HomeMy WebLinkAboutORD 7609 ADOPTION OF THE REVISED SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL (ES&PC) Ordinance No.1 U 09
AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE
7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta-
Richmond County;
THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows:
SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in
Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the
Augusta, Georgia Board of Commissions that that Article 7 as set forth in "Exhibit A" hereto to
be amended by striking "Exhibit A" its entirety and inserting in lieu thereof new `Exhibit B"
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as "Exhibit
A."
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 — 6 in their entirety, contained in
AUGUSTA,GA,CODE §§4-2-1 through 4-2-6.
SECTION 4. The Second Reading of this Ordinance is hereby Waived.
Adopted this i day of , 2018.
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
, 2018 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date:
First Reading:
Second Reading: Waived
2
Exhibit "A"
STRIKE:
. . .
TITLE
This ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance."
DEFINMONS
A. DEFINITIONS:
. .
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than,those practices contained in the "Manual for Erosion and Sediment Control
in Georgia"published by the Commission as of January l'of the year in which the land
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
2. Board: The Board of Natural Resources.
habitat.
. . . . • .• . --• - _. . . . . . - . -
5. Commission: The Georgia Soil and Water Conservation Commission(GSWCC).
. 111-- - - . -.- - - • . .
7. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
S. Cut: A portion of land surface or area from which earth has been removed or will be
Also known as excavation.
9. Department: The Georgia Department of Natural Resources(DNR).
. ' • • • • • • • . - - • -- -- . - - • - - - .. • - - - -
-- --, _-• -- - = • - -. ._ .. _-• -- • = - - , _ - _ , . . ':;
current certification by Certified Professional in Erosion and Sediment Control, Inc.
ccope of this ordinance.
12. Development: Refer to any activity which would alter the elevation of the land,
removed, or a change of any kind from existing condition.
representative.
1'I. District: The Brier Creek Soil and Water Conservation District.
15. Division: The Environmental Protection Division(EPD)of the Department of Natural
Resources.
•• - " • - - ' • •• • •.- _ peint fer storm water management,
17. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
Erosion and Sedimentation Act, O.C.G.A. Chapter 12 7, that includes, as a minimum,
and requirements in section IV.D.&E. of this ordinance.
19. Fill: A portion of land surface to which soil or other solid material has been added;
disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a
• - . !0. - . -• - , . -. .' . _ _ - _ . .• ' • -- _ _ -- .
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial
•
shall include the land in its cut or filled condition.
A. _• . . ! • , . . . • •- • ♦- . _ • • .. _ . _ • - - - •. - •
or sale. For the purposes of this paragraph, "plan" means an announcement; piece of
- - - . - . . • , . - - - . - -, --- - , .
•
- - •
-. •. -, . _ . . • , . .. - . _-, . . •
_. . . _. . . - .
occur on a specific plot.
- • -- • _. . . .. • . e.
Count., ^dministrator or an authorized representative.
' ' ! - . •==., • . - . - - ' : . cntal and developmental matters in certain
29. Natural Cround Surface: The ground surface in its original state before any
grading, excavation or filling.
- • I. -
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
General Permit.
32. NOT: A Notice of Termination form provided by EPD
to terminate coverage
under the State General Permit.
- e222 : -
. e
referred to as "area of the 1% annual chance flood" on Augusta's Flood Insurance Rate
Maps effective date September 25, 2009).
31. Operator: The party or parties that have: (A) operational control of construction
and specifications; or (B) day to day operational control of those activities that are
for the site or other permit conditions, such as a person authorized to direct workers at a
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance,leaves a facility or site or,if there is a receiving water on site,becomes a point
source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land disturbing activity under
the provisions of this ordinance.
37. Person: 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 the State of
Georgia, any interstate body or any other legal entity.
39. Phase or Phased: Sub parts or segments of construction projects where the sub
the entire construction site.
