Model Soil Erosion, Sedimentation and Pollution Control Ordinance s1

Final Model Ordinance July 1, 2009

GASWCC (Amended - 2009) 1 Instructions This model ordinance contains 19 blanks which must be filled to complete certification. All the information entered, except for blanks 7 & 8, is considered substantive and necessary for implementation and compliance. Additionally, each blank is numbered and corresponds to the below listed guide.

Page Blank# Information 3 1 Zoning Board, Council, County Commission, Official, Etc. 3 2 County or Municipality Name 3 3 County or Municipality Name (same as blank #2) 3 4 District Names – available from the State Soil and Water Conservation

Commission at : (706) 542-3065 or the link below http://gaswcc.georgia.gov/00/channel_title/0,2094,28110777_124164166,00.html 5 5 Appropriate District Name - available from the State Soil and Water Conservation Commission at: (same as blank #4) 12 6 County or Municipality Name (same as blank #2) 12 7 Office of Local Issuing Authority that processes permits 12 8 Office of Local Issuing Authority that processes permits (same as blank #7) 12 9 Number of Copies 14 10 Office of Local Issuing Authority that conducts inspections 14 11 Office of Local Issuing Authority that processes permits (same as blank #7) 17 12 Zoning Board, Council, County Commission, Official(same as blank#1) 17 13 Number of Days 17 14 County or Judicial Circuit 17 15 Day 17 16 Month 17 17 Year 17 18 Signature of Elected Official 17 19 Signature of Witness (usually clerk or record)

Upon adoption, a copy of the ordinance must be submitted for certification to the Georgia Department of Natural Resources Environmental Protection Division with an information copy to the State Soil and Water Conservation Commission at the following addresses:

Georgia Department of Natural Resources State Soil and Water Conservation Commission Environmental Protection Division Urban Program Nonpoint Source Program P.O. Box 8024 Erosion and Sediment Control Unit Athens, GA 30603 Tradeport Telephone: (706) 542-3065 4220 International Parkway, Suite 101 Atlanta, Georgia 30354 Telephone: (404) 675-6240

GASWCC (Amended – 2009)

2 Erosion and Sediment Control Inc., a Model Soil Erosion, Sedimentation corporation registered in North Carolina, which is also referred to as CPESC or And Pollution Control CPESC, Inc. Ordinance 7. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth NOW, THEREFORE, BE IT ORDAINED, below original ground surface to the BY excavated surface. Also known as (1) OF (2) excavation. 8. Department: The Georgia Department SECTION I of Natural Resources (DNR). TITLE 9. Design Professional: A professional licensed by the State of Georgia in the This ordinance will be known as “ (3) field of: engineering, architecture, Soil Erosion, Sedimentation and Pollution landscape architecture, forestry, geology, Control Ordinance.” or land surveying; or a person that is a Certified Professional in Erosion and SECTION II Sediment Control (CPESC) with a DEFINITIONS current certification by Certified Professional in Erosion and Sediment The following definitions shall apply in the Control Inc. interpretation and enforcement of this 10. Director: The Director of the ordinance, unless otherwise specifically stated: Environmental Protection Division or an authorized representative. 1. Best Management Practices (BMPs): 11. District: The (4) Soil and Water These include sound conservation and Conservation District. engineering practices to prevent and 12. Division: The Environmental Protection minimize erosion and resultant Division (EPD) of the Department of sedimentation, which are consistent with, Natural Resources. and no less stringent than, those 13. Drainage Structure: A device practices contained in the ‘Manual for composed of a virtually nonerodible Erosion and Sediment Control in material such as concrete, steel, plastic Georgia’ published by the Commission or other such material that conveys water as of January 1 of the year in which the from one place to another by intercepting land-disturbing activity was permitted. the flow and carrying it to a release point 2. Board: The Board of Natural Resources. for storm water management, drainage 3. Buffer: The area of land immediately control, or flood control purposes. adjacent to the banks of state waters in 14. Erosion: The process by which land its natural state of vegetation, which surface is worn away by the action of facilitates the protection of water quality wind, water, ice or gravity. and aquatic habitat. 15. Erosion, Sedimentation and Pollution 4. Certified Personnel: A person who has Control Plan: A plan required by the successfully completed the appropriate Erosion and Sedimentation Act, certification course approved by the O.C.G.A. Chapter 12-7, that includes, as Georgia Soil and Water Conservation a minimum protections at least as Commission. stringent as the State General Permit, 5. Commission: The Georgia Soil and best management practices, and Water Conservation Commission requirements in section IV.C. of this (GSWCC). ordinance. 6. CPESC: Certified Professional in Erosion 16. Fill: A portion of land surface to which and Sediment Control with current soil or other solid material has been certification by Certified Profession in 3 added; the depth above the original For the purposes of this paragraph, ground surface or an excavation. “plan” means an announcement; piece of 17. Final Stabilization: All soil disturbing documentation such as a sign, public activities at the site have been notice or hearing, sales pitch, completed, and that for unpaved areas advertisement, drawing, permit and areas not covered by permanent application, zoning request, or computer structures and areas located outside the design; or physical demarcation such as waste disposal limits of a landfill cell that boundary signs, lot stakes, or surveyor has been certified by EPD for waste markings, indicating that construction disposal, 100% of the soil surface is activities may occur on a specific plot. uniformly covered in permanent 23. Local Issuing Authority: The governing vegetation with a density of 70% or authority of any county or municipality greater, or equivalent permanent which is certified pursuant to subsection stabilization measures (such as the use (a) O.C.G.A. 12-7-8. of rip rap, gabions, permanent mulches 24. Metropolitan River Protection Act or geotextiles) have been used. (MRPA): A state law referenced as Permanent vegetation shall consist of: O.C.G.A. 12-5-440 et.seq. which planted trees, shrubs, perennial vines; a addresses environmental and crop of perennial vegetation appropriate developmental matters in certain for the time of year and region; or a crop metropolitan river corridors and their of annual vegetation and a seeding of drainage basins. target crop perennials appropriate for the 25. Natural Ground Surface: The ground region. Final stabilization applies to each surface in its original state before any phase of construction. grading, excavation or filling. 18. Finished Grade: The final elevation and 26. Nephelometric Turbidity Units (NTU): contour of the ground after cutting or Numerical units of measure based upon filling and conforming to the proposed photometric analytical techniques for design. measuring the light scattered by finely 19. Grading: Altering the shape of ground divided particles of a substance in surfaces to a predetermined condition; suspension. This technique is used to this includes stripping, cutting, filling, estimate the extent of turbidity in water in stockpiling and shaping or any which colloidally dispersed or suspended combination thereof and shall include the particles are present. land in its cut or filled condition. 27. NOI: A Notice of Intent form provided by 20. Ground Elevation: The original EPD for coverage under the State elevation of the ground surface prior to General Permit. cutting or filling. 28. NOT: A Notice of Termination form 21. Land-Disturbing Activity: Any activity provided by EPD to terminate coverage which may result in soil erosion from under the State General Permit. water or wind and the movement of 29. Operator: The party or parties that have: sediments into state waters or onto lands (A) operational control of construction within the state, including, but not limited project plans and specifications, to, clearing, dredging, grading, including the ability to make excavating, transporting, and filling of modifications to those plans and land but not including agricultural specifications; or (B) day-to-day practices as described in Section III, operational control of those activities that Paragraph 5. are necessary to ensure compliance with 22. Larger Common Plan of Development an erosion, sedimentation and pollution or Sale: A contiguous area where control plan for the site or other permit multiple separate and distinct conditions, such as a person authorized construction activities are occurring to direct workers at a site to carry out under one plan of development or sale. activities required by the erosion,

