New Erosion and Sediment Control Certification Requirements for Georgia Green Industries

 Frequently Asked Questions

Rose Mary Seymour, P.E., Ph.D.
Extension Specialist,  UGA- Griffin Campus

1-Who Needs Erosion and Sediment Control Certification for working in Georgia?

Essentially any company that is involved with land disturbing activities (LDAs) must have at least one responsible person on site at all times that is certified in erosion and sediment control.  For this situation, the responsible person should have a Level IA certification.  This requirement must be met and will begin to be enforced after December 31, 2006.

Whether or not someone needs certification has nothing to do with whether the land disturbing activities are being carried out on a permitted construction site.  Any  LDA that could result in sediment washing onto public lands  (i.e. streets) or into waters of the state must be carried out with a certified erosion and sediment control person at the site.  LDAs can include laying sod, renovating a landscape, installing hardscapes and many other activities that landscape companies and installers carry out.

Landscape maintenance and installation companies should consider the services they offer and whether they offer LDAs as a part of their services.  If so, the company should have enough employees certified in erosion and sediment control such that they can have a responsible certified person on-site at all of their worksites.

2-What qualifies as a land disturbing activity (LDA)?

The definition of "land disturbing activities" is "any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands

within the state, including, but not limitied to,clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code section 12-7-17.

Also, in Code section 12-7-3, "Person" has a definition that includes "any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity."  Given this definition of "person," the DNR Environmental Protection Division will enforce these rules such that any "person" (which could be anything listed above such as a landscape business) that carries out land-disturbing activities must have a responsible person on-site at all times that land-disturbing activities are being conducted by that person (or company employees).  For example, a university has a crew of people that are doing some kind of "land-disturbing activity" such as renovating a landscape or repairing a campus water main, then at least one of the people on that crew should be certified in E&SC control. 

3-What activities are exempted from certification or permitting requirements?

Code section 12-7-17 lists several activities that are exempted from requiring a construction permit. They are

(1) surface mining

(2) granite quarrying

(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences and other related activities which result in minor soil erosion; 

(4) construction of single family residences that will disturb less than one acre of land;

(5) Agriculture operations;

(6) Forestry land management practices including harvesting;

(7) Any project under the supervision of the NRCS;

(8) Any project involving less than one acre of disturbed area;

(9) GDOT projects;

(10) Infrastructure projects (i.e. electric company or coop, sewer, etc.);

(11) Public water system reservoirs;

4- Does this mean that the above exempt activities do not have to control erosion and sediment?

Although the above exemptions are made, exemptions (4), (8), (9) and (10) are still required to use erosion and sediment control BMPs as described in Code section 12-7-6(b) and can be cited for violation by local issuing authorities. Most of the other exemptions listed above are governed by other rules and regulations that would require  control of erosion and sedimentation during these activities.

For example, the construction of a single family residence that will disturb less than 1 acre does not require a permit, but erosion and sediment must still be controlled by properly designed, installed and maintained E&SC BMPs. In such a case, the way a violation might occur would be if someone (a neighbor or concerned citizen) called the local issuing authority (LIA) or EPD and complained about erosion or sediment in a water body or a public area. The LIA or EPD would have to go out and investigate the complaint and determine if there is a violation.  A violation could be 1) evidence that eroded sediment had left the property where the land-disturbing activity was taking place and moved onto public lands or into state waters; 2) E&SC BMPs were not properly designed, installed and/or maintained; 3) there was not a qualified E&SC person on-site for the company carrying out the activity that created the erosion and sediment movement.     

5-What qualifies as "minor land disturbing activity" in the rules?

Minor land-disturbing activities examples given in the rules are home gardens, individual home landscaping, repairs, maintenance work, fences and other related activities.  This exemption only includes homeowners or landowners doing these activities themselves on their own land. This exemption would not include any activities carried out on commercial, business or institutional properties or activities carried out by someone receiving payment for services. If someone is paid to do any kind of land-disturbing activity, then E&SC BMPs need to be in place, and a certified responsible person needs to be on-site while the activity is taking place. 

 6-What law established the new erosion and sediment control certification requirements?