41. Properly Designed: Designed in accordance with the design requirements and
•--• -• - -- • _. -- '', 4 . .. - - - •- - - - -- - _
/12. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
/13. Sediment: Solid material, both organic and inorganic, that is in suspension, is
as a product of erosion.
by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion,
• - - • - . •- - . _ - - e ith Brier Creek Soil and Water
Conservation District.
or gravity.
47. State Ccncral Permit: The National Pollution Discharge Elimination System
is now in effect or as may be amended or reissued in the future pursuant to the state's
• • • _ . - •- • - -- - . -- . - - • . _ ral delegation under the Federal Water
. _ • . • , . ., . -- - -
§12530.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
. - •- - . . - . . - ,
not entirely confined and retained completely upon the property of a single individual,
partnership, at;
'19. Stream bank: The confining cut of a stream channel usually identified as the point
e - e • - - - - ' - Z • • . .. - .. -
that enters the stream channel through the soil. This includes flows into streams. Direct
.. • • •
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
Treaders, waterways or outlets, diversions, grade stabilization structures and sediment
Control in Gcorgia.
51. Trout Streams: All streams or portions of streams within the watershed as
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12 5
20, in the rules and regulations for Water Quality Control, Chapter 391 3 6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self sustaining population of rainbow, brown or brook trout. Streams
• • _ . •
. . . . . _ . . . . . • . _. . -
(a) Permanent seeding, sprigging or planting, producing long term vegetative
cover, or
(b) Temporary deeding,producing short term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod forming grass.
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
-, -•• . , : •• , • , : in, waterway, gully,ravine, or wash in which water flows
•. • . . -• - - - . . .•- t 4e inundation by reason of overflow or
fleedwateE7
54. Water Quality: The chemical, physical, and biological characteristics of the
State's water resources.
55. Wetlands: Those areas that are inundated or saturated by surface or ground water
EXEMPTIONS
-- - • • " w.
Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land disturbing activities as home gardens and individual home
'1. The construction of single family residences, when such construction disturbs less
under this paragraph; provided, however, that construction of any such residence shall
O.C.G.A. §12 7 6 and this paragraph. For single family residence construction covered
. _ e .. . • - ., . . . - . • - . . . . . . • . . ..
waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller
- ., - . . - . . - , -- . . - - -
• - • -= , : • -- `• - . _ ant variances to no less than 25 feet. Regardless of
whether a trout stream is primary or secondary, for first order trout waters, which are
horizontal feet, and no variance to a smaller buffer shall be granted. The minimum
paragraph shall be enforced by the City;
5. Agricultural operations as defined in O.C.G.A. §1 3 3, "definitions", to include
raiding, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
• - - . . . . . . . - _ . _ . , - - :, . . . . .
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural,dairy,livestock,poultry,eggs and apiarian products; farm buildings and farm
6. Forestry land management practices, including harvesting;provided,however,that
when such exempt forestry practices cause or result in land disturbing or other activities
otherwise prohibited in a buffer, as established in Section IV.E. of this ordinance,no other
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service(NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
"State Waters"excludes channels and drainage ways which have water in them only during
:; • - - - - , . .. - - -- •. - - • - :•:._
.1, 5, 6, 7, 9 or 10 of this section;
9. Construction er make prejects, . .. -, . . ., -- . _ - _ . •
both, undertaken by any county or municipality; provided, however, that construction or
•
shall be submitted to the City, the City shall enforce compliance with the minimum
18 1, or any agency or instrumentality of the United States engaged in the generation,
•• . • . - . . •- - -• - ; - --- - - • - -- - - - • - -•: -- -.. .
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36
18 1, or any agency or instrumentality of the United states engaged in the generation,
the-City shall enforce compliance with the minimum requirements set forth in O.C.G.A.
12 7 6 as if a permit had been issued, and violations shall be subject to the same penalties
11. Any public water system reservoir:
•• • - .' - - - . . . - :t ..• -- .• - - • - - -
by O.C.G.A. §12 4 17, however, any land disturbing activities conducted as part of any
(1) The construction of a single family residence or commercial lot or institutional lot,
by O.C.G.A. §12 1 17, however, any 4and dist ing - . . . ... . .
redevelopment and submit stormwater quality management plan to the Augusta
All stormwater runoff shall bo adequately treated prior to discharge. The stormwater
a site.
