Ga. Comp. R. & Regs. R. 391-3-7-.09 - Local Issuing Authorities

(1) Criteria for Certification of Municipalities or Counties as Local Issuing Authorities.

(A) Municipality or county has adopted an ordinance which demonstrates compliance with the provisions in Title 12, Chapter 7 of the Official Code of Georgia and related regulation.

(B) Municipality or county has inspection personnel, who are or will be qualified personnel (within 6 months of date of hire) in erosion and sediment control.

(C) Required Documentation. A municipality or county shall provide all of the following documentation to the Division:

1. A letter from the municipality or county requesting certification as a Local Issuing Authority.

2. A listing of the number of inspectors employed by the municipality or county that will be responsible for land disturbance activity inspections and documentation of the training for each inspector.

3. Documentation of the geographic size of the jurisdiction.

4. Documentation of the estimated workload and inspection frequency schedule for the inspectors.

5. A copy of the ordinance which demonstrates compliance with the provisions in Title 12, Chapter 7 of the Official Code of Georgia.

(D) The Division shall provide written notification to the municipality or county of the Director's decision no later than 60 days after receipt of request for certification. In the case of a denial of local issuing authority certification, the Division shall explain the deficiencies causing the denial. The denial of certification by the Division shall not preclude a municipality or county from making any subsequent application for certification.

(2) Criteria for Certification of Water Authorities or Water and Sewer Authorities as Local Issuing Authorities.

(A) Each municipality or county that is served by that water authority or water and sewer authority must be a certified Local Issuing Authority.

(B) The ordinances adopted by each municipality or county that is served by that water authority or water and sewer authority must be in compliance with the provisions of Title 12, Chapter 7 of the Official Code of Georgia and related regulations as of the date of the application by the water authority or water and sewer authority for certification as a Local Issuing Authority or, following application, the water authority or water and sewer authority must provide documentation to the Division of the same before such water authority or water and sewer authority may be certified as a Local Issuing Authority.

(C) Each municipality or county that is served by that water authority or water and sewer authority must have adopted ordinances or other such local law that allows the water authority or water and sewer authority the ability to enforce directly all ordinances described in Rule 391-3-7-.09(2)(B).

(D) The water authority or water and sewer authority has inspection personnel, who are or will be qualified personnel (within 6 months of date of hire) in erosion and sediment control.

(E) Required Documentation. A water authority or water and sewer authority shall provide all of the following documentation to the Division:

1. A letter from the water authority or water and sewer authority requesting certification as a Local Issuing Authority, identifying each municipality or county that is served by that water authority or water and sewer authority, and verifying that each municipality or county that is served by that water authority or water and sewer authority has granted the same legal authority to the water authority or water and sewer authority to carry out the requirements of the provisions of Title 12, Chapter 7 of the Official Code of Georgia and related regulation.

2. A letter from each municipality or county that is served by that water authority or water and sewer authority including all of the following:

A. A statement confirming that such municipality or county has been certified as a Local Issuing Authority.

B. A statement confirming that such municipality or county intends to allow the water authority or water and sewer authority to operate solely as the Local Issuing Authority within that municipality's or county's jurisdictional boundaries.

C. A statement that such municipality or county has adopted ordinances or other local laws that grant to the water authority or water and sewer authority the ability to enforce directly all ordinances required to implement the provisions of Title 12, Chapter 7 of the Official Code of Georgia and related regulation.

3. A listing of the number of inspectors employed by the water authority or water and sewer authority that will be responsible for land disturbance activity inspections and documentation of the training for each inspector.

4. Documentation of the estimated workload and inspection frequency schedule for the inspectors.

5. A detailed boundary map for all areas in which the water authority or water and sewer authority intends to operate as a Local Issuing Authority, including but not limited to labeled street names. Such boundary map shall be provided in an electronic format that is compatible with the Division's GIS software.

6. A copy of the ordinance from each municipality or county that is served by the water authority or water and sewer authority that demonstrates compliance with the provisions in Title 12, Chapter 7 of the Official Code of Georgia and related regulation.

7. A copy of the ordinance or other local law from each municipality or county that is served by the water authority or water and sewer authority that grant to the water authority or water and sewer authority the ability to enforce directly all ordinances required to implement the provisions of Title 12, Chapter 7 of the Official Code of Georgia and related regulation.

8. A copy of the intergovernmental agreement(s) with the governing authority of each municipality or county that is served by the water authority or water and sewer authority. Such intergovernmental agreement shall:

A. Be executed by duly authorized representative(s) for each party; and

B. Specify how the municipality or county and water authority or water and sewer authority will notify one another regarding any updates to ordinances or local laws relevant to the enforcement by the water authority or water and sewer authority of ordinances required to implement the provisions of Title 12, Chapter 7 of the Official Code of Georgia and related regulation; and

C. Specify how changes to the service area of such water authority or water and sewer authority will affect which entity will act as Local Issuing Authority in the affected areas and describe a process by which any necessary updates to or amendments of relevant ordinances or local laws will be conducted; and

D. Describe in detail, with reference to and incorporation of boundary maps and customer lists as appropriate, in which areas the municipality or county will act as Local Issuing Authority and in which areas the water authority or water and sewer authority will act as Local Issuing Authority.