4 sedimentation and pollution control plan 37. Sediment: Solid material, both organic or to comply with other permit conditions. and inorganic, that is in suspension, is 30. Outfall: The location where storm water being transported, or has been moved in a discernible, confined and discrete from its site of origin by wind, water, ice, conveyance, leaves a facility or site or, if or gravity as a product of erosion. there is a receiving water on site, 38. Sedimentation: The process by which becomes a point source discharging into eroded material is transported and that receiving water. deposited by the action of water, wind, 31. Permit: The authorization necessary to ice or gravity. conduct a land-disturbing activity under 39. Soil and Water Conservation District the provisions of this ordinance. Approved Plan: An erosion, 32. Person: Any individual, partnership, firm, sedimentation and pollution control plan association, joint venture, public or approved in writing by the (5) private corporation, trust, estate, Soil and Water Conservation District. commission, board, public or private 40. Stabilization: The process of institution, utility, cooperative, state establishing an enduring soil cover of agency, municipality or other political vegetation by the installation of subdivision of the State of Georgia, any temporary or permanent structures for interstate body or any other legal entity. the purpose of reducing to a minimum 33. Phase or Phased: Sub-parts or the erosion process and the resultant segments of construction projects where transport of sediment by wind, water, ice the sub-part or segment is constructed or gravity. and stabilized prior to completing 41. State General Permit: The National construction activities on the entire Pollution Discharge Elimination System construction site. (NPDES) general permit or permits for 34. Project: The entire proposed storm water runoff from construction development project regardless of the activities as is now in effect or as may be size of the area of land to be disturbed. amended or reissued in the future 35. Properly Designed: Designed in pursuant to the state’s authority to accordance with the design requirements implement the same through federal and specifications contained in the delegation under the Federal Water “Manual for Erosion and Sediment Pollution Control Act, as amended, 33 Control in Georgia” (Manual) published U.S.C. Section 1251, et seq., and by the Georgia Soil and Water subsection (f) of Code Section 12-5-30. Conservation Commission as of January 42. State Waters: Any and all rivers, 1 of the year in which the land-disturbing streams, creeks, branches, lakes, activity was permitted and amendments reservoirs, ponds, drainage systems, to the Manual as approved by the springs, wells, and other bodies of Commission up until the date of NOI surface or subsurface water, natural or submittal. artificial, lying within or forming a part of 36. Roadway Drainage Structure: A device the boundaries of Georgia which are not such as a bridge, culvert, or ditch, entirely confined and retained completely composed of a virtually nonerodible upon the property of a single individual, material such as concrete, steel, plastic, partnership, or corporation. or other such material that conveys water 43. Structural Erosion, Sedimentation and under a roadway by intercepting the flow Pollution Control Practices: Practices on one side of a traveled roadway for the stabilization of erodible or consisting of one or more defined lanes, sediment-producing areas by utilizing the with or without shoulder areas, and mechanical properties of matter for the carrying water to a release point on the purpose of either changing the surface of other side. the land or storing, regulating or disposing of runoff to prevent excessive

