Special rules for excavation and fill work

Any person performing or causing to be performed any excavation or fill shall, at his or her own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties. All grading and excavation work for which a permit is required shall be performed by a licensed contractor holding a Type A or C-17 Contractor's License.Any person performing or causing to be performed any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks and curbs, and public utility facilities that may be affected by grading operations. The maintenance or restoration of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County of Kaua'i and the maintenance and restoration of public utility facilities shall be in conformity with the standards of the public utility companies affected.Any person depositing or causing to be deposited, any silt or other debris in ditches, watercourses, drainage facilities, and public roadways, shall remove the silt or other debris. In case the person shall fail, neglect or refuse to comply with the provisions of this Section within twenty-four (24) hours after written notice, served upon him or her, either by mail or by personal service, the County Engineer may proceed to remove the silt and other debris or to take any other action he or she deems appropriate. The costs incurred for any action taken by the County Engineer shall be payable by the person or his or her sureties.At any stage of the grading, grubbing or stockpiling work, if the County Engineer finds that further work as authorized by an existing permit is likely to create soil erosion problems or to endanger health, safety or property, he or she may require safety precautions, which may include but shall not be limited to the construction of flatter exposed slopes; the construction of additional silting or sediment basins, drainage facilities or benches; removal of rocks, boulders, debris and other dangerous objects, if dislodged, are likely to cause injury or damage; and the construction of fences or other suitable protective barriers.At any stage of the grading, grubbing or stockpiling operations, if further work as authorized by an existing permit is likely to create dust problems which may jeopardize health, property or the public welfare as determined by the State Department of Health in consideration of the air pollution control standards and regulations, the County Engineer may require additional dust control precautions and, if these additional precautions are not effective in controlling dust, may stop all operations. These additional dust control measures may include, but are not limited to, sprinkling water, applying mulch treated with bituminous material, and applying hydro mulch.