Georgia Erosion & Sediment Control
DECEMBER
2008
In This Issue
The 2004 MODEL ORDINANCE is GETTING A FACE LIFT...Why?
ONLINE RECERTIFICATION...I don't think so!
EPA's $11.8 BILLION DOLLAR ENFORCEMENT
TECH TALK by Jim Spotts
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Greetings!
 

CONSISTENCY!  That's the word that many of you say is missing from Georgia's erosion and sediment control (E&SC) regulatory environment.  If enforcement were only consistent from one Local Issuing Authority (LIA) to another, the construction community would more consistently hire responsible ES&PC Plan Design Professionals, monitoring consultants, erosion control subcontractors, etc., to help them stay in compliance with the Federal Clean Water Act.

Thanks to Georgia's erosion certification program, over 50,000 individuals in Georgia are now aware of the laws that govern land disturbing activities.  That means that thousands of people who used to be ignorant of these requirements,are now intimately aware (if properly instructed) of the laws identified in their NPDES General Permit.  This fact begs the question.... "Is being certified enough to ensure a permittee keeps the sediment on their site?"  A simple look at most construction sites after it rains has so far answered that question with a resounding....NO!  So what other factor is going to motivate an individual to keep the sediment on site and out of our streams and lakes?  The answer is "proper and consistent enforcement!"

Let's face it...our ever exploding population is why the EPA continues to put more and more pressure on state and local governments to enforce Clean Water Act laws.  This pressure is only going to grow over time as our population grows at a rate never experienced before.  If local government leadership would step up to the plate and enforce their local land disturbance permits with consistency, then the false illusion that many government officials have of "driving developers out" would go away. 

Georgia's erosion and sediment control program can work if land disturbance permittees receive good, proper and consistent enforcement of their permits.  It actually takes the confusion away from everyone involved if a LIA Inspector understands the NPDES General Permit and has has the support of his government's leadership when he/she enforces those requirements in the field.  
 
The bottom line is that the construction community deserves consistent local enforcement and more importantly Georgia's beautiful environment demands it!
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OUR new RECERTIFICATION Courses for LEVEL 1A, 1B and 2 FOCUS on the New NOI, changes to the new General Permit, Georgia's 303(d) list of impaired stream segments, plus the NEW UPDATES to GESAs Local Enforcement requirements. 
 
Click on this link for a list of our TESTIMONIALS.
Call us at 678-469-5120 or click here to schedule your Georgia certification,  recertification, or to arrange a private training. 
 
 
Email us at  
tlowen@geologicesi.comGeoLOGIC logo
 
    NPDES Stormwater Training Institute
THE MODEL ORDINANCE IS GETTING A FACE LIFT....  
Mod Ord - pg 8 FinalLike most supporting documents (ie plan checklists, etc.) after the new NPDES General Permit became active on August 1, 2008, the Model Ordinance is also getting a face lift.  We'll keep you updated...
 
Don't forget that w
hen a county or city Inspector enforces the local LDA permit, the State of Georgia requires that they enforce it as if they are the EPD enforcing the NPDES General Permit for Construction Sites? 
In other words "The rules and regulations, ordinances, or resolutions adopted by the LIA for the purpose of governing land disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit;"
 
That means that if you are a LIA Inspector (Level 1B Advanced Fundamentals certified person) you must have read, understood and should have in your possession, the NPDES General Permit if you are to properly enforce the land disturbance permit for your jurisdiction during a site inspection. 
 
By clicking on the model ordinance above, you will be directed to the entire 2004 Model Ordinance.  Page 8 identifies the responsibility and authority LIAs have accepted by signing this important document.
 
Call us at 678-469-5120 (or go to www.erosiontraining.com where you will be directed to the GeoLOGIC website) to schedule yourself or your organization for one of our courses.
FREE FISHING TRIP by Sportfish Atlanta (to be given away by December 15th)
 
CLICK HERE to DOWNLOAD your Course Schedule!
 
GeoLOGICs NPDES Training Institute Class Schedule
WHAT's WRONG WITH ONLINE RECERTIFICATION?
The answer to this question has been answered best by the course evaluations of thousands of people who have interacted in one of Luke Owen's in-class instruction.  "Online recertification is incapable of giving our attendees the necessary, most thorough and up-to-date information available, so we've shyed away from it knowing that there is a convenience factor that some might feel they are getting by taking a boring 4-hour online course." 
 
