardship, the petition shall show the nature of the hardship and point out what kind of modified application or alternative arrangement can be put into effect which will relieve the hardship, without defeating the purposes and intent of the provisions of these regulations. 19.00 VIOLATIONS AND PENALTIES 19.10 In addition to the technical monitoring required in Section 13.00 of these regulations, the Enforcing official shall inspect the site, and the work under permit to determine overall compliance with these regulations. Where it is determined that a violation of these regulations exists, the responsible party and the owner shall be notified of such deficiencies or non-compliance. After a reasonable time for voluntary remedial action and compliance, the Enforcing Official shall re-inspect the work in question. If the non-compliance still exists, an order to comply shall be issued by certified mail., to all parties of interest, including the Design Professional. Such order shall describe the problem(s), the specific date by which compliance must be achieved, and the procedure for resolution of the problem. 19.20 Any person, whether owner, permit holder, agent of the owner, or person having control of any property, who violates any of the provisions of these regulations, or fails to conform to any of the provisions thereof, or fails to obey any order covered by this permit and issued by the Enforcing Official, shall be subject to the penalty associated with Section 307.79 of the Ohio Revised Code.
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HAMILTON COUNTY SOIL AND WATER CONSERVATION DISTRICT :: 2005
CONTACT WEBMASTER WITH SITE QUESTIONS