(1) New development that creates or adds 5,000 square fcct or grcatcr impervious surface
• • ... - - -
e --
• • • •- . . .• . • g activity of 10,000 square feet of land or greater.
SECTION ry
A. GENERAL PROVISIONS:
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land disturbing activities which are not exempted by this
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
or control erosion, sedimentation and pollution during all stages of any land disturbing
B. MINIMUM REQUIREMENTS/BMPs/MONITORING REQUIREMENTS:
1. Best management practiccs as set forth in Section IV.B. D. & E. of this ordinance
maintenance of best management practices shall constitute a complete defense to any
- - •- - -- - - - . _ation of noncompliance with paragraph (2) of
storm water issued pursuant to subsection (f) of O.C.G.A. §12 5 30, the "Georgia Water
e .. • . i _ ". •- -• . . - • -- - _.. ". . . • „ - ": - -
in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. §12
7 6 subsection(b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
5 30, the "Georgia Water Quality Control Act", for each day on which such discharge
ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity
construction of single family homes which are not part of a larger common plan of
greater than one(1) acre.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
Section 12 5 30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
3. Failure to perform turbidity monitoring or to submit monitoring results as required
for each day on which such failure occurs or continues.
/1. If any person commences any land disturbing activity requiring a land disturbing
5. Conducting land disturbing activity in any manner prohibited by or inconsistent
D. REQUIREMENTS:
O.C.G.A. §12 7 1 et. seq. for the purpose of governing land disturbing activities shall
following
1. Stripping of vegetation, rcgrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
'1. Whenever feasible, natural vegetation shall be retained, protected and
stIPPlenientedt
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12 7 1 ct. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
•
13. Grading equipment must cross flowing streams by means of bridges or culverts
11. Land disturbing activity plans for erosion,sedimentation and pollution control shall
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12 7 6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
except i) where the Director determine,to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12 2 8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
. -.. . . . . .. ., . • _. , . .. _ - -- :; . • . .
after precipitation events; that has the channel located above the ground water table year
round; for which ground water is not a source of water; and for which runoff from
stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5
of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a
variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
on the construction site are completed. Once the final stabilization of the site is achieved,
(b) The buffer shall not apply to the following land disturbing activities,
- - •. -- - ---. . . _ _, . - _. . _. . - _ ::•- . _ . •-_, • -••
feet within the buffer; and adequate erosion control measures arc incorporated into the
or(ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point whore
state waters classified as "trout streams"pursuant to Article 2 of Chapter 5 of Title 12,the
"Georgia Water Quality Control Act", except where a roadway drainage structure must be
. . :, . - - . _ . . ., . . - • - , . . . .. . • "-"
. ". - .
- ----
- . _ - _ .
the buffer requirement for any adjacent trout streams. The Director may grant a variance
(a) No land disturbing activities shall be conducted within a buffer and a buffer
shall remain in its natural, undisturbed, state of vegetation until all land disturbing
activities on the construction site are completed. Once the final stabilization of the site is
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single family residence, when such residence is constructed by or
in a buffer at any time as long as protective vegetative cover remains to protect water
on the stream bed; and
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
and specifications and are implemented: (i) Stream crossings for water lines; or(ii) Stream
crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12 7 1 et. seq. shall prevent any Local Issuing Authority
requirements that exceed the minimum requirements in Section IV.B. D. & E. of this
ordinance.
