reglab/housing_qa huggingface dataset:
GA Code § 12-5-374 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-374. Powers and Duties of Board as to Dams and Artificial Barriers

 In the performance of its duties, the board shall:    Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this part, including, but not limited to, the following:   Requiring that the engineer who provides engineering design services for a dam constructed after July 1, 1978, certify to the director that he is registered by the State of Georgia and that he has the necessary training and experience to design such dam, and requiring that the engineer attach such certification to the application for permit;   Requiring that, if the engineer determines that a geological investigation of the dam site is advisable, such investigation shall be conducted by a professional geologist registered to practice in the State of Georgia;   Requiring that the engineer who undertakes the design of a dam constructed after July 1, 1978, submit to the director all documentation of the analysis and calculations for such design and the as-built drawings for such dam;   Requiring that an approved plan for inspection and maintenance be put into effect by the owner or operator for any permitted dam;   Requiring that the owner of a dam immediately notify the division of the occurrence of symptoms of failure, including, but not limited to, erosion, surface cracks, seepage, settlement, or movement;   Requiring that prior to construction of a dam the owner shall provide the board of commissioners or other governing authority of the county in which the dam is to be constructed with the name and address of the person owning such dam and the person having direct responsibility for the operation of such dam. In addition, the owner shall have recorded on the official land plat for the county the location of such dam;     Establish by rule or regulation such criteria to be included in dam construction and operation application forms;   Establish by rule or regulation such standards necessary to govern the inspection of permitted dams; and   Adopt, modify, repeal, and promulgate such other rules and regulations relating to dam safety as are necessary and proper to carry out the purposes of this part, including Code Section 12-5-375.    (Ga. L. 1978, p. 795, § 12; Ga. L. 1982, p. 2339, §§ 6, 9; Ga. L. 1984, p. 454, § 3.)   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 207, 212 et seq.
GA Code § 12-5-376.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-376.1. Subclassification of Category I Dams by Director; Minimum Spillway Design Requirements

  For the purposes of this Code section:   "Acre-feet" means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372.   "Height" means the height of a dam determined in the manner described in paragraph (4) of Code Section 12-5-372.   "PMP" means probable maximum precipitation as determined by the United States Weather Service to be the greatest amount of rainfall of a six-hour duration which would be expected for a given location.     All category I dams identified by the commission pursuant to Code Section 12-5-375 shall be subclassified by the director as follows:   Small dams - Those with a storage capacity not exceeding 500 acre-feet and a height not exceeding 25 feet.   Medium dams - Those with a storage capacity exceeding 500 acre-feet but not exceeding 1,000 acre-feet or a height exceeding 25 feet but not exceeding 35 feet.   Large dams - Those with a storage capacity exceeding 1,000 acre-feet but not exceeding 50,000 acre-feet or a height exceeding 35 feet but not exceeding 100 feet.   Very large dams - Those with a storage capacity exceeding 50,000 acre-feet or a height exceeding 100 feet.  Based on visual inspection and detailed hydrologic and hydraulic evaluation, including documentation of competent original design and construction procedures, up to a 10 percent lower requirement (22.5, 30, 45, 90) can be accepted, at the discretion of the director, provided the project is in an acceptable state of maintenance. The design storm may also be reduced if the applicant's engineer can successfully demonstrate to the director by engineering analysis that the dam is sufficient to protect against probable loss of human life downstream at a lesser design storm.       (c) Permits issued pursuant to this part shall require minimum spillway design as follows:   (1) Small dams .............................................25 percent PMP (2) Medium dams ..........................................33.3 percent PMP (3) Large dams .............................................50 percent PMP (4) Very large dams .......................................100 percent PMP    (Ga. L. 1982, p. 2339, § 7; Code 1981, §12-5-376.1, enacted by Ga. L. 1982, p. 2339, § 14; Ga. L. 1983, p. 3, § 9; Ga. L. 1984, p. 22, § 12; Ga. L. 1984, p. 454, § 7; Ga. L. 1985, p. 149, § 12; Ga. L. 1988, p. 269, § 22.)   Law reviews.   - For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).
GA Code § 12-5-377 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-377. Dam Removal

