In 2008, the 123rd Maine Legislature passed LD 2249 which
among other provisions requires that all excavation work in
excess of one cubic yard done in shoreland areas, must be
supervised by an individual certified in erosion control
practices by the Department of Environmental Protection (DEP).
The law further states that the certified individual must be
responsible for management of erosion and sediment control
practices at the site and must be present at the site each
day earthmoving activity occurs to ensure that proper
erosion and sedimentation control practices are followed.
What is the Shoreland Area and how can it be determined that
a project is located there?
Under the state’s Shoreland Zoning Statutes, the shoreland
zone is generally defined as all areas located within 250
feet of rivers, lakes, ponds, some non-forested wetlands,
coastal waters, and within seventy-five feet of some
streams. However, each municipality adopts their own mapped
shoreland zone area. To determine if a project is located in
the shoreland zone and subject to law requirements, it is
best to consult with the municipality where a project is
located.
When do these requirements go into effect?
In order to provide sufficient time for all construction
companies to comply with provisions of the law, the
effective date of the certification requirement is
January 1, 2013.
How do you comply?
Compliance to law requirements can be accomplished in two
ways:
-
Company personnel involved in supervising work in
shoreland areas may become certified through the DEP’s
contractor certification program.
-
As an alternative, a company may choose to contract with
a certified individual to supervise the company’s work
in shoreland areas.
How do you become certified?
Certification is accomplished by attending a day-long
training program in Erosion Control Practices sponsored by
the DEP’s Nonpoint Source Training and Resource Center, and
successfully completing a construction site evaluation.
These courses are generally held from December through April
each year. A listing of courses can be found on the DEP
Website at maine.gov/dep/blwq/training/ schedule.htm or by
calling the Center at 287-7726.
If you have already attended
the training & have a project ready for evaluation please
call our office 324-0888 X
214 to schedule an appointment
Eligible projects must be
currently in the works.
Benefits to becoming certified:
Certification will entitle the holder to forgo the 14-day
waiting period for Stream Crossing Projects under the
Department's Permit-by-Rule program. It will also allow the
holder to certify erosion control plans under the MPDES
Construction Activity General Permit. Certification enables
a contractor to advertise as a “DEP Certified Contractor,”
and the Department maintains a list of certified contractors
that is posted on the DEP web site. This list is available
for distribution to the general public, state agencies and
other interested persons. All certified individuals can also
obtain any publication from the Nonpoint Source Training and
Resource Center Library at no charge and are eligible for
discounts from four suppliers of erosion control products.
Certification Revocation
Under certain circumstances, certification can be revoked.
Revocation is likely if a formal enforcement action is taken
against a certified contractor whose failure to employ
satisfactory erosion and sediment control practices results
in sedimentation of waterbodies or wetlands.
NOTE: Certification would not be revoked as a result
of sedimentation resulting from unusual storm events,
flooding or other conditions beyond the control of the
contractor.
York County
Soil & Water Conservation District
