§ 54.069 QUALIFIED PROFESSIONAL REQUIREMENT.
   (A)   A qualified professional is required to perform construction and post-construction inspections and to direct and/or supervise maintenance activities to ensure that the SWQMP permit and long-term operation and maintenance agreement provisions are being implemented properly.
      (1)   Effect. Section 10 qualified professional shall be effective and enforced on January 1, 2011.
      (2)   Registration. Qualified professionals performing inspections or overseeing maintenance activities under this chapter must be registered by the city prior to execution of those actions. All applicants must file an application with the city.
      (3)   Construction qualified professional prerequisites.
         (a)   Applicants must demonstrate knowledge and experience in the following areas:
            1.   Construction practices;
            2.   Operational standards;
            3.   Cause and failure indicators; and
            4.   Maintenance measures used to prevent and correct failures.
         (b)   Applicants who can demonstrate one or more of the following will be considered for registration:
            1.   Successful completion and passage of the Kentucky Erosion Prevention and Sediment Control course and examination through the University of Kentucky Transportation Center;
            2.   Professional Engineer license in good standing in the Commonwealth of Kentucky with demonstrated experience in erosion prevention and sediment control on construction sites;
            3.   Landscape Architect license in good standing in the Commonwealth of Kentucky with demonstrated experience in erosion prevention and sediment control on construction sites;
            4.   Professional in Erosion and Sediment Control Certification in good standing;
            5.   Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test.
         (c)   Documentation demonstrating the above will be required by the city before registration will be granted.
      (4)   Post-construction qualified professional prerequisites.
         (a)   Applicants must demonstrate knowledge and experience in the following areas:
            1.   Stormwater quality treatment practices;
            2.   Operational standards;
            3.   Cause and failure indicators; and
            4.   Maintenance measures used to prevent and correct failures.
         (b)   Applicants who can demonstrate one or more of the following will be considered for registration:
            1.   Professional Engineer license in good standing in the Commonwealth of Kentucky with demonstrated experience in stormwater quality treatment BMPs;
            2.   Landscape Architect license in good standing in the Commonwealth of Kentucky with demonstrated experience in stormwater quality treatment BMPs;
            3.   Professional in Stormwater Quality Certification in good standing;
            4.   Similar qualification or certification of any other similar program in the Commonwealth of Kentucky or in the United States so long as that program required a test and the applicant passed the test.
   (B)   The city may report to the appropriate licensing, certification or qualification authority for activities not consistent with the policies and procedures identified in this chapter. This may include reporting activities that include but are not limited to, the submittal of false or misleading information or for repeated incompetence or negligent actions by the registrant.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020) Penalty, see § 54.999