5 sediment loss. Examples of structural any area adjacent thereto subject to erosion and sediment control practices inundation by reason of overflow or are riprap, sediment basins, dikes, level floodwater. spreaders, waterways or outlets, 47. Wetlands: Those areas that are diversions, grade stabilization structures inundated or saturated by surface or and sediment traps, etc. Such practices ground water at a frequency and duration can be found in the publication Manual sufficient to support, and that under for Erosion and Sediment Control in normal circumstances do support a Georgia. prevalence of vegetation typically 44. Trout Streams: All streams or portions adapted for life in saturated soil of streams within the watershed as conditions. Wetlands generally include designated by the Wildlife Resources swamps, marshes, bogs, and similar Division of the Georgia Department of areas. Natural Resources under the provisions of the Georgia Water Quality Control Act, SECTION III O.C.G.A. 12-5-20, in the rules and EXEMPTIONS regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. This ordinance shall apply to any land- Streams designated as primary trout disturbing activity undertaken by any person on waters are defined as water supporting a any land except for the following self- sustaining population of rainbow, 1. Surface mining, as the same is brown or brook trout. Streams defined in O.C.G.A. 12-4-72, "The designated as secondary trout waters Georgia Surface Mining Act of 1968". are those in which there is no evidence 2. Granite quarrying and land clearing of natural trout reproduction, but are for such quarrying; capable of supporting trout throughout 3. Such minor land-disturbing activities as the year. First order trout waters are home gardens and individual home streams into which no other streams flow landscaping, repairs, maintenance work, except springs. fences, and other related activities which 45. Vegetative Erosion and Sedimentation result in minor soil erosion; Control Measures: Measures for the 4. The construction of single-family stabilization of erodible or sediment- residences, when such construction producing areas by covering the soil disturbs less than one (1) acre and is not with: a part of a larger common plan of a. Permanent seeding, sprigging or development or sale with a planned planting, producing long-term disturbance of equal to or greater than vegetative cover, or one (1) acre and not otherwise exempted b. Temporary seeding, producing under this paragraph; provided, however, short-term vegetative cover; or that construction of any such residence c. Sodding, covering areas with a shall conform to the minimum turf of perennial sod-forming requirements as set forth in O.C.G.A. 12- grass. 7-6 and this paragraph. For single-family Such measures can be found in the residence construction covered by the publication Manual for Erosion and provisions of this paragraph, there shall Sediment Control in Georgia. be a buffer zone between the residence 46. Watercourse: Any natural or artificial and any state waters classified as trout watercourse, stream, river, creek, streams pursuant to Article 2 of Chapter channel, ditch, canal, conduit, culvert, 5 of the Georgia Water Quality Control drain, waterway, gully, ravine, or wash in Act. In any such buffer zone, no land- which water flows either continuously or disturbing activity shall be constructed intermittently and which has a definite between the residence and the point channel, bed and banks, and including where vegetation has been wrested by

6 normal stream flow or wave action from Resources Conservation Service (NRCS) the banks of the trout waters. For of the United States Department of primary trout waters, the buffer zone shall Agriculture; be at least 50 horizontal feet, and no 8. Any project involving less than one variance to a smaller buffer shall be (1) acre of disturbed area; provided, granted. For secondary trout waters, the however, that this exemption shall not buffer zone shall be at least 50 horizontal apply to any land-disturbing activity within feet, but the Director may grant variances a larger common plan of development or to no less than 25 feet. Regardless of sale with a planned disturbance of equal whether a trout stream is primary or to or greater than one (1) acre or within secondary, for first order trout waters, 200 feet of the bank of any state waters, which are streams into which no other and for purposes of this paragraph, streams flow except for springs, the “State Waters” excludes channels and buffer shall be at least 25 horizontal feet, drainage ways which have water in them and no variance to a smaller buffer shall only during and immediately after rainfall be granted. The minimum requirements events and intermittent streams which do of subsection (b) of O.C.G.A. 12-7-6 and not have water in them year-round; the buffer zones provided by this provided, however, that any person paragraph shall be enforced by the Local responsible for a project which involves Issuing Authority; less than one (1) acre, which involves 5. Agricultural operations as defined in land-disturbing activity, and which is O.C.G.A. 1-3-3, "definitions", to include within 200 feet of any such excluded raising, harvesting or storing of products channel or drainage way, must prevent of the field or orchard; feeding, breeding sediment from moving beyond the or managing livestock or poultry; boundaries of the property on which such producing or storing feed for use in the project is located and provided, further, production of livestock, including but not that nothing contained herein shall limited to cattle, calves, swine, hogs, prevent the Local Issuing Authority from goats, sheep, and rabbits or for use in regulating any such project which is not the production of poultry, including but specifically exempted by paragraphs 1, 2, not limited to chickens, hens and turkeys; 3, 4, 5, 6, 7, 9 or 10 of this section; producing plants, trees, fowl, or animals; 9. Construction or maintenance the production of aqua culture, projects, or both, undertaken or financed horticultural, dairy, livestock, poultry, in whole or in part, or both, by the eggs and apiarian products; farm Department of Transportation, the buildings and farm ponds; Georgia Highway Authority, or the State 6. Forestry land management Road and Tollway Authority; or any road practices, including harvesting; provided, construction or maintenance project, or however, that when such exempt forestry both, undertaken by any county or practices cause or result in land- municipality; provided, however, that disturbing or other activities otherwise construction or maintenance projects of prohibited in a buffer, as established in the Department of Transportation or the paragraphs (15) and (16) of Section IV C. State Road and Tollway Authority which of this ordinance, no other land-disturbing disturb one or more contiguous acres of activities, except for normal forest land shall be subject to provisions of management practices, shall be allowed O.C.G.A. 12-7-7.1; except where the on the entire property upon which the Department of Transportation, the forestry practices were conducted for a Georgia Highway Authority, or the State period of three (3) years after completion Road and Tollway Authority is a of such forestry practices; secondary permittee for a project located 7. Any project carried out under the within a larger common plan of technical supervision of the Natural development or sale under the state

