Role of Local, State and Federal Agencies in E&SC

1. Role of Local, State and Federal Agencies in E&SC Level IB: Advanced Fundamentals Seminar Education and Training Requirements for Individuals Involved in Land Disturbing Activities Issued May 2009

2. Overview Agencies Involved • Local • Local Issuing Authorities (Cities/Counties) • Local Issuing Authorities with Memorandums of Agreement • State • Georgia Soil and Water Conservation Commission • Soil and Water Conservation Districts • Environmental Protection Division • Federal • Natural Resources Conservation Service (USDA) • U.S. Army Corps of Engineers • Environmental Protection Agency

3. Local Issuing AuthoritiesLIA Certification Criteria • City or county has adopted an ordinance which is in compliance with the provisions of O.C.GA 12-7 • City or county has inspection personnel, who are or will be certified inspectors (IB certified) in erosion and sediment control.

4. Local Issuing AuthoritiesLIA Certification Criteria Required documentation for certification • Letter requesting certification as an LIA • List of inspectors with qualifications • Certified inspectors within 6 months of hire date • Geographic size of jurisdiction • Estimated workload and inspection frequency • Copy of an adopted ordinance that reflects OCGA 12-7 (Model Ordinance)

5. Ordinance Summary List of cities and counties that are certified Local Issuing Authorities is available in the “Resource Information” section of this notebook. Also available on website at www.gaswcc.georgia.gov

6. Local Issuing AuthoritiesResponsibilities • Adequate program administration, record keeping and enforcement • Processing LDA applications and permits in compliance with stream buffer variance requirements • Maintaining list of open LDA permits • Conducting inspections and maintaining reports • Tracking violations • Enforcing the ordinance and documenting enforcement actions DNR Rules 391-3-7.09

7. Local Issuing AuthoritiesResponsibilities • Complaint Investigation Process • LIA must have a procedure in place to handle complaints including • Investigation of complaint within 5 business days • Mechanism to refer unresolved complaints to EPD • Monthly log of complaints/inquiries and actions DNR Rules 391-3-7.09

8. Local Issuing AuthoritiesDecertification Process • EPD may initiate de-certification investigation based on: • Request with documentation by local SWCD, GSWCC or EPD initiative if: • LIA’s ordinance not up to date • Inadequate inspection personnel • Failure to utilize Complaint Investigation Process • Inadequate recordkeeping • EPD investigates and notifies LIA within 60-days of perceived deficiencies

9. Local Issuing AuthoritiesDecertification Process • LIA must respond within 30 days in one of the following ways: • Acknowledge deficiencies and agree to comply • Offer explanation and solution with deadline for compliance within 90 days • Disagree with deficiencies and request mediation • If the LIA does not take corrective actions in 90 days EPD shall revoke the certification of the local issuing authority.

10. Local Issuing AuthoritiesMemorandum of Agreement (MOA) • SWCD and/or GSWCC conducts an overview to ensure capability to review and approve plans • Proven local program with good complaint resolution, enforcement and recordkeeping • Personnel certified to review plans • Memorandum of Agreement between SWCD, GSWCC and LIA • Allows quicker plan turnaround and more local management

11. Non-regulatory agency charged by law to provide information, education and technical assistance to Georgia citizens to better protect the state’s land and water resources. Georgia Soil & Water Conservation Commission

12. GSWCCRole in E&SC in Georgia • Urban Water Resource Program • Certification Program • Course design and development w/ SAB • Administration of certification program • Offer training opportunities around the State • Technical Program • Publication of Design and Field Manuals • Development and implementation of Plan Review Checklists • Provides technical assistance to SWCDs, other government agencies, various stakeholders

13. GSWCCRole in E&SC in Georgia • Rural Water Resources Program • May be contacted concerning agricultural E&SC complaints • Regional Offices and E&SC • Participant in Complaint Resolution Process • Also process E&SC complaints relating to agriculture • Review ES&PC Plans

14. ** Entire Flow Chart available in “Resource Information” section of notebook

15. Soil and Water Conservation Districts • Created in 1937 by GA legislature • 40 Soil and Water Conservation Districts in Georgia  with 370 Supervisors • Each county has at least two supervisors • Supervisors are elected and appointed • Unpaid public servants

16. Soil and Water Conservation DistrictsRole in E&SC in Georgia • Approve ES&PC Plans • Participate in District Assessment Teams (DAT) and overview local issuing authority programs • Memorandums of Agreement with local issuing authorities • Participant in Conservation partnership

17. A list of Soil and Water Conservation District Supervisors and a District map are available in the “Resource Information” section of this notebook.