G. LAND DISTURBING ACTIVITY:
The fact that land disturbing activity for which a permit has been issued results in injury
SECTION V
� . • „ ' . e
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
• • Z . . ., . .. Z . .• g it. They shall consult the zoning ordinance, storm
this ordinance, and any other ordinances, rules, regulations or permits, which regulate the
or operator, with owner notarized written consent, is the only party who may obtain a
permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land dioturbing activity within the jurisdictional
(LDA) from the County to perform such activity and providing a copy of Notice of Intent
submitted to EPD if applicable. This also applies to mass grading activities at individual
2. The application for a permit shall be submitted to the County and must include the
applicant's erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land
Section IV.B. D. & E. of this ordinancc will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant's erosion, sedimentation
- -
plan preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391 3 7 .10.
3. An administrative fee,in the amount of$5.00 per disturbed acre(or portion thereof)
shall be charged by the City for each project requiring a permit under this article. The
(a)of O.C.G.A. §12 5 23,provided that such fees shall not exceed$80.00 per acre of land
defined in the state general permit for each acre of land disturbing activity included in the
to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to
. .
pursuant to paragraph (9) or (10) of O.C.G.A. §12 7 17 shall be submitted in full to the
Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
/1. Immediately upon receipt of an application and plan fora permit, the County shall
District shall approve or disapprove a plan within 35 days of receipt. Failure of the District
plan has been approved by the District, and any variances required by Section IV.E. has
been obtained. Such review will not be required if the County and the District have entered
an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
-•- -
6. Bond Requirement: The County may require the permit applicant to post a bond in
the form of government security, cash, irrevocable letter of credit, or any combination
- ... .. . -
this section or with the conditions of the permit after issuance, the County may call the
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in Section
IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate design
ordinance. The plan for the land disturbing activity shall consider the interrelationship of
the soil types, geological and hydrological characteristics, topography, watershed,
sediment control and storm water management facilities, local ordinances and State laws.
Maps, drawings and supportivc computations shall boar the signature and seal of the
certified design professional. Persons involved in land development design, review,
the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. §12 7 20.
2. Data Required for Site Plan shall include all thc information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
tablishcd by thc Commission as of January 1 of thc year in which the land disturbing
activity was permitted. These check lists arc included in this Ordinance by reference. A
3. Maps, drawings, and supportive computations shall bear the signature/seal of
/1. Maintenance of all soil erosion and sedimentation control practices, whether
5. Plot plans for single family homes on individual lots shall illustrate the best
upon completion of construction. Onsite drainage shall be away from the foundations
. -
arrows. Plot plans also include contractor name, street name and property address, lot
:•" :•_ . . . _. _ . . t•- :• _ . -• - - , ` - - • - -- . - - ,
drainage, 100 year floodplain, sensitive areas including wetlands, state water within 200
feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty five (15) days after receipt by the County of a completed application, providing
•.. . __•• • _ Y. - - .. _ . . _. • • . _ .. •
- -
control plan has been approved by the District and the County has affirmatively
by Section IV.E. are obtained,bonding requirements, if necessary, as per Section V B.
boundaries of the City are met. If the permit is denied, the reason for denial shall be
to private persons.
1. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
. Y- . --•• . . . . ., ., • .. . . , . . . . ...
of the conditions contained in the permit.
6. The County may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application,in light of O.C.G.A.
§1277 (0 (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
8. Approved ES&PC Plan is valid for two years from the date it was issued in conjunction
has not begun construction within one year of issuance of the Land Disturbing Permit
. .
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
but not later than 45 days from establishment of permanent stabilization. A copy of
SECTION VI
• . I • •
A. The Augusta Engineering Department,will periodically inspect the sites of land disturbing
activities for which permits have been issued to determine if the activities are being
and tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall bo responsible for installation and maintenance of best management
permittees shall be responsible for installation and maintenance of best management
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land disturbing activities. If,through inspection,it is deemed that
the approved plan, with permit conditions, or with the provisions of this ordinance, a
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land disturbing activity fails to
comply within the time specified, he shall be deemed in violation of this ordinance.
1. Residential Construction of Individual Lots: The County Building Inspector will
• -- -- - .
land disturbing activity fails to comply within the time specified, he shall be deemed in
violation of this chapter.