7 general permit, in which case a copy of a notice of intent under the state general A. GENERAL PROVISIONS permit shall be submitted to the Local Excessive soil erosion and resulting Issuing Authority, the Local Issuing sedimentation can take place during land- Authority shall enforce compliance with disturbing activities if requirements of the the minimum requirements set forth in ordinance and the NPDES General Permit O.C.G.A. 12-7-6 as if a permit had been are not met. Therefore, plans for those issued, and violations shall be subject to land-disturbing activities which are not the same penalties as violations by exempted by this ordinance shall contain permit holders; provisions for application of soil erosion, 10. Any land-disturbing activities sedimentation and pollution control conducted by any electric membership measures and practices. The provisions corporation or municipal electrical system shall be incorporated into the erosion, or any public utility under the regulatory sedimentation and pollution control plans. jurisdiction of the Public Service Soil erosion, sedimentation and pollution Commission, any utility under the control measures and practices shall regulatory jurisdiction of the Federal conform to the minimum requirements of Energy Regulatory Commission, any Section IV B. & C. of this ordinance. The cable television system as defined in application of measures and practices shall O.C.G.A. 36-18-1, or any agency or apply to all features of the site, including instrumentality of the United States street and utility installations, drainage engaged in the generation, transmission, facilities and other temporary and or distribution of power; except where an permanent improvements. Measures shall electric membership corporation or be installed to prevent or control erosion, municipal electrical system or any public sedimentation and pollution during all utility under the regulatory jurisdiction of stages of any land-disturbing activity in the Public Service Commission, any accordance with requirements of this utility under the regulatory jurisdiction of ordinance and the NPDES General Permit. the Federal Energy Regulatory Commission, any cable television system B. MINIMUM REQUIREMENTS/ BMPs as defined in O.C.G.A. 36-18-1, or any 1. Best management practices as set forth agency or instrumentality of the United in Section IV B. & C. of this ordinance states engaged in the generation, shall be required for all land-disturbing transmission, or distribution of power is a activities. Proper design, installation, secondary permittee for a project located and maintenance of best management within a larger common plan of practices shall constitute a complete development or sale under the state defense to any action by the Director or general permit, in which case the Local to any other allegation of noncompliance Issuing Authority shall enforce with paragraph (2) of this subsection or compliance with the minimum any substantially similar terms contained requirements set forth in O.C.G.A. 12-7-6 in a permit for the discharge of storm as if a permit had been issued, and water issued pursuant to subsection (f) violations shall be subject to the same of O.C.G.A. 12-5-30, the "Georgia Water penalties as violations by permit holders; Quality Control Act". As used in this and subsection the terms "proper design” 11. Any public water system reservoir. and “properly designed” mean designed in accordance with the hydraulic design SECTION IV specifications contained in the “Manual MINIMUM REQUIREMENTS FOR for Erosion and Sediment Control in EROSION, SEDIMENTATION AND Georgia” specified in O.C.G.A. 12-7-6 POLLUTION CONTROL USING BEST subsection (b). MANAGEMENT PRACTICES 8 2. A discharge of storm water runoff from minimum, protections at least as stringent disturbed areas where best as the state general permit; and best management practices have not been management practices, including sound properly designed, installed, and conservation and engineering practices to maintained shall constitute a separate prevent and minimize erosion and resultant violation of any land-disturbing permit sedimentation, which are consistent with, issued by a local Issuing Authority or of and no less stringent than, those practices any state general permit issued by the contained in the Manual for Erosion and Division pursuant to subsection (f) of Sediment Control in Georgia published by O.C.G.A. 12-5-30, the "Georgia Water the Georgia Soil and Water Conservation Quality Control Act", for each day on Commission as of January 1 of the year in which such discharge results in the which the land-disturbing activity was turbidity of receiving waters being permitted, as well as the following: increased by more than twenty-five (25) 1. Stripping of vegetation, regrading and nephelometric turbidity units for waters other development activities shall be supporting warm water fisheries or by conducted in a manner so as to more than ten (10) nephelometric minimize erosion; turbidity units for waters classified as 2. Cut-fill operations must be kept to a trout waters. The turbidity of the minimum; receiving waters shall be measured in 3. Development plans must conform to accordance with guidelines to be issued topography and soil type so as to create by the Director. This paragraph shall the lowest practicable erosion potential; not apply to any land disturbance 4. Whenever feasible, natural vegetation associated with the construction of shall be retained, protected and single family homes which are not part supplemented; of a larger common plan of development 5. The disturbed area and the duration of or sale unless the planned disturbance exposure to erosive elements shall be for such construction is equal to or kept to a practicable minimum; greater than five (5) acres. 6. Disturbed soil shall be stabilized as 3. Failure to properly design, install, or quickly as practicable; maintain best management practices 7. Temporary vegetation or mulching shall shall constitute a violation of any land- be employed to protect exposed critical disturbing permit issued by a Local areas during development; Issuing Authority or of any state general 8. Permanent vegetation and structural permit issued by the Division pursuant erosion control practices shall be to subsection (f) of Code Section 12-5- installed as soon as practicable; 30, the "Georgia Water Quality Control 9. To the extent necessary, sediment in Act", for each day on which such failure run-off water must be trapped by the occurs. use of debris basins, sediment basins, 4. The Director may require, in accordance silt traps, or similar measures until the with regulations adopted by the Board, disturbed area is stabilized. As used in reasonable and prudent monitoring of this paragraph, a disturbed area is the turbidity level of receiving waters stabilized when it is brought to a into which discharges from land condition of continuous compliance with disturbing activities occur. the requirements of O.C.G.A. 12-7-1 et. 5. The LIA may set more stringent buffer seq.; requirements than stated in C.15. and 10. Adequate provisions must be provided 16., in light of O.C.G.A. § 12-7-6 (c). to minimize damage from surface water C. The rules and regulations, ordinances, or to the cut face of excavations or the resolutions adopted pursuant to O.C.G.A. sloping of fills; 12-7-1 et. seq. for the purpose of governing 11. Cuts and fills may not endanger land-disturbing activities shall require, as a adjoining property;

