Instead of the Community Development Director, the County engineer sent this response:
1. The number of soil disturbance permits issued by Glynn County
during the last fiscal year. – 23 permits were issued during that time period.
2. The total amount of the fees paid in conjunction with those permits. Does the County keep the entire fee or does it have to be shared with the state? – The fees we received were $7250
for the last FY. The County keeps all that is paid to it. State Law requires that the permittee pay fees to the state also.
3) Does the revenue cover the cost of the inspections associated with the soil disturbances? – No
4) What are the penalties for soil disturbance undertaken before a permit is sought? – Stop work order than obtain a LDA Permit prior to start of work.
5) Which soil disturbances, besides gardening, are exempt from the permit requirements? – see attached ordinance section for allowed exemptions (Section 2-5-102-Exemptions starts on page 7).
6) Are the exemptions based on quantifiable measures (area, depth) relative to the soil or are some disruptive agencies exempt? – some are and some are not the listed exemptions list what they are intended for. The State has guidance on how to deal with the ones that are not quantifiable, but that guidance is not part of the County’s Ordinance.
7) Is there a privileged class that’s not required to comply with the law? If so, why? – The exemptions are inclusive to all.
8) Are exemptions granted by state statute? If so, could you specify the relevant statute? – County regulates based on County Ordinance (GC- E&S Ordianance from the County web-2Aug2010). The state has their own laws that
they regulate under. The state generally regulates under the E&S Act and the NPDES General Permits
9) Are best management practices a condition of soil disturbance permit compliance? – The County issues permits based on approved ESPC Plan. The ESPC Plan has to include BMP’s appropriate
for the planned work. The BMP’s shown on the plan are required to be installed.
10) Does the County conduct random inspections as part of the enforcement process? – Yes
11) Have any violators of the soil disturbance ordinance provisions been referred to the County Attorney for prosecution
during the last fiscal year? – No
12) Were there court-imposed sanctions? – None have been brought to the Courts
Enforcement is obviously a problem. A stop work order is not an impediment after the damage has already been done.