B. The County must amend its ordinances to the extent appropriate within twelve(12)months
of any amendments to the Erosion and Sedimentation Act of 1975.
C. Augusta Engineering Department shall have the power to conduct such investigations as it
this purpose to enter at reasonable times upon any property, public or private, for the
D. No person shall refuse entry or access to any authorized representative or agent of the
County, the Commission, the District, or Division who requests entry for the purposes of
duties.
E. The District or the Commission or both shall semi annually review the actions of counties
O.C.G.A. §12 7 8 (a). The District or the Commission or both may provide technical
the county's or municipality's erosion, sedimentation and pollution control program. The
Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to §12 7 8 (a). Such review may
include, but shall not be limited to, review of the administration and enforcement of a
between the district and the governing authority. If such review indicates that the governing
with any agreement entered into pursuant to O.C.G.A. §12 7 7(e),the Division shall notify
necessary corrective action to retain certification as a Local Issuing Authority. If the
II A
municipality as a Local Issuing Authority.
SECTION-WI
P
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
as prescribed in this ordinance without first obtaining said permit, the person shall be
the City.
B. STOP WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
form, including without limitation, a memo, letter, directive or citation to appear in
is not corrected within five days, the Director or the County shall issue a stop work order
.. _• - ---- - - ; - - • - • - - , • , • - • •. . •-
stop work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the County shall issue an
3. All stop work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
'1. When a violation in the form of taking action without a permit, failure to maintain
- - - • . - :-•-: . _ - - . - . - .
where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the County or by the Director or his or her
Designee without issuing prior written notices. All sue . . - - • . -
mitigation has occurred. Such stop work orders shall apply to all land disturbing activity
on the site with the exception of the installation and maintenance of temporary or
C. BOND FORFEITURE:
- - . . - -- - - . . - -s in land disturbing activities at a project
plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
and shall state the time within which such measures must be completed. If the person
bfing-it-inte-eemplianee
D. MONETARY PENALTIES:
1. - - •• - -• • --,
-
._-..
County is authorized under §O.C.G.A. 12 7 15 to impose penalty not to exceed$2,500.00
for each violation. Each day during which violation or failure or refusal to comply
2. _ . • • •- . -- • •- - • -- • . - •- . - . e
will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing into
the NPDES account.
ST.CTION VIII
• . ' • I
A. Persons involved in land development design, review, permitting, construction,
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12 7 20.
B. For each site on which land disturbing activity occurs,each entity or person acting as either
a primary,secondary,or tertiary permittee,as defined in the state general permit,shall have
disturbing activities are conducted on that site. A project site shall herein be defined as
C. Persons or entities involved in projects not requiring a state general permit but otherwise
D. If a state general permittee who has operational control of land disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12 7 19, then any person or entity involved in land disturbing activity at that site and
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12 7 19 and shall
paragraph.
. I 1
A. ADMINISTRATIVE REMEDIES:
Y. • . .-
or the issuance of a stop work order, or the determination to call a bond pursuant to this
sedimentation and Pollution control plan, or that the holder is in violation of permit
conditions, or that the holder is in violation of any ordinance, shall entitle the person
submitting the plan or holding the permit to a hearing before the Augusta Commission
within 30 days after receipt by the City of written notice of appeal. A notice of appeal
• • •• -•- - -• - - - -• - . . • - •:-, • -• . _ . ..• _.
of a stop work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the County, after exhausting his
administrative remedies, shall have the right to appeal dcnovo to the Superior Court of
Richmond County, Georgia.
SECTIONA
A. EFFECTIVITY:
This ordinance shall become effective on the day of ,20_;
- •- 5 • - - -
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
e
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
any liability upon the City, Augusta, Georgia or District for damage to any person or
2. The fact that a land disturbing activity for which a permit has been issued result}
3. No provision of this ordinance shall permit any persons to violate the Georgia
defined thereby
Exhibit "B"
REPLACE WITH:
3
Title 4, Public Health, Section 2, Health and Sanitation,Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance."
