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8/8/2019 EPD Compliance
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Georgia Envi ronm ent a l
Prot ec t ion Div ision
Griffin E&S Day 2010
Erosion andSedimentation
ControlProcedures
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Eros ion and Sedim ent at ion
Cont ro l Proc edures
Became effective January 10, 2006
Clarifies certain EPD activities in
regards to Erosion and Sedimentationto insure consistent implementation
statewide
Griffin E&S Day 2010
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Pr inc ip les
1. Erosion and Sedimentation control
programs must have a local focus. EPDwill never have sufficient staff to replace
local programs.
2. EPD must instill a strong will in local
governments to control erosion and
sedimentation
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Pr inc ip les
3. EPD should support local programs,
especially through education andguidance
4. Local Issuing Authorities are the first line
of enforcement; EPD is the enforcement
backstop.
5. If EPD investigates a site and finds
violations, we must seek enforcement
actions which may include penalties.Griffin E&S Day 2010
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Pr inc ip les
6. EPD must prioritize our work, since we
would quickly be overwhelmed if we did not
7. EPD must retain fairness and common sense
in implementing this program.8. EPD must be consistent.
9. A high priority is educating localgovernments, developers, and consultants.
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EPD Enforc em ent
Sequence
A NOV will be issued when EPD
inspects/evaluates a site and:
Documents MINOR violations/deficiencies by a
FIRST OFFENDER; and
Identifies no environmental impacts; and
Violations are timely corrected; or
Failure to pay appropriate fees to EPD, if such
fees are paid timely after EPD issues the NOV
Griffin E&S Day 2010
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EPD Enforc em ent
Sequence
Consent Orders, including monetarypenalties will be issued for:
Violations resulting in SIGNIFICANTSEDIMENT reaching state waters; and/orSTREAM BUFFER encroachment; and/or
Failure to submit an NOI
Issuance of a NOV is not required prior to proposing a
Consent Order. Penalties will be consistent statewide andbased upon the penalty rationale.
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St op Work Orders
Where an LIA is present, EPD will follow thecomplaint resolution procedures.
EPD has the authority to issue Stop WorkOrders in areas covered by an LIA and inareas not covered by an LIA.
Where there is no LIA, EPD issues SWOs in
accordance with OCGA 12-7-12.Griffin E&S Day 2010
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St op Work Orders
OCGA 12-7-12(d)
Griffin E&S Day 2010
A Stop Work Order shall be issued:
For failure to submit an NOI; and/orFor failure to maintain a stream buffer; and/orFor significant sediment in State Waters
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St op Work Orders
Only t he Di rec t o r o f EPD has
t he aut hor i t y t o ex ec u t e andresc ind an Adm in is t ra t i ve St op
Wor k Order
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St ream Buf fer
Encroachment
When there is no LIA or when an LIA
fails to enforce stream bufferregulations,
Griffin E&S Day 2010
EPD will stop the activity in the buffer.
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St ream Buf fer
EncroachmentFor activity occurring in the buffer, a
Consent Order will be executed that:
Includes a financial penalty based on the
EPD Penalty Rationale and requires restorationof the impacted buffer area.
If the activity meets one of the criteria forobtaining a variance, it may be allowed toremain with the monetary penalty being
adjusted accordingly.
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Com pla in t Resolu t ion
Griffin E&S Day 2010
EPD receives a citizen complaintAsk if complainant has contacted LIA
refer complainant to LIAIf the answer is NO,
Complainant is provided contact information and instructedto contact EPD if they get no response from the LIA.
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Com pla in t Resolu t ion
Griffin E&S Day 2010
First letter from the EPD District Office will:1)Advise the LIA that EPD has received a
complaint2)Provide details of the complaint3)Require action by the LIA within 5 business
days.
a letter is written to LIAIf the answer is YES,
EPD Specialists are required to track these
complaints and insure follow-up from the LIA
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Com pla in t Resolu t ion
Griffin E&S Day 2010
EPD assesses the complaint status and may visitthe site with the LIA
EPD receives a second complaint
If problems are identified, EPD will take enforcement
action or a second letter is sent to the LIA
If the second complaint is deemed trivial orresolved, then no further action is warranted
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Com pla in t Resolu t ion
Second letter from the EPD District Office will:
1)Be addressed to the Mayor/BOC Chairmanor City/County Manager;2)Refer to the E&S Act and Rules and note that
enforcement appears to be warranted;3)Require action by LIA and a response to EPD
within 5 business days.
Griffin E&S Day 2010
EPD Specialists are required to continue trackingthese complaints and insure follow-up from the LIA
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Com pla in t Resolu t ion
Griffin E&S Day 2010
If the LIA responds, no further action iswarranted
If the LIA fails to respond after thesecond letter, EPD will take enforcement
and recommend the LIA for a programoverview
EPD A i t t
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In the event an LIA requests EPD’s help in
general or more specifically for enforcementaction to address a site that they are havingdifficulty gaining compliance,
EPD Assis t anc e t o
LIAs
EPD will provide the requested assistance;the request should be in writing on LIAletterhead.
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LDA Perm i t A l low ing St ream
Buf fer Enc roac hm ent
Griffin E&S Day 2010
What actions will EPD take for stream buffer
encroachments where the LIA has issued an LDApermit which inappropriately allows a stream bufferencroachment?
EPD response to Developer:
Require buffer remediationNo monetary penaltyObtain proper variances
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LDA Perm i t A l low ing St ream
Buf fer Enc roac hm ent
Griffin E&S Day 2010
LIA Corrects the Problem?
Yes No
Resolved - Put LIA on “Notice”- Meet with EPD and receive
training- For Metro Planning District,
advise status may affectissuance of water
permits
EPD Response to LIA:•Notify LIA in writing and ask for
resolution and a report to EPD•Require a plan to correctprocedures for future permitting
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LDA Perm i t A l low ing St ream
Buf fer Enc roac hm ent
Failure to enforce streambuffer requirements is anoverview trigger. Repeatedfailures will be a basis fordecertification.
Incompetence or inappropriateactions by a design professional
could result in EPD forwardinga complaint to the professionalregistration board asking for aninvestigation of the designprofessional.
Griffin E&S Day 2010
S
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LDA Perm i t A l low ing St ream
Buf fer Enc roac hm ent
EPD will not issue a Section 401 WaterQuality certification for projects encroachinginto Stream buffers unless a stream buffer
variance is issued.
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The End
Questions?Griffin E&S Day 2010