York County Soil & Water Conservation District

 

21Bradeen St Suite 104

Springvale, ME 04083

(207) 324-0888

(207) 324-4822 Fax

 

 

 Contractor Certification

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Contractor Certification Program

 

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. 

 

 

 

The York County Soil & Water Conservation District is a Non-Profit Organization all proceeds from our fundraising efforts are used to promote conservation and the wise use of our natural resources. The York County SWCD is an equal opportunity provider and employer.