1368

LAWS OF MARYLAND

Ch. 299

responsible persons involved in commercial earth moving
activity this program shall be expanded and made mandatory;
now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article — Natural Resources

8-1103. 1.

(A) IN THIS SECTION, "OPERATING PERSONNEL" MEANS ANY

OPERATOR OF HEAVY CONSTRUCTION EQUIPMENT UTILIZED IN

CLEARING, GRUBBING, AND GRADING ANY PHASE OF A CONSTRUCTION

PROJECT UNDER THIS SUBTITLE.

(A) IN THIS SECTION,___"RESPONSIBLE PERSONNEL" MEANS

ANY FOREMAN, SUPERINTENDENT, OR PROJECT ENGINEER WHO IS IN

CHANGE OF ON-SITE CLEARING AND GRADING OPERATIONS OR

SEDIMENT CONTROL ASSOCIATED WITH A CONSTRUCTION PROJECT.

(B) AFTER JULY 1, 1980, ANY APPLICANT FOR SEDIMENT
AND EROSION CONTROL PLAN APPROVAL SHALL CERTIFY TO THE
APPROPRIATE JURISDICTION THAT ANY CONTRACTOR, SUBCONTRACTOR,
OR OPERATING RESPONSIBLE PERSONNEL INVOLVED IN THE
CONSTRUCTION PROJECT WILL HAVE A CERTIFICATE OF ATTENDANCE
AT A DEPARTMENT OF NATURAL RESOURCES APPROVED TRAINING
PROGRAM FOR THE CONTROL OF SEDIMENT AND EROSION BEFORE

BEGINNING THE PROJECT. A CERTIFICATE SHALL BE VALID__FOR__A

3-YEAR PERIOD.__ A CERTIFICATE SHALL BE AUTOMATICALLY RENEWED

UNLESS THE DEPARTMENT NOTIFIES THE CERTIFICATE HOLDER THAT

ADDITIONAL TRAINING IS REQUIRED.

(C) THE APPROPRIATE SOIL CONSERVATION___DISTRICT___MAY

WAIVE THE REQUIREMENT OF THIS SECTION FOR THE RESPONSIBLE

PERSONNEL ON ANY PROJECT INVOLVING FOUR OR FEWER RESIDENTIAL

UNITS.

(C)(D) A SOIL CONSERVATION DISTRICT MAY CONDUCT A

TRAINING___PROGRAM FOR THIS CONTROL OF SEDIMENT AND EROSION

PROVIDING IT MEETS THE REQUIREMENTS SET BY THE DEPARTMENT OF
NATURAL RESOURCES.

(C) AFTER JULY 1, 1980, A STATE FUNDED PROJECT MAY

NOT BE AWARDED TO ANY CONTRACTOR OR SUBCONTRACTOR WHOSE

OPERATING PERSONNEL DO NOT HOLD CERTIFICATES OF ATTENDANCE

AT A DEPARTMENT OF NATURAL RESOURCES APPROVED TRAINING

PROGRAM FOR THE CONTROL OF SEDIMENT AND EROSION.

SECTION 2. AND BE IT FURTHER ENACTED,
shall take effect July 1, 1978.

That this Act

Approved May 2, 1978.