9 12. Fills may not encroach upon natural a variance is granted by the Director as watercourses or constructed channels in provided in this paragraph. The a manner so as to adversely affect other following requirements shall apply to property owners; any such buffer: 13. Grading equipment must cross flowing a. No land-disturbing activities shall be streams by means of bridges or culverts conducted within a buffer and a except when such methods are not buffer shall remain in its natural, feasible, provided, in any case, that undisturbed state of vegetation until such crossings are kept to a minimum; all land-disturbing activities on the 14. Land-disturbing activity plans for construction site are completed. erosion, sedimentation and pollution Once the final stabilization of the control shall include provisions for site is achieved, a buffer may be treatment or control of any source of thinned or trimmed of vegetation as sediments and adequate sedimentation long as a protective vegetative control facilities to retain sediments on- cover remains to protect water site or preclude sedimentation of quality and aquatic habitat and a adjacent waters beyond the levels natural canopy is left in sufficient specified in Section IV B. 2. of this quantity to keep shade on the ordinance; stream bed; provided, however, that 15. Except as provided in paragraph (16) of any person constructing a single- this subsection, there is established a family residence, when such 25 foot buffer along the banks of all residence is constructed by or state waters, as measured horizontally under contract with the owner for from the point where vegetation has his or her own occupancy, may thin been wrested by normal stream flow or or trim vegetation in a buffer at any wave action, except where the Director time as long as protective determines to allow a variance that is at vegetative cover remains to protect least as protective of natural resources water quality and aquatic habitat and the environment, where otherwise and a natural canopy is left in allowed by the Director pursuant to sufficient quantity to keep shade on O.C.G.A. 12-2-8, where a drainage the stream bed; and structure or a roadway drainage b. The buffer shall not apply to the structure must be constructed, provided following land-disturbing activities, that adequate erosion control measures provided that they occur at an are incorporated in the project plans and angle, as measured from the point specifications, and are implemented; or of crossing, within 25 degrees of along any ephemeral stream. As used in perpendicular to the stream; cause this provision, the term 'ephemeral a width of disturbance of not more stream' means a stream: that under than 50 feet within the buffer; and normal circumstances has water flowing adequate erosion control measures only during and for a short duration after are incorporated into the project precipitation events; that has the plans and specifications and are channel located above the ground-water implemented: (i) Stream crossings table year round; for which ground water for water lines; or (ii) Stream is not a source of water; and for which crossings for sewer lines; and runoff from precipitation is the primary 16. There is established a 50 foot buffer as source of water flow, Unless exempted measured horizontally from the point as along an ephemeral stream, the where vegetation has been wrested by buffers of at least 25 feet established normal stream flow or wave action, pursuant to part 6 of Article 5, Chapter 5 along the banks of any state waters of Title 12, the "Georgia Water Quality classified as "trout streams" pursuant to Control Act", shall remain in force unless Article 2 of Chapter 5 of Title 12, the

