DEP
Consulting Professionals Task Force News
September 22, 2006 Meeting
Steve Pinette of S.W. Cole is joining the Task Force representing ACEC in place of Liz Champeon who is retiring.
Maine Association of Landscape Architects
Steve Ribble, ASLA of Ames A/E is a new Task Force member representing the Maine Association of Landscape Architects. He distributed a copy of a draft revision to the licensing statute governing Architects, Landscape Architects and Interior Designers.
They are proposing to change the law so Landscape Architecture is defined as a “practice” instead of a “title” which will enable them to better enforce their profession against unqualified persons.
They are also proposing to include some additional services under the practice of Landscape Architecture including: feasibility studies, erosion control and sedimentation plans, lighting plans, stormwater drainage, water features, irritation systems, pedestrian and vehicular circulation systems and related construction details.
There was some discussion among the Task Force members regarding the crossover between their profession and Civil Engineering. There was also some discussion regarding the section of the law, which deals with Corporations and Partnerships ability to practice Landscape Architecture. In order to do so at least 1/3 of Directors or Partners must be licensed Landscape Architects and another 1/3 must be licensed Engineers, Architects or Landscape Architects. It goes on to say if the number of Directors or Partners is not a multiple of 3, you do the division and round up.
This could lead to some troubling results. An example would be a firm with 4 principals/partners, 2 being Engineers and 1 Landscape Architect and 1 other. Under this law the firm could not legally practice Landscape Architecture unless it had 2 Landscape Architects. Another odd result would be if a firm had 1 Engineer, 1 Landscape Architect and 1 Architect; it could not add a single new partner without adding one from each profession simultaneously or it would be in violation of this statute.
I believe this issue warrants further study by the Board of ASCE and other Engineering Societies to determine if my analysis is correct and if so, some intervention in the legislative process may be warranted.
David Ladd NPDES Coordinator for DEP
David Ladd gave the Task Force an update on his work with the Multi-sector General Permit Process that was delegated to DEP by EPA in 2005. David is responsible for permitting of 28 industrial sectors, which prior to 2005 were under EPA jurisdiction and there was a high degree of non-compliance. He has been focusing on marinas and auto salvage yards for the last two years. There is now an annual permit fee which was $300 last year and has been reduced to $250 this year.
David has 2 full-time assistants and is trying to visit every facility at least twice during each 5-year permit cycle. He is finding many cases of gross non-compliance which results in as many as 10 follow-up visits. David has visited 2100 sites. Approximately 1500 were in compliance and 600 had no exposure. He plans to look at public works garages next.
Stormwater Law (Chapter 500/502) Revisions
DEP has posted proposed revisions to the Stormwater Law on it’s website (http://www.maine.gov/dep/blwq/rules/stormwater/2006/index.htm). They are now considered “minor technical” and are expected to be voted on by the Board of Environmental Protection in December.
The next Task Force meeting is scheduled for Friday, October 27th, 2006 from 9:30 a.m. until 12:00 noon at the DEP Response Building on the AMHI campus in Augusta.
Feedback
Please contact Dave Kamila or Kathy Kern at the address below to discuss these or any other issues you would like to bring to the attention of the Task Force.
David A. Kamila Kathy Kern
Land Use Consultants, Inc. MACTEC Engineering & Consulting, Inc.
966 Riverside Street 511 Congress Street
Portland, ME 04103 PO Box 7050
878-3313 voice Portland, ME 04112
878-0201 fax 775-5401
dkamila@landuseinc.net KEKern@mactec.com