the role of the soil and water conservation district and the district supervisor in erosion and...
TRANSCRIPT
The Role of the Soil and Water Conservation District
and the District Supervisor in
Erosion and Sediment Control
GACDs
Annual Meeting
January 21 – 23, 2011
The Erosion and Sedimentation Act
of 1975Commonly referred to as the Act or GESA, gives local SWCDs the following powers:1. Approve or deny erosion, sedimentation and pollution
control (ES&PC) plans (O.C.G.A 12-7-10)2. Enter into a Memorandum of Agreement with the LIAs,
allowing LIAs to conduct their own ES&PC plan reviews (O.C.G.A. 12-7-7(e))
3. Semi-annually review the actions of LIAs (O.C.G.A. 12-7-8 (3)(b))
4. Provide technical assistance to LIA for the purpose of improving the effectiveness of the LIA’s Erosion and Sediment Control Program (O.C.G.A. 12-7-8 (3)(b) (a))
Approve or Deny ES&PC Plans(O.C.G.A 12-7-10)
• An LIA upon receipt of a land disturbing application and ES&PC plan, will forward the plan to the appropriate SWCD for review.
• The plan is given a technical review by either a GSWCC employee or an NRCS representative.
• Once the technical review is complete, the plan reviewer will make recommendation to the SWCD to either approve or deny a plan.
The ES&PC Technical Review
• The technical review is conducted using 1 of the 3 approved checklists.
• Stand Alone• Infrastructure• Common Development
• The checklists were created by EPD and GSWCC. • Incorporate the minimum requirements of both GESA and
the NPDES Permits.
• The checklists are updated and reissued every year by GSWCC.
ES&PC Plan Ratification Forms
• An ES&PC plan, is not officially approved or denied until it has been ratified by the local SWCD
• The ratification forms will be signed by the District Chair or designated District Supervisor(s)
Ratified ES&PC Plans
If the plan is approved, the plans are stamped
approved and signed by the plan reviewer. Both
the stamped plan and signed ratification form are
sent back to the LIA and a land disturbing permit
may be issued.
If the plan is denied, the plan is sent back to the
design professional along with the ratification
form with the list of deficiencies.
ES&PC Plan Ratification Forms
NPDES Requirements and the ES&PC Plan
On August 1, 2008, new NPDES Permits were
issued. Major changes:• May not disturb over 50 acres at one time without
written approval from EPD• If working within 1 mile upstream of and within the
same Watershed as any portion of an impaired stream, the ES&PC plan would need to include 4 additional BMPs
• Permitted to use alternative BMPs • A tertiary permittee is required to have an ES&PC
plan developed for each NOI that is submitted
Tertiary Permittee
Q: Who is a tertiary permitee?
A: An Owner or Operator of a remaining lot(s) within a Common Development where the PrimaryPermittee and all Secondary Permittees have submitted a NOT in accordance with the Permit
This would exclude utility companies and contractors working under a Blanket NOI
Common Development
Q: What is a Common Development?
A: A contiguous area where multiple, separate and
distinct construction activities will be taking place
at different times on different schedules under one
plan of development.
Example - Subdivisions
ES&PC Plans for the Tertiary Permittee
Tertiary Permittees are required to submit a Notice
of Intent (NOI), secure a land disturbance permit
and submit a complete ES&PC Plan.
Those ES&PC Plans must be submitted to the
local SWCD for review and approval before a land
disturbance permit may be issued.
Tertiary Permittee Guidance
Common Issues with ES&PC Plans
• The same design professional keeps submitting poor plans.
• Plan reviewers required to conduct multiple reviews of the same plan.
• The permittee feels plan is being “delayed” unnecessarily.
• Plan reviewer is not properly reviewing plan.
What can be done?
Memorandum of Agreement
• An MOA is an agreement between the local SWCD and an LIA, with concurrence from GSWCC, to allow the LIA to conduct its own technical review and approval of ES&PC plans.
• For an LIA to be considered for an MOA:• Be a certified LIA (certified by EPD)• Must demonstrate capabilities to conduct ES&PC plan
reviews.• Make a formal request to the local SWCD for an MOA.• If supported by SWCD, request should be sent to
GSWCC for further review.
Memorandum of Agreement
GSWCC’s Recommended Review Process and Procedures
1. Overviews– The LIA should have 2 consecutive overviews with a passing
score. The last overview should have occurred within the last year.
– The overview report should rate the effectiveness of the LIA’s program based on program administration/record keeping, qualifications and training of ES&PC staff, complaint resolution, inspection frequency, level of enforcement and site conditions.
– The overview reports should not raise any red flags. (i.e. relying solely on engineers designing the plan to make state waters determinations)
Memorandum of Agreement
GSWCC’s Recommended Review Process and Procedures
2. Six Month Probation Period– During this probation period the LIA will conduct plan
reviews based on approved checklists, once their review is complete, send the ES&PC to the District for review along with the LIA’s recommendation to approve/deny the plan.
