07 LC
25 4752
House
Bill 463
By:
Representatives McCall of the
30th,
Powell of the
29th,
Burns of the
157th,
Roberts of the
154th,
Lunsford of the
110th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating
to control of soil erosion and sedimentation, so as to change certain provisions
relating to exemptions from said chapter; to change certain provisions relating
to education and training requirements relative to said chapter, required
programs, instructor qualifications, and expiration of certification; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 12 of the Official Code of Georgia Annotated, relating to control of
soil erosion and sedimentation, is amended by revising paragraph (3) of Code
Section 12-7-17, relating to exemptions from said chapter, as
follows:
"(3)
Such minor land-disturbing activities as
shall be
prescribed by rule or regulation of the board not later than July 1, 2007, which
shall include home gardens and individual
home landscaping, repairs, maintenance work, fences, and other related
activities which result in minor soil erosion;"
SECTION
2.
Said
chapter is further amended by revising Code Section 12-7-19, relating to
education and training requirements relative to said chapter, required programs,
instructor qualifications, and expiration of certification, as
follows:
"12-7-19.
(a)
After
December 31, 2006, all persons involved in land development design, review,
permitting, construction, monitoring, or inspection or any land-disturbing
activity
(1) On and
after the effective date of this subsection, for each site on which
land-disturbing activity occurs, each operator for such site and each person
involved in permitting, monitoring, or inspecting land-disturbing activity for
the local issuing authority or the division, whichever has
jurisdiction, shall meet the education and
training certification requirements, dependent on
their
his or
her level of involvement with the process,
as developed by the commission in consultation with the division and the
Stakeholder Advisory Board created pursuant to Code Section
12-7-20.
(2)
The provisions of paragraph (1) of this subsection shall not apply to any person
who is an operator as defined in subparagraph (B) of paragraph (10.1) of Code
Section 12-7-3 if such person is a subcontractor and the prime contractor who
has operational control of land-disturbing activities for the site meets the
applicable operator training and certification requirements developed by the
commission.
(b)
No less than the following training programs shall be established:
(1)
A fundamentals seminar (Level 1) will be established which provides sufficient
training to all participants as to the applicable laws, requirements, processes,
and latest means and methods recognized by
the
this
state to effectively control erosion and sedimentation;
(2)
An advanced fundamentals seminar (Level 1) will be established which provides
additional details of installation and maintenance of best management practices
for both regulatory and nonregulatory inspectors and others;
(3)
An introduction to design seminar (Level 2) will be established which provides
required training to design and review a successful erosion, sedimentation, and
pollution control plan;
(4)
An awareness seminar (Level 1) will be established which provides information
regarding the erosion and sediment control practices and processes in the state
and which will include an overview of the systems, laws, and roles of the
participants; and
(5)
A trainer and instructor seminar will be established for both Level 1 and Level
2 trainers and instructors which will provide the minimum training as to
applicable laws and best management practices and design of erosion,
sedimentation, and pollution control plans in
the
this
state.
(c)
Trainer and instructor qualifications will be established with the following
minimum requirements:
(1)
Level 1 trainers and instructors shall meet at least the following minimum
requirements and any other requirements as set by the commission:
(A)
Education: four-year college degree or five years´ experience in the field
of erosion and sediment control;
(B)
Experience: five-years´ experience in the field of erosion and sediment
control. Where years of experience is used in lieu of the education requirement
of subparagraph (A) of this paragraph, a total of ten years´ field
experience is required;
(C)
Approval by the commission and the Stakeholder Advisory Board; and
(D)
Successful completion of the Level 1 trainer and instructor seminar found in
paragraph (5) of subsection (b) of this Code section; and
(2)
Level 2 trainers and instructors shall meet at least the minimum requirements of
a Level 1 trainer or instructor, any other requirements as set by the
commission, and successful completion of the Level 2 trainer and instructor
seminar created under paragraph (5) of subsection (b) of this Code
section.
(d)
In addition to the requirements of subsection (c) of this Code section, the
commission shall establish and any person desirous of holding certification must
obtain a passing grade as established by the Stakeholder Advisory Board on a
final exam covering the material taught in each mandatory seminar. Final exams
may, at the discretion of the commission, serve in lieu of attendance at the
seminar. Any
person shall be authorized to administer the final examination for any seminar
for which he or she was the instructor.
(e)(1)
A certification provided by achieving the requirements established by the
commission shall expire no later than three years after its
issuance.
(2)
A certified individual shall be required to attend and participate in at least
four hours of approved continuing education courses, as established by the
commission, every three years.
(3)
A certification may be extended or renewed by meeting requirements established
by the commission.
(4)
Revocation procedures may be established by the commission in consultation with
the division and the Stakeholder Advisory Board."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.