07
LC 25 4922S
House
Bill 463 (RULES COMMITTEE SUBSTITUTE)
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 certification of locality as local issuing authority, periodic
review, procedure for revoking certification, and enforcement actions; 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 Code Section 12-7-8,
relating to certification of locality as local issuing authority, periodic
review, procedure for revoking certification, and enforcement actions, as
follows:
"12-7-8.
(a)(1)
If a county or municipality has enacted ordinances which meet or exceed the
standards, requirements, and provisions of this chapter and the state general
permit, except that the standards, requirements, and provisions of the
ordinances for monitoring, reporting, inspections, design standards, turbidity
standards,
and
education and
training, and
project size thresholds with regard to education and training
requirements shall not exceed the state
general permit requirements, and which are enforceable by such county or
municipality, and if a county or municipality documents that it employs
qualified personnel to implement enacted ordinances, the director may certify
such county or municipality as a local issuing authority for the purposes of
this chapter.
(2)
A local issuing authority shall regulate both primary and secondary permittees
as such terms are defined in the state general permit. Primary permittees shall
be responsible for installation and maintenance of best management practices
where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best
management practices where the secondary permittee is conducting land-disturbing
activities. A local issuing authority must review, revise, or amend its
ordinances within 12 months of any amendment to this chapter.
(3)
Any land-disturbing activities by a local issuing authority shall be subject to
the same requirements of the ordinances such local issuing authority adopted
pursuant to this chapter as are applied to private persons, and the division
shall enforce such requirements upon the local issuing authority.
(b)
The districts or the commission or both shall
periodically
review
quarterly
the actions of counties and municipalities which have been certified as local
issuing authorities pursuant to subsection (a) of this Code section. The
districts or the commission or both may provide technical assistance to any
county or municipality for the purpose of improving the effectiveness of the
county´s or municipality´s erosion and sedimentation control program.
The districts or the commission shall notify the division and request
investigation by the division if any deficient or ineffective local program is
found.
(c)
The board, on or before December 31, 2003, shall promulgate rules and
regulations setting forth the requirements and standards for certification and
the procedures for decertification of a local issuing authority. The division
may periodically review the actions of counties and municipalities which have
been certified as local issuing authorities pursuant to subsection (a) of this
Code section. Such review may include, but shall not be limited to, review of
the administration and enforcement of
and compliance
with a governing authority´s
ordinances and review of conformance with an agreement, if any, between the
district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to
subsection (a) of this Code section has not administered
or,
enforced, or
complied with its ordinances or has not
conducted the program in accordance with any agreement entered into pursuant to
subsection (e) of Code Section 12-7-7, the division shall notify the governing
authority of the county or municipality in writing. The governing authority of
any county or municipality so notified shall have 30 days within which to take
the necessary corrective action to retain certification as a local issuing
authority. If the county or municipality does not take necessary corrective
action within 30 days after notification by the division, the division
may
shall
revoke the certification of the county or municipality as a local issuing
authority.
(d)
The director may determine that the public interest requires initiation of an
enforcement action by the division. Where such a determination is made and the
local issuing authority has failed to secure compliance, the director may
implement the board´s rules and seek compliance under provisions of Code
Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement
actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15
shall not require prior revocation of certification of the county or
municipality as a local issuing authority."
SECTION
2.
Said
chapter is further 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 home gardens and individual home
landscaping, repairs, maintenance work, fences,
beaver dam
removal, and other related activities
which result in minor soil erosion;"
SECTION
3.
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)(1)
Persons
After
December 31, 2006, all persons involved in
land development design, review, permitting, construction, monitoring, or
inspection or any land-disturbing activity 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 accordance
with this Code section and in consultation
with the division and the Stakeholder Advisory Board created pursuant to Code
Section 12-7-20.
(2)
On or after the effective date of this subsection, for each site on which
land-disturbing activity occurs, each entity or person acting as either a
primary, secondary, or tertiary permittee, as defined in the state general
permit, shall have as a minimum one person who is in responsible charge of
erosion and sedimentation control activities on behalf of said entity or person
and meets the applicable education or training certification requirements
developed by the commission present on site whenever land-disturbing activities
are conducted on that site. A project site shall herein be defined as any land
disturbance site or multiple sites within a larger common plan of development or
sale permitted by an owner or operator for compliance with the state general
permit.
(3)
Persons or entities involved in projects not requiring a state general permit
but otherwise requiring certified personnel on site may contract with certified
persons to meet the requirements of this chapter.
(4)
Any person or entity operating in a subcontractor capacity with a state general
permittee who has operational control of land-disturbing activities for the site
and has met the applicable certification requirements shall by December 31,
2007, be required to meet the educational requirements specified in paragraph
(4) of subsection (b) of Code Section 12-7-19.
(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
does not
exceed two hours in duration and 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;
provided, however, that there shall be no final exam requirement for purposes of
paragraph (4) of subsection (b) of this Code
section.
(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
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.