– After the 6 month probation period, the District may decide to proceed with the MOA or extend the probation period.
Memorandum of Agreement
GSWCC’s Recommended Review Process and Procedures
3. GSWCC Urban Program will use the technical review sheets to determine whether or not the LIA is capable of conducting quality plan reviews.
4. Technical staff will make a recommendation to the GSWCC Board to grant concurrence for the MOA.
5. Once the MOA has been approved, all parties (the District, LIA and GSWCC Board) shall sign the MOA.
6. A copy of the signed MOA will be sent to the District, LIA and GSWCC Board.
Reviews of LIAs
The E&S Act gives authority to the Districts and
GSWCC to conduct overviews of LIAs. Overviews
are conducted through the Semi- annual report
and by the traditional overview which consists of a
1 – 2 day meeting with an LIA.
Semi- Annual Reports
To be completed and submitted for two reporting periods
June 1 – Dec 31 and July 1- June 30
Reports are submitted to District and Commission offices
Overviews
• SWCD will send correspondence to LIA when scheduling an overview – Before the overview, the LIA must complete the
questionnaire and all required documentation. (ie inspection logs, permit files)
• District Assessment Team (DAT) will conduct program overview including office visit and site visits
• The DAT may consist of GSWCC, District and NRCS representatives
Overviews
At the Overview, the DAT will meet at the LIA’s
office and review their ordinance to ensure that it is
up to date, application, permitting, record
keeping processes.
After the office portion, sites will be selected at
random and the site visits will begin to ensure the
inspectors are keeping sites in compliance.
Overviews
To ensure consistent overviews across the State, GSWCC has adopted a new overview scoring sheet.
The score sheet consists of the following categories:– Program Administration and Record Keeping– Qualifications and Training– Complaint Resolution– Inspection Frequency and Level of Enforcement– Reporting – Site Conditions– Quality of Plan Reviews (if LIA has an MOA)
Overviews
Overview Reports
After the overview has been completed, the LIA
will receive a written report with the findings. An
overall score will be awarded based on the
overview score sheet.
1. LIA without MOA – total possible points 500.
2. LIA with MOA – total possible points 600
OverviewsThe ratings have changed from Consistent, Provisionally Consistent and Inconsistent.
The new ratings are:Exceptional Acceptable
Below Average (Need plan for improvement)Failed Notify EPDComplete Failure
Providing Technical Assistance
• Conduct site inspections
• Invite LIA to attend District meetings
• Offer certification/re-certification training
• Offer additional training opportunities
The Education and Certification Program
Districts can offer certification and re-certification courses.
Regional Representatives or other GSWCC staff will be
able to provide the course instruction.
District Supervisors are encouraged, but not required to
become certified.
A complete list of course dates are available on the GSWCC
website at www.gaswcc.georgia.gov
Urban Program Updates
Urban Program UpdatesEducation and Certification Program
Effective July 1, 2010 the GSWCC will:
• No longer mail expiration warnings to individuals whose certifications are set to expire within 60 days.
However, electronic notifications will be sent to thoseindividuals that have a valid email address registered with GSWCC.
If you would like to receive electronic notifications please call 706-552-4474 or email [email protected].
Urban Program UpdatesEducation and Certification Program
Effective July 1, 2010 the GSWCC will:
No longer issue new certification cards to those individuals that have met the re-certification requirements.
Instead, individuals will receive a re-certification sticker thatwill extend their certification for another three years. The re-certification sticker will have the individual’s name, certification number and the new expiration date.
The sticker should be placed on the backside of the current certification card.
Urban Program Update
GSWCC has created an LIA database which
allows GSWCC to electronically keep:
– All LIA contact information– Overview reports– Ordinances – MOAs– Semi annual an quarterly reports
Urban Program Updates
In addition to the LIA database, GSWCC has also
developed Regional database that tracks:• Monthly ES&PC plan reviews• Complaints• Community Outreach• LIA Assistance
Reports can be generated to provide information
by region, SWCD and LIA
Urban Program Updates
Setting BMP Methods and Standards for Inclusion into The
Manual for Erosion and Sediment Control in Georgia.
• 3 year, 319 Grant• Goals:
– Establish a process and procedures for accepting new practices into the Manual.
– Revise outdated information– Incorporate information from other related manuals
(Stormwater/DOT)
Urban Program Updates
Setting BMP Methods and Standards for Inclusion into The
Manual for Erosion and Sediment Control in Georgia.
Progress to date:• GSWCC Board has appointed the Technical Advisory
Committee. 7 member board with 4 advisors (representatives from EPD, NRCS and DOT)
• Met in October 2010, rescheduling January meeting for February
• Currently updating information