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the "Manual for Erosion and Sediment
Control in Georgia" published by the Commission as of January 1St of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. City: The Augusta, Georgia(formerly known as Augusta-Richmond County)
6. Commission: The Georgia Soil and Water Conservation Commission(GSWCC).
7. County: The Augusta, Georgia(formerly known as Augusta-Richmond County)
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8. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
9. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
10. Department: The Georgia Department of Natural Resources (DNR).
11. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
12. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
13. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
14. Director: The Director of the Environmental Protection Division or an authorized
representative.
15. District: The Brier Creek Soil and Water Conservation District.
16. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
17. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
18. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
19. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
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20. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
21. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
22. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
23. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
24. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
25. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
26. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, "plan" means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: Augusta, GA which is certified pursuant to subsection
(a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized
representative.
27. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
3
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as "area of the 1% annual chance flood" on Augusta's Flood Insurance Rate
Maps—effective date September 25, 2009 or the latest).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
37. Person: 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 the State of
Georgia, any interstate body or any other legal entity.
38. Planning Commission: The Augusta, GA (Augusta-Richmond County)
Planning Commission.
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39. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
40. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
47. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state's
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
5
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding,producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
6
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
54. Water Quality: The chemical, physical, and biological characteristics of the
State's water resources.
55. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,bogs, and similar areas.
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the City except and to the extent exempted by
O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such 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. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance,
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the City;
7
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine,hogs, goats, sheep, and rabbits
or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management
practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three(3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service(NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
"State Waters" excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the City from regulating any
such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10
of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the City, the City shall enforce compliance with the
8
minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and
violations shall be subject to the same penalties as violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the City shall enforce compliance with the minimum requirements set forth in
O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the
same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes
in lot grade to the Augusta Engineering Department for approval prior to getting a
building permit and conform to the minimum requirements as set forth in section IV of
this article, including,but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional
lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
(c) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall apply the stormwater management standards for new
development and redevelopment and submit stormwater quality management plan to the
Augusta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The
stormwater management system shall be designed to capture and treat the water quality
treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of
rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional
water quality treatment is not required.
(1) New development that creates or adds 5,000 square feet or greater impervious surface
area, or that involve land disturbing activity of one acre of land or greater.
9
(2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious
surface area, or that involves land disturbing activity of one acre of land or greater.
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design" and
"properly designed" mean designed in accordance with the hydraulic design
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
specified in O.C.G.A. §12-7-6 subsection(b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
10
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five(5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
11
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
12
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or(ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner's
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
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activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single—family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City from adopting rules
and regulations, ordinances, or resolutions which contain stream buffer requirements that
exceed the minimum requirements in Section IV.B. D. & E. of this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that 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.
SECTION V
APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans and detailed plans and
requirements of the City that affect the tract to be developed and the area surrounding it.
They shall consult the zoning ordinance, storm water management ordinance, subdivision
ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances,
14
rules, regulations or permits, which regulate the development of land within the
jurisdictional boundaries of the City. However, the owner or operator, with owner
notarized written consent, is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development
Permit (LDA) from the County to perform such activity and providing a copy of Notice
of Intent submitted to EPD if applicable. This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the County and must include the
applicant's erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land
disturbing activity proposed will be carried out in such a manner that the provisions of
Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant's erosion, sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of$15.00 per disturbed acre (or portion thereof)
shall be charged by the City for each project requiring a permit under this article. The fee
shall be paid at the time the plan is submitted to the County. In addition to the local
permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of
O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land-
disturbing activity, and these fees shall be calculated and paid by the primary permittee as
defined in the state general permit for each acre of land-disturbing activity included in the
planned development or each phase of development. All applicable fees shall be paid
prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant
to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the
Division; except that any and all fees due from an entity which is required to give notice
pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the
Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the County shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and pollution control plan. The
District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the County. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
15
IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section
V B.6., have been obtained. Such review will not be required if the County and the
District have entered into an agreement which allows the County to conduct such review
and approval of the plan without referring the application and plan to the District. The
County with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the County with plan review authority to act within
35 days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the County may deny the permit application.