The requirements of Georgia's E&SC program changes on a monthly basis in some cases, our course evaluations testify that our classes are highly interactive and contain information that is impossible for an on-line certification course to deliver.  We work hard for you and guarantee you a recertification course that you will be glad you attended!.
RECORD EPA Enforcement provides Record Pollutant Reductions in 2008
Release date: 12/04/2008 
EPA
Massey Energy, the largest coal producer in central Appalachia, will pay a $20 million civil penalty to resolve CWA violations in West Virginia and Kentucky. This is the largest civil penalty in EPA's history levied against a company for wastewater discharge permit violations. Massey will take measures to prevent 380 million pounds of pollutants from entering the water by investing approximately $10 million to develop a comprehensive system to prevent future violations.

Fiscal year 2008 was a banner year for EPA's enforcement and compliance program, which concluded civil and criminal enforcement actions requiring regulated entities to spend an estimated $11.8 billion on pollution controls, cleanup and environmental projects, a record for EPA. Notable accomplishments included protecting the nation's water from construction site runoff, convicting environmental criminals,cutting tons of air pollution from power plants, stopping the import of illegal engines, and holding polluters accountable for hazardous waste cleanups.
  
http://cfpub.epa.gov/compliance/newsroom
Plantation Pipe Line Company, Alpharetta, Ga. has agreed to pay a civil penalty for Clean Water Act violations and implement safeguards in order to resolve a lawsuit that spans three states (Georgia, Virginia, and North Carolina).
Settlement Amount: $725,000

http://cfpub.epa.gov/compliance/cases/

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Fireball Properties, Bartow County
Order Number: EPD-WQ-5011
Date of Issue: November 25,2008
Cause of Order: Land Clearing and Grubbing Site...
Failure to submit Notice of Intent for land disturbing activities; no erosion and sediment controls  
Requirement(s) of Order: File NOI and pay associated fees for LDA; immediately voluntarily cease any further construction activity except installation/maintenance of temporary or permanent E&S controls; take all actions necessary. 
Settlement Amount: $41,000 
 
Jim Spotts - PolymersTECHTALK 
by Jim Spotts
TechTalk is a forum for resolving erosion and sediment control and/or construction related problems from a technical perspective.  Technical questions are submitted by the reader; suggestions may be from Southeast Environmental Consultants, LLC, (SEC) or other sources.  The reader is solely responsible for the results, if the suggestion is implemented.
 
Question:  Often alone while performing NPDES General Permit monitoring inspections, I have to cross several barbed wire fences.  Not being a gazelle so that I could jump over them, I have to pass between the strands of wire.  The result is lots of rips in my clothing and a few battle wounds when the barbed wire won.  How can I avoid this?  
 
Response:  Purchase a couple of steel "S" hooks at a local hardware store.  Hook one end to a lower strand, lift the hook and attach it to the strand above it. Do the same thing to lower strands, creating an opening for you to pass through.  Upon returning, be sure to collect your hooks for the next fence.
 
To sign up for a special field training for site inspections and monitoring, email us at tlowen@geologicesi.com
 
 
New Army Corps/EPA Wetlands Guidance Does Not Protect Wetlands
 
The United States has lost more than half of it's original wetlands - nature's most productive ecosystem - and we continue to lose more than 80,000 wetland acres every year. With more than one million supporters, Ducks Unlimited is the world's largest and most effective wetland and waterfowl conservation organization with more than 12 million acres conserved.  

The guidance released on December 3, 2008 from the Environmental Protection Agency and the Army Corps of Engineers on wetlands jurisdiction does not address a delayed permitting process, and highlights the need for a legislative solution to the regulatory quagmire that has followed in the wake of the Rapanos v. United States Supreme Court decision, according to Ducks Unlimited. Ducks Unlimited supports proposals in Congress that would clarify and restore protections over isolated wetlands.

=> READ MORE
In Georgia, sediment is filling up our reservoirs and emptying our streams of natural trout populations. 
These are just a few of the reasons why the US EPA is "cracking down" and encouraging all state and local governments to enforce the NPDES requirements more stringently! 
 
Learn from the best and sign up for our training....you'll be glad you did GUARANTEED!
 
We
look forward to serving you!  Please contact me directly at 678-469-5120 with your questions or suggestions.
 
 Sincerely,
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 TLO Sig
T. Luke Owen, PG
Director, NPDES Stormwater Training Institute
 
Sponsored by GeoLOGIC
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