Chapter 83.15 — CONDITIONAL COMPLIANCE FOR WATER QUALITY MANAGEMENT PLANS

The purpose of this Chapter is to ensure compliance with conditions of approval on projects involving Water Quality Management Plan features.

(Ord. 4043, passed - -2008)

The provisions of this Chapter apply to projects when a Water Quality Management Plan is required. (Ord. 4043, passed - -2008)

(a) Independent. The Quality Control Engineer shall not be employed by, have any relationship to, or interest in the developer, or any contracting, engineering, or geotechnical companies performing work on or providing services to the project being inspected.

• (b) Duties and Responsibilities. The Quality Control Engineer shall:

• (1) Inspect the work in progress to ensure compliance with the conditions of approval for Water Quality Management Plan’s site design, source control and treatment control features;

• (2) Set provisions regarding Water Quality Management Plan compliance; and

(3) Report to and file reports with the Department of Public Works, Land Development Engineering Division Chief relative to Water Quality Management Plan compliance.

(Ord. 4043, passed - -2008)

(a) Deposit Required for Services of Quality Control Engineer. Before the issuance of building permits and where a Water Quality Management Plan is required, the developer shall post a deposit with Department of Public Works, Land Development Engineering Division in the amount and in the form specified by that Division. The deposit funds held in trust shall be dispersed to the quality control engineer by the Land Development Division under the terms of the agreement between the County and the quality control engineer to pay for the services of the quality control engineer.

(b) Additional Deposits Required. The Land Development Engineering Division shall notify the developer if and when it becomes apparent that the deposit will be exhausted and the developer shall make the additional deposit as is required by the Land Development Division.

(c) Suspension or Revocation of Grading Permit. If the developer fails to submit the additional deposit by the date specified by the Land Development Engineering Division, the Land Development Division shall suspend or revoke the development permit, in compliance with the provisions of this Code and order that work on the project be ceased.

(d) Refunds. Upon completion of the work, unused funds shall be returned to the developer within 60 days following the quality control inspection approvals.

(Ord. 4043, passed - -2008)

The Land Development Engineering Division shall have authority to adopt reasonable rules and regulations to clarify, interpret, and enforce the provisions of this Chapter. The Land Development Engineering Division may approve variations when the variations are not detrimental to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and will achieve the same level of protection as the original condition.

(Ord. 4043, passed - -2008)

For the purpose of the Chapter, the Land Development Engineering Division may retain, on behalf of the County, independent engineers to serve as the quality control engineer on projects regulated by this Chapter using a standard form contract approved by the Board of Supervisors.

(Ord. 4043, passed - -2008)

Authority to Expend Deposited Funds. The Land Development Engineering Division shall have the authority to expend any remaining funds in the developer's deposit to obtain compliance with this Chapter. (Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009)