§ 8–103.06a. Third-party reviews and inspections.

(a) The Mayor may:

(1) Certify and allow qualified third parties to:

(A) Review permit applications, including assessments, studies, plans, and proposals;

(B) Certify their compliance with this subchapter; and

(2) Accept reports of inspection from such qualified third parties.

(b) Rules issued by the Mayor pursuant to § 8-103.20 to implement this section shall:

(1) Establish minimum qualification requirements for third parties, standards for the selection of third parties, and other matters related to the administration and oversight of third parties; and

(2) Ensure that a third party does not have a conflict of interest that could potentially affect the objectivity or reliability of its reviews or inspections.

(c)(1)(A) An individual or entity that has served in any capacity as a third-party permit application reviewer for a project shall not be eligible to serve as a third-party inspector for any component of the project.

(B) The prohibition set forth in subparagraph (A) of this paragraph shall also apply to affiliates of the individual or entity that performed the third-party permit application review.

(2)(A) An individual or entity that has or will perform any work on a project shall not be eligible to serve as a third-party application reviewer for the project or as a third-party inspector for any component of the project.

(B) The prohibition set forth in subparagraph (A) of this paragraph shall also apply to affiliates of the individual or entity that has performed the work.

(d)(1) A third-party reviewer or inspector for a project shall not:

(A) Be controlled by the project owner or any individual or entity with an ownership interest in the project;

(B) Have served as an advisor or consultant to the project;

(C) Have any contractual relationship with the permittee, project owner, general contractor, construction manager, subcontractor, or other person who has performed work on the project or permit application; and

(D) Enter into a contract for services if the third-party reviewer or inspector determines that there may be a conflict with the standards set forth in this section.

(2) A third-party reviewer or inspector for a project shall disclose any potential conflicts of interest that may arise at any time between the third-party reviewer or inspector and the project or parties connected to the project.

(e) The Department of Energy and Environment shall resolve disputes on conflict matters, and the agency's decision shall be final.

(f) A certification to serve as a third-party reviewer or inspector may be revoked by the Department of Energy and Environment for failure to comply with a requirement of this section or a rule implementing this section.

(g) This section shall not be construed to cancel or set aside any provision of this subchapter or to relieve any person of any obligation or liability otherwise existing under law.

(h)(1) The Department of Energy and Environment may establish an online platform that may, at the Department's discretion, serve as the exclusive mechanism by which an individual or entity may hire a third-party reviewer or inspector to perform a review or inspection authorized by this section.

(2) The Department of Energy and Environment may charge a fee for the use of the online platform by an individual or entity and by a third-party reviewer or inspector, which shall not exceed 5% of the total cost of the third-party review or inspection plus the cost of any credit card processing fees, automated clearing house processing fees, or other processing fees. Fees charged pursuant to this subsection shall be deposited in the Soil Erosion and Sediment Control Fund established by § 8-103.09c.