§ 150.109 QUALIFIED PROFESSIONAL.
   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 and maintain written records of the inspections.
   (A)   Effect. This section shall be effective and enforced on May 4, 2009.
   (B)   Registration. Qualified professionals performing inspections or overseeing maintenance activities under this subchapter must be registered by the city prior to execution of those actions. All applicants must file an application with the city.
   (C)   Construction qualified professional prerequisites.
      (1)   Applicants must demonstrate knowledge and experience in the following areas:
         (a)   Construction practices;
         (b)   Operational standards;
         (c)   Cause and failure indicators; and
         (d)   Maintenance measures used to prevent and correct failures.
      (2)   Applicants who can demonstrate one or more of the following will be considered for registration:
         (a)   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; and
         (b)   Qualification or certification program as designated in the KPDES General Permit for Stormwater Discharges Associated with Small Construction Activities (KYR10).
      (3)   Documentation demonstrating the above will be required by the city before registration will be granted.
   (D)   Post-construction qualified professional prerequisites.
      (1)   Applicants must demonstrate knowledge and experience in the following areas:
         (a)   Water quality treatment practices;
         (b)   Operational standards;
         (c)   Cause and failure indicators; and
         (d)   Maintenance measures used to prevent and correct failures.
      (2)   Applicants who can demonstrate one or more of the following will be considered for registration:
         (a)   Professional engineer license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
         (b)   Professional land surveyor license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
         (c)   Landscape architect license in good standing in the Commonwealth of Kentucky with demonstrated experience in water quality treatment BMPs;
         (d)   Professional in water quality certification in good standing; and
         (e)   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.
   (E)   The city may report to the appropriate licensing, certification or qualification authority for activities not consistent with the policies and procedures identified in this subchapter. 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. 2009-1, passed 5-4-2009)