Role of Local, State and Federal Agencies in E

1
Role of Local, State and Federal Agencies in ESC
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
• LIAs 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
Georgia Soil Water Conservation Commission

• Non-regulatory agency charged by law to provide
  information, education and technical assistance
  to Georgia citizens to better protect the states
  land and water resources.

12
GSWCCRole in ESC 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 ESC in Georgia

• Rural Water Resources Program
• May be contacted concerning agricultural ESC
  complaints
• Regional Offices and ESC
• Participant in Complaint Resolution Process
• Also process ESC complaints relating to
  agriculture
• Review ESPC Plans

14
Entire Flow Chart available in Resource
Information section of notebook
15
Georgia Soil Water Conservation
CommissionContact Information

• State Headquarters
• 4310 Lexington Road
• PO Box 8024
• Athens, GA 30603
• [phone]
• ESC Education and Certification Program
• Po Box 1665
• Athens, GA 30603
• [phone]
• certification_at_gaswcc.org

16
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

17
Soil and Water Conservation DistrictsRole in
ESC in Georgia

• Approve ESPC Plans
• Participate in District Assessment Teams (DAT)
  and overview local issuing authority programs
• Memorandums of Agreement with local issuing
  authorities
• Participant in Conservation partnership

18
A list of Soil and Water Conservation District
Supervisors and a District map are available in
the Resource Information section of this
notebook.
19
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

20
Environmental Protection DivisionRole in ESC 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

21
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.
22
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.

23
Natural Resources Conservation ServiceRole in
ESC in Georgia

• Technical review of ESPC plans outside of Metro
  Atlanta area
• Technical guidance and support as requested
• Participant in Conservation Partnership

24
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 Georgias 159 counties. Check the Blue Pages
of your local phone book.
25
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.

26
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

27
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

28
Environmental Protection Agency

• Georgia is located in EPAs 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

29
Other Agencies

• Georgia Forestry Commission
• ESC complaints relating to logging/silviculture
• Coastal Resources Division (GA DNR)
• Jurisdictional lines relating to marshes and
  buffers

30
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

31
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

32
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