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Georgia Envi ronm ent a l

Prot ec t ion Div ision

Griffin E&S Day 2010

Erosion andSedimentation

ControlProcedures



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




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




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



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.




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




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.






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



St op Work Orders

OCGA 12-7-12(d)


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



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




St ream Buf fer

Encroachment

When there is no LIA or when an LIA

fails to enforce stream bufferregulations,


EPD will stop the activity in the buffer.



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.




Com pla in t Resolu t ion


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.





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





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




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.


EPD Specialists are required to continue trackingthese complaints and insure follow-up from the LIA





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



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.




LDA Perm i t A l low ing St ream

Buf fer Enc roac hm ent


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






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





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.


S





EPD will not issue a Section 401 WaterQuality certification for projects encroachinginto Stream buffers unless a stream buffer

variance is issued.




The End

Questions?Griffin E&S Day 2010