10 “Georgia Water Quality Control Act", b. The buffer shall not apply to the except where a roadway drainage following land-disturbing activities, structure must be constructed ; provided that they occur at an provided, however, that small springs angle, as measured from the point and streams classified as trout streams of crossing, within 25 degrees of which discharge an average annual flow perpendicular to the stream; cause of 25 gallons per minute or less shall a width of disturbance of not more have a 25 foot buffer or they may be than 50 feet within the buffer; and piped, at the discretion of the adequate erosion control measures landowner, pursuant to the terms of a are incorporated into the project rule providing for a general variance plans and specifications and are promulgated by the Board, so long as implemented: (i) Stream crossings any such pipe stops short of the for water lines; or (ii) Stream downstream landowner’s property and crossings for sewer lines. the landowner complies with the buffer D. Nothing contained in O.C.G.A. 12-7-1 et. requirement for any adjacent trout seq. shall prevent any Local Issuing streams. The Director may grant a Authority from adopting rules and variance from such buffer to allow land- regulations, ordinances, or resolutions disturbing activity, provided that which contain stream buffer requirements adequate erosion control measures are that exceed the minimum requirements in incorporated in the project plans and Section IV B. & C. of this ordinance. specifications and are implemented. The E. The fact that land-disturbing activity for following requirements shall apply to which a permit has been issued results in such buffer: injury to the property of another shall neither a. No land-disturbing activities shall be constitute proof of nor create a presumption conducted within a buffer and a of a violation of the standards provided for buffer shall remain in its natural, in undisturbed, state of vegetation this ordinance or the terms of the permit. until all land-disturbing activities on the construction site are completed. SECTION V Once the final stabilization of the APPLICATION/PERMIT site is achieved, a buffer may be PROCESS thinned or trimmed of vegetation as long as a protective vegetative A. GENERAL cover remains to protect water The property owner, developer and quality and aquatic habitat and a designated planners and engineers shall natural canopy is left in sufficient design and review before submittal the quantity to keep shade on the general development plans. The Local stream bed: provided, however, that Issuing Authority shall review the tract to any person constructing a single– be developed and the area surrounding it. family residence, when such They shall consult the zoning ordinance, residence is constructed by or storm water management ordinance, under contract with the owner for subdivision ordinance, flood damage his or her own occupancy, may thin prevention ordinance, this ordinance, and or trim vegetation in a buffer at any any other ordinances, rules, regulations or time as long as protective permits, which regulate the development of vegetative cover remains to protect land within the jurisdictional boundaries of water quality and aquatic habitat the Local Issuing Authority. However, the and a natural canopy is left in owner and/or operator are the only parties sufficient quantity to keep shade on who may obtain a permit. the stream bed; and B. APPLICATION REQUIREMENTS 11 1. No person shall conduct any land- full to the Division, regardless of the disturbing activity within the jurisdictional existence of a Local Issuing Authority in boundaries of (6) without first the jurisdiction. obtaining a permit from the 4. Immediately upon receipt of an (7) to perform such activity application and plan for a permit, the and providing a copy of Notice of Intent Local Issuing Authority shall refer the submitted to EPD if applicable. application and plan to the District for its 2. The application for a permit shall be review and approval or disapproval submitted to the (8) and must concerning the adequacy of the erosion, include the applicant’s erosion, sedimentation and pollution control plan. sedimentation and pollution control plan The District shall approve or disapprove with supporting data, as necessary. a plan within 35 days of receipt. Failure Said plans shall include, as a minimum, of the District to act within 35 days shall the data specified in Section V C. of this be considered an approval of the ordinance. Erosion, sedimentation and pending plan. The results of the District pollution control plans, together with review shall be forwarded to the Local supporting data, must demonstrate Issuing Authority. No permit will be affirmatively that the land disturbing issued unless the plan has been activity proposed will be carried out in approved by the District, and any such a manner that the provisions of variances required by Section IV C. 15. Section IV B. & C. of this ordinance will & 16. has been obtained, all fees have be met. Applications for a permit will not been paid, and bonding, if required as be accepted unless accompanied by per Section V B.6., have been obtained. (9) copies of the applicant’s Such review will not be required if the erosion, sedimentation and pollution Local Issuing Authority and the District control plans. All applications shall have entered into an agreement which contain a certification stating that the allows the Local Issuing Authority to plan preparer or the designee thereof conduct such review and approval of the visited the site prior to creation of the plan without referring the application plan in accordance with EPD Rule 391- and plan to the District. The Local 3-7-.10. Issuing Authority with plan review 3. In addition to the local permitting fees, authority shall approve or disapprove a fees will also be assessed pursuant to revised Plan submittal within 35 days of paragraph (5) subsection (a) of receipt. Failure of the Local Issuing O.C.G.A. 12-5-23, provided that such Authority with plan review authority to fees shall not exceed $80.00 per acre of act within 35 days shall be considered land-disturbing activity, and these fees an approval of the revised Plan shall be calculated and paid by the submittal. primary permittee as defined in the state 5. If a permit applicant has had two or general permit for each acre of land- more violations of previous permits, this disturbing activity included in the ordinance section, or the Erosion and planned development or each phase of Sedimentation Act, as amended, within development. All applicable fees shall three years prior to the date of filing the be paid prior to issuance of the land application under consideration, the disturbance permit. In a jurisdiction that Local Issuing Authority may deny the is certified pursuant to subsection (a) of permit application. O.C.G.A. 12-7-8 half of such fees levied 6. The Local Issuing Authority may require shall be submitted to the Division; the permit applicant to post a bond in except that any and all fees due from an the form of government security, cash, entity which is required to give notice irrevocable letter of credit, or any pursuant to paragraph (9) or (10) of combination thereof up to, but not O.C.G.A. 12-7-17 shall be submitted in exceeding, $3,000.00 per acre or

