The Draft Revisions of the three permits are currently going through a final review by Georgia EPD. United States EPA has approved the permits, and the final stage is to for the EPD Director to approve them. The previous permits expired on July 31st, and the new permits went into place on August 1st. A grace period for the implementation of the new BMPs has been set for each permit. For the infrastructure permit, the grace period runs through January 1st, 2009. For the common development and the stand-alone permits, the grace period runs through November 1st, 2008. EPD has developed a fact sheet and a power point presentation that outlines the revisions to the 2003 permits.
Forms for Stand Alone Permits
Forms for Infrastructure Permits
Forms for Common Development Permits
Particularly important within these new changes are the procedural changes that will affect bankers and lenders. This section in particular is worth noting:
“Where an Owner or an Operator or both changes after an NOI has been filed, the subsequent Owner or Operator or both must file a new NOI in accordance with this Part, at least seven (7) days before beginning work at the facility/construction site. In the event a lender or other secured creditor acquires legal title to thefacility/construction site, such party must file a new NOI in accordance with this Part by the earlier to occur of (a) seven (7) days before beginning work at the facility/construction site; or (b) thirty (30) days from acquiring legal title to the facility/construction site. Stabilization and BMP installation and/or maintenance measures of a disturbed site, by the subsequent Owner or Operator, may occur in advance of filing a new NOI, without violation of this permit.”
What this means is that the bank will become the named party in this state/federal permit, and becomes responsible for compliance with the permit conditions. This will include: establishing updates to the Erosion and Sedimentation Control Plan, re-establish “best management practices” and controls, conduct weekly and post-rainfall observations and sampling, and file the required reports. Additionally, the bank may become responsible for any fines or penalties that were applied to the site prior to their foreclosure.
The Council is planning a seminar on this topic later in the month, but we wanted to get this information to you ASAP.
EPD has established a website for up-to-date information about the revisions. Information can be obtained at www.georgiaepd.org/npdes