6. Bond Requirement: The County may require the permit applicant to post a bond
in the form of government security, cash, irrevocable letter of credit, or any combination
thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed
land-disturbing activity, prior to issuing the permit. If the applicant does not comply with
this section or with the conditions of the permit after issuance, the County may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
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3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development(such as residential or commercial subdivision).
6. Post construction phase shall include water quality controls depicting stormwater
management system designed to meet the City MS4 NPDES Permit and associated
Stormwater Management Plan stormwater Runoff Quality/Reduction performance
standards. The plan shall include specific information regarding maintenance, operation,
and delegation of authority for the system.
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the County of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which
the activity may be undertaken.
2. No permit shall be issued by the County unless the erosion, sedimentation and
pollution control plan has been approved by the Augusta Engineering Department
(per the District agreement) and the County has affirmatively determined that the plan
is in compliance with this ordinance, any variances required by Section IV.E. are
obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all
ordinances and rules and regulations in effect within the jurisdictional boundaries of
the City are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
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3. Any land-disturbing activities by the County shall be subject to the same
requirements of this ordinance, and any other ordinances relating to land
development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the County, as to all or any
portion of the land affected by the plan, upon finding that the land disturbing activity
is not in compliance with the approved erosion and sedimentation control plan or that
the holder or his successor is in violation of this ordinance. A holder of a permit shall
notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The County may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A copy of
NOT shall be provided to Augusta Engineering Department. In case of phased
common development, NOT for the completed phase shall be submitted and ES&PC
Plans shall be modified accordingly.
SECTION VI
INSPECTION AND ENFORCEMENT
A. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta
Engineering Department will be required.
B. The Augusta Engineering Department will periodically inspect the sites of land-
disturbing activities for which permits have been issued to determine if the activities are
18
being conducted in accordance with the plan and if the measures required in the plan are
effective in controlling erosion and sedimentation. Also, the City shall regulate primary,
secondary and tertiary permittees as such terms are defined in the state general permit.
Primary permittees shall be responsible for installation and maintenance of best
management practices where the primary permittee is conducting land-disturbing
activities. Secondary permittees shall be responsible for installation and maintenance of
best management practices where the secondary permittee is conducting land-disturbing
activities. Tertiary permittees shall be responsible for installation and maintenance where
the tertiary permittee is conducting land-disturbing activities. If, through inspection, it
is deemed that a person engaged in land-disturbing activities as defined herein has failed
to comply with the approved plan, with permit conditions, or with the provisions of this
ordinance, a written notice to comply shall be served upon that person. The notice shall
set forth the measures necessary to achieve compliance and shall state the time within
which such measures must be completed. If the person engaged in the land-disturbing
activity fails to comply within the time specified, he shall be deemed in violation of this
ordinance.
1. Residential Construction of Individual Lots: The County Building Inspector will
inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall
be deemed in violation of this chapter.
C. Augusta Engineering Department shall have the power to conduct such investigations as
it may 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.