 The OCGA Code section 12-7-1 to 12-7-21 provide the rules for changes to the original Georgia Erosion and Sediment Act (GESA) that define the new erosion and sediment control certification requirements along with several other changes to the GESA.  Other changes in the new rules have to do with

·         the requirements for local governments to become local issuing authorities,

·         enforcement of the E&SC certification rules,

·         requirements for construction permits and notice of intent,

·         establishment of the Erosion and Sediment Control Overview Council to provide guidance on acceptable BMPs for erosion and sediment controls, 

·         enforcement and penalties,

·         exemptions to rules,

·         instructor qualifications for the certification courses,

·         establishment of the Stakeholder Advisory Group that approved the training materials and the training program of the GSWCC.

 7- How will these rules be enforced?

The Georgia DNR Environmental Protection Division (EPD) is the state enforcement authority for erosion and sediment control.  However, a local government can be certified by EPD to be a local issuing authority(LIA) if they have the correct ordinances in place that will establish how the local government will enforce the rules of the GESA. However, if the Director of EPD determines that a LIA has failed to secure compliance, then EPD may step in and enforce the rules.  The GSWCC website has a listing of each jurisdiction in Georgia with who is responsible for enforcement of the GESA.

8-What level training do I need?

There are 3 certification levels. 

Level 1A is for on-site personnel such as contractors, superintendents, heavy equipment operators, and general workers who may be responsible for E&SC on-site and for those who will carry out the on-site monitoring. The seminar course for Level 1A certification is a one day workshop. 

Level 1B is for the people who will be inspecting sites for E&SC compliance.  The seminar course for Level 1B certification is a two day workshop.  

Level 2 is for designers who must create erosion and sediment control plans that are required for land disturbing activities.  The seminar course for Level 2 certification is a two day workshop. 

9- What is required to become certified?

Most landscape and irrigation contractors and their employees will need Level 1A certification.  Level IA certification requires that

·         attendance of an approved Level IA Fundamentals course,

·         application for certification filled out and approved,

·         pass the Level IA certification exam.

All three of the requirements can be completed during the one day course.  If a participant does not pass the exam the first time or for some reason they do not wish to take the exam that day, they may take or re-take the exam within three years of attending the course during an Exam Only Session.

10-What agencies are involved in the Erosion and Sediment Control Certification? 

The Georgia Soil and Water Conservation Commission (GSWCC) is responsible for developing the training materials and implementing the education and certification program required by HB 285.  The GSWCC is allowed to delegate training responsibilities to qualifying trainers.  These third party trainers are required to present the training workshops with the exact agenda and training materials provided to them by the Commission. Thus, whoever or wherever you participate in an E&SC Certification workshop, the information covered will be the same. 

11-How do I know if a workshop on E&SC is an approved course for the Georgia certification program?

 For a workshop to be approved, the instructor must have an approved proctor to give the exam and fill out an application for the course with the GSWCC.  Any workshop that is acceptable for certification training will be found listed at the GSWCC website under their listing of course dates at  http://gaswcc.georgia.gov/00/channel_modifieddate/0,2096,28110777_29155166,00.html

(To get to this page of the website go to gaswcc.georgia.gov and click on "Urban Lands"). 

During the workshop participants are given an application form to apply for certification.  They will then take an exam, and if they pass the exam, after attending the workshop, they are certified.

12- Is the E&SC Certification program like the Commercial Pesticide Applicators Certification program such that only supervisors need to be certified and employees working under them just need to have easy access to their supervisor?

 

No.  The E&SC rules were constructed by a different state agency and a different stakeholder advisory group.  They specifically want a responsible person on-site for any company or subcontractor carrying out land disturbing activities.  The rules are set up such that for permitted construction sites, any contractor working at the site should be familiar with the erosion and sediment control plan for the site and should have someone on-site during active work to ensure that the BMPs for E&SC are not destroyed and are maintained in good working order.  The rules were also written to require anyone that participates in LDAs, not just contractors working on permitted construction sites, are familiar with E&S processes, the rules and the BMPs for E&SC.  

13- What is needed to maintain certification and to get recertified when the certification expires?

Certification expires after 3 years.  During that 3 years, participation in 4 hours of approved continuing education units are required to maintain the certification.  However, the GSWCC has not established the criteria for approving continuing education activities, reporting requirements for CEU completion or the requirements for renewing certification after the initial 3 years.  Sometime in 2007, the GSWCC should have these requirements established.