The erosion and sediment control ordinance 14-38 and the E&SC act of 1975 as amended does not say its acceptable, it says that erosion control measures are designed to withstand up to a 2"/24 hr event after it exceeds that measures may fail. As long as the permittee had the measures installed correctly and maintained them per approved plans then enforcement is defensible. The failed measures must be corrected and designer contacted to see if additional measures are needed. Any silt which gets off site must be cleaned up. This does not keep land owners affected by the resulting siltation from filing civil cases.
I hope that answers your question
Kay
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I hope that answers your question
Kay
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