12 fraction thereof of the proposed land- 2. Data Required for Site Plan shall include disturbing activity, prior to issuing the all the information required from the permit. If the applicant does not comply appropriate Erosion, Sedimentation and with this section or with the conditions of Pollution Control Plan Review Checklist the permit after issuance, the Local established by the Commission as of Issuing Authority may call the bond or January 1 of the year in which the land- any part thereof to be forfeited and may disturbing activity was permitted. use the proceeds to hire a contractor to D. PERMITS stabilize the site of the land-disturbing 1. Permits shall be issued or denied as activity and bring it into compliance. soon as practicable but in any event not These provisions shall not apply unless later than forty-five (45) days after there is in effect an ordinance or statute receipt by the Local Issuing Authority of specifically providing for hearing and a completed application, providing judicial review of any determination or variances and bonding are obtained, order of the Local Issuing Authority with where necessary and all applicable fees respect to alleged permit violations. have been paid prior to permit issuance. The permit shall include conditions C. PLAN REQUIREMENTS under which the activity may be 1. Plans must be prepared to meet the undertaken. minimum requirements as contained in 2. No permit shall be issued by the Local Section IV B. & C. of this ordinance, or Issuing Authority unless the erosion, through the use of more stringent, sedimentation and pollution control plan alternate design criteria which conform has been approved by the District and to sound conservation and engineering the Local Issuing Authority has practices. The Manual for Erosion and affirmatively determined that the plan is Sediment Control in Georgia is hereby in compliance with this ordinance, any incorporated by reference into this variances required by Section IV C. 15. ordinance. The plan for the land- & 16. are obtained, bonding disturbing activity shall consider the requirements, if necessary, as per interrelationship of the soil types, Section V B. 6. are met and all geological and hydrological ordinances and rules and regulations in characteristics, topography, watershed, effect within the jurisdictional boundaries vegetation, proposed permanent of the Local Issuing Authority are met. If structures including roadways, the permit is denied, the reason for constructed waterways, sediment denial shall be furnished to the control and storm water management applicant. facilities, local ordinances and State 3. Any land-disturbing activities by a local laws. Maps, drawings and supportive issuing authority shall be subject to the computations shall bear the signature same requirements of this ordinance, and seal of the certified design and any other ordinances relating to professional. Persons involved in land land development, as are applied to development design, review, permitting, private persons and the division shall construction, monitoring, or inspections enforce such requirements upon the or any land disturbing activity shall meet local issuing authority. the education and training certification 4. If the tract is to be developed in phases, requirements, dependent on his or her then a separate permit shall be required level of involvement with the process, as for each phase. developed by the Commission and in 5. The permit may be suspended, revoked, consultation with the Division and the or modified by the Local Issuing Stakeholder Advisory Board created Authority, as to all or any portion of the pursuant to O.C.G.A. 12-7-20. land affected by the plan, upon finding that the holder or his successor in the

13 title is not in compliance with the written notice to comply shall be served approved erosion and sedimentation upon that person. The notice shall set forth control plan or that the holder or his the measures necessary to achieve successor in title is in violation of this compliance and shall state the time within ordinance. A holder of a permit shall which such measures must be completed. notify any successor in title to him as to If the person engaged in the land-disturbing all or any portion of the land affected by activity fails to comply within the time the approved plan of the conditions specified, he shall be deemed in violation of contained in the permit. this ordinance. 6. The LIA may reject a permit application B. The Local Issuing Authority must amend its if the applicant has had two or more ordinances to the extent appropriate within violations of previous permits or the twelve (12) months of any amendments to Erosion and Sedimentation Act permit the Erosion and Sedimentation Act of 1975. requirements within three years prior to C. The (11) shall have the power to the date of the application, in light of conduct such investigations as it may O.C.G.A. 12-7-7 (f) (1). reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. SECTION VI D. No person shall refuse entry or access to any authorized representative or agent of INSPECTION AND ENFORCEMENT the Local Issuing Authority, the

