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DRAFT 4 -28 -2010 <br />(6) Notification of Failure of the Permit - The community shall notify the permit holder of <br />the failure of the permit's measures. <br />(a) Initial Contact - The initial contact will be to the party or parties listed on the <br />application and /or the SWPPP as contacts. Except during an emergency action, forty - <br />eight (48) hours after notification by the community or seventy -two (72) hours after the <br />failure of erosion and sediment control measures, whichever is less, the community at its <br />discretion may begin corrective work. Such notification should be in writing, but if it is <br />verbal, a written notification should follow as quickly as practical. If after making a good <br />faith effort to notify the responsible party or parties, the community has been unable to <br />establish contact, the community may proceed with corrective work. There are conditions <br />when time is of the essence in controlling erosion. During such a condition the <br />community may take immediate action and then notify the applicant as soon as possible. <br />(b) Erosion Off Site - If erosion breaches the perimeter of the site, the applicant shall <br />immediately develop a cleanup and restoration plan, obtain the right -of -entry from the <br />adjoining property owner, and implement the cleanup and restoration plan within forty - <br />eight (48) hours of obtaining the adjoining property owner's permission. In no case, <br />unless written approval is received from the community, may more than seven (7) <br />calendar days go by without corrective action being taken. If, in the discretion of the <br />community, the permit holder does not repair the damage caused by the erosion, the <br />community may do the remedial work required. When restoration to wetlands and other <br />resources are required, the applicant should be required to work with the appropriate <br />agency to ensure that the work is done properly. <br />(c) Erosion Into Streets, Wetlands, or Water Bodies - If eroded soils (including <br />tracked soils from construction activities) enter or appear likely to enter streets, wetlands, <br />or other water bodies, cleanup and repair shall be immediate. The applicant shall provide <br />all traffic control and flagging required to protect the traveling public during the cleanup <br />operations. <br />(d) Failure to do Corrective Work - When an applicant fails to conform to any <br />provision of this policy within the time stipulated, the community may take the following <br />actions. <br />1. Issue a stop work order, withhold the scheduling of inspections, and /or the <br />issuance of a Certificate of Occupancy. <br />2. Revoke any permit issued by the community to the applicant for the site in <br />question or any other of the applicant's sites with in the community's jurisdiction. <br />3. Correct the deficiency or hire a contractor to correct the deficiency. <br />4. Require reimbursement to the community for all costs incurred in <br />correcting storm water pollution control deficiencies. If payment is not made <br />22 <br />• <br />• <br />• <br />