18. Environmental Protection Division • A division of the Department of Natural Resources • Protects Georgia's air, land and water resources through the authority of state and federal environmental statutes

19. Environmental Protection DivisionRole in E&SC in Georgia • Selective enforcement • Certification/De-certification of Local Issuing Authorities • Complaint Resolution • District Offices throughout the state respond to complaints and assist with state waters determination

20. Environmental Protection Division Erosion and Sediment Control Contact Information Watershed Protection Branch NonPoint Source Program 4220 International Parkway, Suite 101 (404) 675-6240 www.gaepd.org District Contact Information available in “Resource Information” section of this notebook.

21. Natural Resources Conservation Service Since 1935, the Natural Resources Conservation Service (originally called the Soil Conservation Service) has provided leadership in a partnership effort to help America's private land owners and managers conserve their soil, water, and other natural resources.

22. Natural Resources Conservation ServiceRole in E&SC in Georgia • Technical review of ES&PC plans outside of Metro Atlanta area • Technical guidance and support as requested • Participant in Conservation Partnership

23. Contact information for key NRCS staff can be found in the “Resource Information” section of this notebook. **NRCS also operates Service Centers across Georgia to meet the needs of each of Georgia’s 159 counties. Check the Blue Pages of your local phone book.

24. U.S. Army Corps of Engineers The federal agency which, along with the Environmental Protection Agency (EPA) has the authority, under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, to regulate development activities that affect the waters of the United States.

25. U.S. Army Corps of Engineers • Section 10 – Rivers and Harbors Act of 1899 • Regulates structures, or work in or affecting, navigable waters of the United States • Section 404 – Clean Water Act of 1972 • Regulates discharges of dredged or fill material into wetlands and other waters of the United States

26. U.S Environmental Protection Agency • U.S. EPA leads the nation's environmental science, research, education and assessment efforts • Develops and enforces environmental regulations • Offers financial assistance in the form of grants • Performs environmental research • Sponsors voluntary projects and programs • Furthers environmental education • Provides technical information

27. Environmental Protection Agency Georgia is located in EPA’s Region 4 and is served by the Atlanta office: US EPA, Region 4Sam Nunn Atlanta Federal Center61 Forsyth Street, SWAtlanta, GA 30303404-562-99001-800-241-1754

28. Other Agencies • Georgia Forestry Commission • E&SC complaints relating to logging/silviculture • Coastal Resources Division (GA DNR) • Jurisdictional lines relating to marshes and buffers

29. Complaint Resolution • Complaints are always referred to the Local Issuing Authority • Complaints received by GSWCC are logged and pursued until resolution has been achieved • Local Issuing Authority follows the Complaint Investigation Process • Resolves complaint and documents actions • Responds to GSWCC within 48 hours by telephone and 7 days in writing (if complaint referred by GSWCC) • Unresolved complaints are referred to EPD

30. Complaint ResolutionComplaints Unresolved by LIA District Assessment Team (DAT) is formed to investigate • Includes: representatives from GSWCC, SWCD, EPD and NRCS • DAT conducts site visits • Prepare reports complete with pictures and testimony • DAT evaluates violations, meets with LIA representatives and makes decision: • May recommend program overview • May recommend de-certification • May make recommendations for program improvement

31. Summary • Local, State and Federal agencies are involved in erosion and sediment control regulation, enforcement and technical guidance • Contact information for participating agencies available in “Resource Information” section of course notebook