(F) The Division shall provide written notification to the water authority, or water and sewer authority of the Director's decision no later than 60 days after receipt of request for certification. In the case of a denial of local issuing authority certification, the Division shall explain the deficiencies causing the denial. The denial of certification by the Division shall not preclude water authority or water and sewer authority from making any subsequent application for certification.

(3) Responsibilities of Certified Local Issuing Authorities.

(A) Municipality, county, water authority, or water and sewer authority demonstrates adequate program administration, record keeping and enforcement as evidenced by:

1. Processing land disturbing activity applications, issuing permits and compliance with stream buffer variance requirements; and

2. Maintaining a list of open land disturbance permits; and

3. Conducting inspections and maintaining reports of inspections including violations; and

4. Enforcing the ordinance and keeping record of written notification of violations, stop-work orders, court actions, etc.

(B) Municipality, county, water authority, or water and sewer authority must follow a Complaint Investigation Process which:

1. Includes an investigation of the complaint by the local issuing authority within 5 business days; and

2. Includes a mechanism for referral of unresolved complaints to the Division; and

3. Includes a monthly log of complaints and inquiries, including actions taken.

(C) Municipality, county, water authority, or water and sewer authority with a Memorandum of Agreement (MOA) with the appropriate local Soil and Water Conservation District to review and approve an Erosion and Sedimentation Control Plan shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the municipality, county, water authority, or water and sewer authority to act within 35 days shall be considered an approval of the revised Plan submittal.

(D) In the event that a water authority or water and sewer authority that has been certified as a Local Issuing Authority alters the area the water authority or water and sewer authority is acting as a Local Issuing Authority from that described in the application and related boundary maps included in its application for certification, within thirty (30) days from that alteration the water authority or water and sewer authority must send to the Division an updated boundary map and, if any new or different municipalities or counties have been added, a letter like that described in Rule 391-3-7-.09(2)(E)(2) from each municipality or county and a copy of the intergovernmental agreement described in Rule 391-3-7-.09(2)(E)(8).

(4) De-certification of a Local Issuing Authority.

(A) Recommendation for De-certification Investigation. The Division shall begin an investigation for de-certification upon request with adequate documentation by the local Soil and Water Conservation District or Georgia Soil and Water Conservation Commission or on its own initiative if any of the following occurs:

1. Municipality, county, water authority, or water and sewer authority no longer has an ordinance which demonstrates compliance with the provisions in Title 12, Chapter 7 of the Official Code of Georgia; or

2. Municipality, county, water authority, or water and sewer authority no longer has inspection personnel who are or will be qualified personnel (within 6 months of date of hire) in erosion and sediment control; or

3. Municipality, county, water authority, or water and sewer authority does not utilize their Complaint Investigation Process pursuant to 391-3-7-.09(3)(B); or

4. Municipality, county, water authority, or water and sewer authority no longer has adequate program administration, record keeping and enforcement pursuant to 391-3-7-.09(3)(A).

(B) De-certification Investigation. Within 60 days of receipt of the de-certification request, the Division shall initiate an investigation by providing written notice of the recommendation for de-certification to the local issuing authority and detailing the perceived deficiencies enumerated in the recommendation. Prior to any de-certification of a local issuing authority, the Division must perform an on-site evaluation of the program.

The municipality, county, water authority, or water and sewer authority shall have 30 days in which to respond in writing to the Division and:

1. Acknowledge the noted deficiencies and agree to comply; or

2. Offer explanation of why deficiency or omission has occurred and establish a target deadline to comply; or

3. Disagree with some or all of the noted deficiencies and recommendations for improvement and request mediation between the municipality, county, water authority, or water and sewer authority and the Division.

(C) Review Local Issuing Authority Response. The Director or his/her designee will review any response received from the local issuing authority. The Director may then uphold, modify, suspend or dismiss the de-certification recommendation. The determination of the Director shall be made within 30 days from receipt of the response from the local issuing authority.

(D) Final Decision and Appeal. A determination made by the Director to uphold, modify, suspend or dismiss the de-certification is a final action of the Director and may be appealed in accordance with subsection (c) of Code Section 12-2-2.

(5) Continuing Certification.

A local issuing authority shall submit documentation showing continued compliance with the criteria for certification established at 391-3-7-.09(1)(A) and (B) to the Division whenever an event requiring the Division to evaluate a local issuing authority for continuing compliance with the certification requirements occurs.

Notes

Ga. Comp. R. & Regs. R. 391-3-7-.09

O.C.G.A. § 12-7-1 et seq.

Original Rule entitled "Effective Date" adopted. F. Apr. 6, 1977; eff. Apr. 26, 1977. Amended: Rule repealed. F. July 16, 1981; eff. August 5, 1981. Amended: Rule entitled "Inspection and Compliance" was renumbered from 391-3-7-.06 to 391-3-7-.09. F. Dec. 12, 1989; eff. Jan. 1, 1990. Repealed: F. Nov. 2, 2000; eff. Nov. 22, 2000. Amended: New Rule entitled "Local Issuing Authorities" adopted. F. Nov. 5, 2003; eff. Nov. 25, 2003. Amended: F. July 5, 2007; eff. July 25, 2007. Amended: F. June 25, 2021; eff. July 15, 2021.