Certification of Locality as Local Issuing Authority; Periodic Review; Procedure for Revoking Certification; Enforcement Actions

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Control of Soil Erosion and Sedimentation
  5. Certification of Locality as Local Issuing Authority; Periodic Review; Procedure for Revoking Certification; Enforcement Actions

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    1. If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, education and training, and project size thresholds with regard to education and training requirements shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs or contracts with qualified personnel to implement enacted ordinances, the director shall certify such county or municipality as a local issuing authority for the purposes of this chapter.
    2. A local issuing authority shall regulate both primary and secondary 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. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter.
    3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of the ordinances such local issuing authority adopted pursuant to this chapter as are applied to private persons, and the division shall enforce such requirements upon the local issuing authority.
    4. If a local issuing authority certified by the director under paragraph (1) of this subsection has within its jurisdiction an area served by a water authority or water and sewer authority which has been authorized by local law to be responsible for storm-water management and to implement and enforce all relevant ordinances and regulations and, pursuant to an intergovernmental agreement with the governing authority of a county or municipality, operates a storm-water utility and maintains the storm-water management system and soil erosion and sedimentation control permitting, inspection, and enforcement within such county or municipality, such water authority or water and sewer authority may, in the sole discretion of the director, be certified as the local issuing authority for the county or municipality which it serves.
  2. The districts or the commission or both shall review semi-annually the actions of jurisdictions and entities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any jurisdiction or entity for the purpose of improving the effectiveness of the jurisdiction's or entity's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.
  3. The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of jurisdictions and entities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with the applicable ordinances and regulations and review of conformance with an agreement, if any, between the district and the local issuing authority. If such review indicates that the jurisdiction or entity certified pursuant to subsection (a) of this Code section has not administered, enforced, or complied with its ordinances or regulations or has not conducted the program in accordance with subsection (e) of Code Section 12-7-7, the division shall notify that jurisdiction or entity in writing. The jurisdiction or entity so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the jurisdiction or entity does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the jurisdiction or entity as a local issuing authority.
  4. The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the jurisdiction or entity as a local issuing authority.

In the event that a water authority or water and sewer authority serves more than one county or municipality that is a local issuing authority certified by the director under paragraph (1) of this subsection, such water authority or water and sewer authority must have authority to implement and enforce all relevant ordinances and regulations from and an intergovernmental agreement with every applicable county or municipality before the director may certify such water authority or water and sewer authority as a local issuing authority for any county or municipality which it serves.

In the event that a water authority or water and sewer authority serves less than an entire county or municipality that is a local issuing authority certified by the director under paragraph (1) of this subsection, the intergovernmental agreement described under this paragraph shall specify the jurisdictional boundaries within which the water authority or water and sewer authority shall act as the local issuing authority.

(Ga. L. 1975, p. 994, § 12; Ga. L. 1980, p. 942, § 8; Ga. L. 1985, p. 1224, § 1; Ga. L. 1988, p. 269, § 27; Ga. L. 1989, p. 1295, § 5; Ga. L. 1994, p. 1650, § 5; Ga. L. 1995, p. 150, § 3; Ga. L. 2003, p. 224, § 5; Ga. L. 2007, p. 127, § 2/HB 463; Ga. L. 2019, p. 606, § 3/HB 493; Ga. L. 2020, p. 488, § 3/SB 445.)

The 2019 amendment, effective July 1, 2019, in paragraph (a)(1), inserted "or contracts with" and substituted "shall certify" for "may certify" near the end; and deleted "any agreement entered into pursuant to" preceding "subsection (e) of Code Section 12-7-7" near the end of the fourth sentence of subsection (c).

The 2020 amendment, effective July 29, 2020, substituted "jurisdiction or entity" for "county or municipality" throughout this Code section; added paragraph (a)(4); in subsection (b), substituted "jurisdictions and entities" for "counties and municipalities" in the first sentence and substituted "jurisdiction's or entity's" for "county's or municipality's" in the second sentence; in subsection (c) substituted "jurisdictions and entities" for "counties and municipalities", substituted "the applicable" for "a governing authority's", inserted "and regulations", and substituted "the local issuing authority" for "the governing local issuing authority" in the third sentence; substituted "jurisdiction or entity" for "governing authority of any county or municipality", inserted "or regulations", and substituted "that jurisdiction or entity in" for "the governing authority of the county or municipality" in the fourth sentence; and substituted "jurisdiction or entity" for "governing authority of the county or municipality" in the fifth sentence.

Cross references.

- Powers of the commission generally, § 2-6-27.

Powers of districts generally, § 2-6-33.

Editor's notes.

- Ga. L. 2019, p. 606, § 1/HB 493, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Private Permitting Review and Inspection Act.'"

Law reviews.

- For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).


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