(A) On-site responsible personnel training.
(1) Within six months of the effective date of this chapter, all on-site responsible personnel shall be required to hold a certificate of attendance from a MSD-sponsored or approved training course. This requirement applies to persons employed by homebuilders, contractors, utilities, or any other person in a position of operational control over the land disturbing activity. This training shall be valid for a period of three years or until the course content is significantly modified due to ordinance modification or additional state or federal requirements, whichever occurs first.
(2) Further, the permittee shall certify to the MSD at the time of plan submittal that a person holding an attendance certificate shall be on the site during construction or development activity to such degree as to be in operational control over the land disturbing activity and provide continuing inspections in accordance with § 156.060. This person may include, but is not limited to, a foreperson, developer, construction manager, or property owner.
(3) The name of this person shall be provided to the MSD as soon as it is available, but no later than the time that notification of construction or disturbance is filed with the MSD. The MSD shall maintain a list of attendees to all training programs and provide confirmation of attendance.
(B) Training and certification.
(1) Agency inspector training and certification. Within six months of the effective date of this chapter, all agency inspectors shall be required to attend a MSD-sponsored or approved training course. Each inspector shall be required to achieve certification through this course to conduct site inspections, issue violations, negotiate on-site compliance, and refer violations for formal enforcement actions. This certification shall be valid for a period of three years, upon which the inspector must be re-certified.
(2) Agency plan reviewer training and certification. Within six months of the effective date of this chapter, all agency plan reviewers are required to attend a MSD-sponsored or approved training course. Each plan reviewer shall be required to achieve certification through this course to conduct plan reviews, pre-construction site meetings, and permit negotiations. This certification shall be valid for a period of three years upon which the plan reviewer must be recertified.
(3) Qualified plan preparer training. Qualified plan preparers, including, but not limited to, professional engineers and landscape architects, shall be strongly encouraged to attend training sessions for plan reviewers and inspectors, as space is available. The MSD may also, at its discretion, develop a separate course for qualified plan preparers. A fee may be established for this training based on the actual cost to develop and administer this course.
(a) The option of a CCR is offered to allow for self-monitoring of the EPSC plan implementation. Based on demand, the MSD may sponsor or approve a training course to certify private individuals as CCRs. These certifications shall be valid for a period of not more than three years. The MSD may extend this period; however, continuing education shall be required for maintenance of the CCR. At the MSD’s sole discretion, a fee may be established for this training based on the actual cost to develop and administer this course.
(b) The MSD, in its discretion, may provide incentives for the use of a CCR.
(C) Revocation of certifications.
(1) Certifications may be revoked by the MSD for repeated violations of the provisions of this chapter, activities that result in significant adverse impact or off-site degradation, or for willful disregard in implementing the intent of the certification programs. The MSD shall appoint a hearing officer to hear appeals of revocation actions. Any third party may bring action for revocation of a certification. These actions shall be presented to the MSD hearing officers for decisions.
(2) Any revocation action shall be supported by documentation as deemed appropriate by the hearing officer. The hearing officer may establish penalty amounts up to $500 per occurrence depending on the nature of the offense. Revocation of certifications shall be for at least one year. Re-certification shall be based on attending the training courses and paying all appropriate fees. Re-certification will only be allowed one time in a three-year period from the date of revocation.
(Ord. 26, passed 9-25-2001)