Commission, the District, or Division who A. The (10) will periodically inspect requests entry for the purposes of the sites of land-disturbing activities for inspection, and who presents appropriate which permits have been issued to credentials, nor shall any person obstruct, determine if the activities are being hamper or interfere with any such conducted in accordance with the plan and representative while in the process of if the measures required in the plan are carrying out his official duties. effective in controlling erosion and E. The District or the Commission or both shall sedimentation. Also, the Local Issuing semi-annually review the actions of counties Authority shall regulate primary, secondary and municipalities which have been certified and tertiary permittees as such terms are as Local Issuing Authorities pursuant to defined in the state general permit. Primary O.C.G.A. 12-7-8 (a). The District or the permittees shall be responsible for Commission or both may provide technical installation and maintenance of best assistance to any county or municipality for management practices where the primary the purpose of improving the effectiveness permittee is conducting land-disturbing of the county’s or municipality’s erosion, activities. Secondary permittees shall be sedimentation and pollution control responsible for installation and maintenance program. The District or the Commission of best management practices where the shall notify the Division and request secondary permittee is conducting land- investigation by the Division if any deficient disturbing activities. Tertiary permittees or ineffective local program is found. shall be responsible for installation and F. The Division may periodically review the maintenance where the tertiary permittee is actions of counties and municipalities which conducting land-disturbing activities. If, have been certified as Local Issuing through inspection, it is deemed that a Authorities pursuant to Code Section 12-7-8 person engaged in land-disturbing activities (a). Such review may include, but shall not as defined herein has failed to comply with be limited to, review of the administration the approved plan, with permit conditions, or and enforcement of a governing authority’s with the provisions of this ordinance, a 14 ordinance and review of conformance with threat to public health or waters of the an agreement, if any, between the district state or if the land-disturbing activities and the governing authority. If such review are conducted without obtaining the indicates that the governing authority of any necessary permit, the Director or the county or municipality certified pursuant to Local Issuing Authority shall issue an O.C.G.A. 12-7-8 (a) has not administered or immediate stop-work order in lieu of a enforced its ordinances or has not warning; conducted the program in accordance with 2. For a third and each subsequent any agreement entered into pursuant to violation, the Director or the Local O.C.G.A. 12-7-7 (e), the Division shall notify Issuing Authority shall issue an the governing authority of the county or immediate stop-work order; and; municipality in writing. The governing 3. All stop-work orders shall be effective authority of any county or municipality so immediately upon issuance and shall be notified shall have 90 days within which to in effect until the necessary corrective take the necessary corrective action to action or mitigation has occurred. retain certification as a Local Issuing 4. When a violation in the form of taking Authority. If the county or municipality does action without a permit, failure to not take necessary corrective action within maintain a stream buffer, or significant 90 days after notification by the division, the amounts of sediment, as determined by division shall revoke the certification of the the Local Issuing Authority or by the county or municipality as a Local Issuing Director or his or her Designee, have Authority. been or are being discharged into state waters and where best management SECTION VII practices have not been properly PENALTIES AND INCENTIVES designed, installed, and maintained, a stop work order shall be issued by the A. FAILURE TO OBTAIN A PERMIT FOR Local Issuing Authority or by the LAND-DISTURBING ACTIVITY Director or his or her Designee. All such stop work orders shall be effective If any person commences any land- immediately upon issuance and shall be disturbing activity requiring a land-disturbing in effect until the necessary corrective permit as prescribed in this ordinance action or mitigation has occurred. Such without first obtaining said permit, the stop work orders shall apply to all land- person shall be subject to revocation of his disturbing activity on the site with the business license, work permit or other exception of the installation and authorization for the conduct of a business maintenance of temporary or permanent and associated work activities within the erosion and sediment controls. jurisdictional boundaries of the Local Issuing C. BOND FORFEITURE Authority. If, through inspection, it is determined B. STOP-WORK ORDERS that a person engaged in land-disturbing 1. For the first and second violations of the activities has failed to comply with the provisions of this ordinance, the Director approved plan, a written notice to or the Local Issuing Authority shall issue comply shall be served upon that a written warning to the violator. The person. The notice shall set forth the violator shall have five days to correct measures necessary to achieve the violation. If the violation is not compliance with the plan and shall state corrected within five days, the Director the time within which such measures or the Local Issuing Authority shall issue must be completed. If the person a stop-work order requiring that land- engaged in the land-disturbing activity disturbing activities be stopped until fails to comply within the time specified, necessary corrective action or mitigation he shall be deemed in violation of this has occurred; provided, however, that, if ordinance and, in addition to other the violation presents an imminent 15 penalties, shall be deemed to have and the stakeholder advisory board created forfeited his performance bond, if pursuant to O.C.G.A. 12-7-20. required to post one under the B. For each site on which land-disturbing provisions of Section V B. 6. The Local activity occurs, each entity or person acting Issuing Authority may call the bond or as either a primary, secondary, or tertiary any part thereof to be forfeited and may permittee, as defined in the state general use the proceeds to hire a contractor to permit, shall have as a minimum one person stabilize the site of the land-disturbing who is in responsible charge of erosion and activity and bring it into compliance. sedimentation control activities on behalf of D. MONETARY PENALTIES said entity or person and meets the 1. Any person who violates any provisions applicable education or training certification of this ordinance, or any permit requirements developed by the Commission condition or limitation established present on site whenever land-disturbing pursuant to this ordinance, or who activities are conducted on that site. A negligently or intentionally fails or project site shall herein be defined as any refuses to comply with any final or land-disturbance site or multiple sites within emergency order of the Director issued a larger common plan of development or as provided in this ordinance shall be sale permitted by an owner or operator for liable for a civil penalty not to exceed compliance with the state general permit. $2,500.00 per day. For the purpose of C. Persons or entities involved in projects not enforcing the provisions of this requiring a state general permit but ordinance, notwithstanding any otherwise requiring certified personnel on provisions in any City charter to the site may contract with certified persons to contrary, municipal courts shall be meet the requirements of this ordinance. authorized to impose penalty not to D. If a state general permittee who has exceed $2,500.00 for each violation. operational control of land-disturbing Notwithstanding any limitation of law as activities for a site has met the certification to penalties which can be assessed for requirements of paragraph (1) of subsection violations of county ordinances, any (b) of O.C.G.A. 12-7-19, then any person or magistrate court or any other court of entity involved in land-disturbing activity at competent jurisdiction trying cases that site and operating in a subcontractor brought as violations of this ordinance capacity for such permittee shall meet those under county ordinances approved educational requirements specified in under this ordinance shall be authorized paragraph (4) of subsection (b) of O.C.G.A to impose penalties for such violations 12-7-19 and shall not be required to meet not to exceed $2,500.00 for each any educational requirements that exceed violation. Each day during which those specified in said paragraph. violation or failure or refusal to comply continues shall be a separate violation. SECTION IX ADMINISTRATIVE APPEAL SECTION VIII JUDICIAL REVIEW EDUCATION AND CERTIFICATION A. ADMINISTRATIVE REMEDIES The suspension, revocation, modification or A. Persons involved in land development grant with condition of a permit by the Local design, review, permitting, construction, Issuing Authority upon finding that the monitoring, or inspection or any land- holder is not in compliance with the disturbing activity shall meet the education approved erosion, sediment and pollution and training certification requirements, control plan; or that the holder is in violation dependent on their level of involvement with of permit conditions; or that the holder is in the process, as developed by the violation of any ordinance; shall entitle the commission in consultation with the division person submitting the plan or holding the 16 permit to a hearing before the (12) or pollute any Waters of the State as within defined thereby. (13) days after receipt by the Local Issuing Authority of written notice of appeal. ATTEST: B. JUDICIAL REVIEW Any person, aggrieved by a decision or (18) order of the Local Issuing Authority, after Signature exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of (19) (14) . Signature

SECTION X EFFECTIVITY, VALIDITY AND LIABILITY

A. EFFECTIVITY This ordinance shall become effective on the (15) day of (16) , 20 (17) . B. VALIDITY If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. LIABILITY 1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Local Issuing Authority or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. 3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder 17