D. No person shall refuse entry or access to any authorized representative or agent of the
County, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
SECTION VII
PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
19
conduct of a business and associated work activities within the jurisdictional boundaries
of the City.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the County shall issue a written warning to the violator. A notice may be in any
written form, including without limitation, a memo, letter, directive or citation to appear
in Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the County shall issue a stop-
work order requiring that land-disturbing activities be stopped until necessary corrective
action or mitigation has occurred; provided, however, that, if the violation presents an
imminent threat to public health or waters of the state or if the land-disturbing activities
are conducted without obtaining the necessary permit, the Director or the County shall
issue an immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the County shall issue
an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the County or by
the Director or his or her Designee, have been or are being discharged into state waters
and where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the County or by the Director or his or
her Designee without issuing prior written notices. All such stop work orders shall be
effective immediately upon issuance and shall be in effect until the necessary corrective
action or mitigation has occurred. Such stop work orders shall apply to all land-
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the County determines that a person engaged in land-disturbing activities at a project
where a Bond was required pursuant to Section V has failed to comply with the approved
plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning notice shall set forth the measures necessary to achieve compliance with the plan
and shall state the time within which such measures must be completed. If the person
engaged in the land-disturbing activity fails to comply within the time specified, in
20
addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The County may call the bond or any part thereof to be
forfeited and use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, or any permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order issued as provided in this
ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the
purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond
County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed
$2,500.00 for each violation. Each day during which violation or failure or refusal to
comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
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D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
SECTION IX
ADMINISTRATIVE APPEAL—JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the
County, or the issuance of a stop-work order, or the determination to call a bond pursuant
to this Ordinance upon finding that the holder is not in compliance with the approved
erosion, sedimentation and Pollution control plan, or that the holder is in violation of
permit conditions, or that the holder is in violation of any ordinance, shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within 30 days after receipt by the City of written notice of appeal. A notice
of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification, grant with a condition of a permit, or notice of calling a bond by the
County, of the issuance of a stop-work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the County, after exhausting his
administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
SECTION X
EFFECTIVITY,VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the day of
20 ; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
22
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 City, Augusta, Georgia 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 or pollute any Waters of the
State as defined thereby.
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Revision Summary
STRIKE REPLACE [Exhibit B]
Local Issuing Authority: The governing Page 3: Local Issuing Authority: Augusta,
authority of any county or municipality which GA which is certified pursuant to subsection
is certified pursuant to subsection(a)O.C.G.A. (a) O.C.G.A. 12-7-8. Director Augusta
12-7-8. The LIA in Augusta is the County Engineering Department is authorized
Administrator or an authorized representative. representative
All stormwater runoff shall be adequately Page 9: All stormwater runoff shall be
treated prior to discharge. The stormwater adequately treated prior to discharge. The
management system shall be designed to stormwater management system shall be
capture and treat the water quality treatment of designed to capture and treat the water quality
volume,which is defined as the runoff volume treatment of volume, which is defined as the
resulting from the first 1.2 of rainfall from a runoff volume resulting from the first 1.2 of
site. rainfall from a site. If the first 1.0 inch of
rainfall can be retained onsite then additional
water quality treatment is not required.
This paragraph shall not apply to any land Page 11: This paragraph shall not apply to any
disturbance associated with the construction of land disturbance associated with the
single family homes which are not part of a construction of single family homes which are
larger common plan of development or sale not part of a larger common plan of
unless the planned disturbance for such development or sale unless the planned
construction is equal to or greater than one (1) disturbance for such construction is equal to or
acre. greater than five (5) acres.
An administrative fee, in the amount of$5.00 Page 15: An administrative fee, in the amount
per disturbed acre (or portion thereof) shall be of$15.00 per disturbed acre(or portion
charged by the City for each project requiring thereof) shall be charged by the City for each
a permit under this article. project requiring a permit under this article.
Page 17: Post construction phase shall
include water quality controls depicting
stormwater management system designed to
meet the City MS4 NPDES Permit and
associated Stormwater Management Plan
stormwater Runoff Quality/Reduction
performance standards. The plan shall include
specific information regarding maintenance,
operation, and delegation of authority for the
system.
No permit shall be issued by the County Page 17: No permit shall be issued by the
unless the erosion, sedimentation and County unless the erosion, sedimentation and
pollution control plan has been approved by pollution control plan has been approved by
the District and the County has affirmatively the Augusta Engineering Department (per the
determined that the plan is in compliance with District agreement) and the County has
this ordinance, any variances required by affirmatively determined that the plan is in
Section IV.E. compliance with this ordinance, any variances
required by Section IV.E.
Page 18: Prior to commencing land
disturbing activities, a Pre-Construction
Meeting with Augusta Engineering
Department will be required.
1