§4–104.

    (a)    In this section, “responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on–site clearing and grading operations or sediment control associated with a construction project.

    (b)    (1)    After July 1, 1983, any applicant for sediment and erosion control plan approval shall certify to the appropriate jurisdiction that any responsible personnel involved in the construction project will have a certificate of attendance at a Department approved training program for the control of sediment and erosion before beginning the project.

        (2)    A certificate shall be:

            (i)    Valid for a 3–year period; and

            (ii)    Automatically renewed unless the Department notifies the certificate holder that additional training is required.

    (c)    The appropriate governmental entity authorized to approve grading and sediment control plans may waive the requirement of this section for the responsible personnel on any project involving four or fewer residential units.

    (d)    Any person may develop and conduct a training program if the program content and instructor are approved by and meet the requirements set by the Department of the Environment.

    (e)    (1)    The Department may establish by regulation a fee for processing and issuing the certification.

        (2)    A fee established in accordance with this subsection shall be set at a rate that produces funds approximately the same as the cost of processing and issuing the certification.

        (3)    The Department shall deposit any fee collected in accordance with this subsection into the Maryland Clean Water Fund established under § 9–320 of this article.