  It shall be unlawful for the owner or operator of any dam for which a permit is required by this part to remove the dam without the approval of the director.   Prior to the commencement of removing any such dam, such owner or operator shall apply to the director on forms supplied by the division for permission to remove the dam.   Within 60 days after the receipt of a completed application for removal, the director shall approve, or approve subject to appropriate conditions, the applicant's request for removal.   Upon receipt of approval for removal, the removal shall be commenced as soon as practicable; and the impoundment shall be drained and the structure permanently breached.   Nothing in this part shall be construed to prevent the owner or operator of any impoundment from draining such impoundment without authorization from the director.    (Ga. L. 1978, p. 795, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waters, § 270.
GA Code § 12-5-378 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-378. Inspection of Dams and Other Barriers; Administrative Orders to Enforce Compliance; Emergency Action by Director

  The director or any authorized agency with which the director has entered into a contract on behalf of the division is authorized to make a visual inspection of any dam or other artificial barrier for which a permit is or may be required by this part and to enter on any property, public or private, at reasonable times without notice for the purpose of accomplishing such inspection. After any such visual inspection, and upon a finding by the director that a dam is not in compliance with any provision of this part or any rule or regulation promulgated hereunder, the director may issue an administrative order to the owner of such dam requiring such owner to undertake, at the owner's expense, such maintenance, alterations, repairs, reconstruction, change in construction or location, or removal as may be deemed necessary by the director, or the draining or lowering of the water level of the dam, within the time period specified in such administrative order.   Based upon a visual inspection of a dam, if the director determines that the dam is not in compliance with this part or any rule and regulation promulgated hereunder, and there is not sufficient time to issue an administrative order, the director may immediately take such measures as may be necessary to provide emergency protection to life or property, including lowering the reservoir level or destroying in whole or in part the barrier and impoundment. The costs of such emergency measures may be recovered by the state in an action brought in the superior court of the county in which the dam is located or the county of residence of the dam owner.    (Ga. L. 1978, p. 795, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 16A Am. Jur. 2d, Constitutional Law, §§ 338, 383 et seq. 42 Am. Jur. 2d, Inspection Laws, §§ 1, 2.
GA Code § 12-5-379 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-379. Investigations; Right of Access by Division; Right to Require Statements and Reports Regarding Construction and Operation of Dams; Refusal of Access or Interference

  The division shall have the right to direct and conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the employees of the division or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam or other artificial barrier dealt with in this part. Such employees or representatives shall also have the right to require written statements or the filing of reports with respect to pertinent questions relating to the construction or operation of any dam; provided, however, that no person shall be required to disclose any secret formula, processes, or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision.   It shall be unlawful for any person to refuse entry or access to any authorized representative of the division who requests entry for purposes of inspection and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties.    (Ga. L. 1978, p. 795, § 10.)   OPINIONS OF THE ATTORNEY GENERAL   Requirement of liability waivers restricts state's police power.   - Requiring the division personnel to sign waivers of liability for injuries to person or property sustained while on premises for the purpose of carrying out their duties of inspection constitutes an unreasonable restriction on the state's police power. 1976 Op. Att'y Gen. No. 76-121.   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Inspection Laws, §§ 1, 2.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 190.
GA Code § 12-5-380 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-380. Administrative and Judicial Review

 Any person who is aggrieved or adversely affected by an order or action of the director shall be entitled to administrative and judicial review in accordance with subsection (c) of Code Section 12-2-2.   (Ga. L. 1978, p. 795, § 11; Ga. L. 1980, p. 922, § 1; Ga. L. 1984, p. 454, § 8.)   Law reviews.   - For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 349, 385.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, § 366.
GA Code § 12-5-380.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-380.1. Orders of Director or Administrative Law Judge Filed in Superior Court; Effect of Filing

 The division may file in the superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains itsprincipal place of business a certified copy of a final order of the director or the administrative law judge unappealed from, or a final order of the administrative law judge affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect as though the judgment had been rendered in an action duly heard and determined by the court.    (Code 1981, §12-5-380.1, enacted by Ga. L. 1992, p. 1314, § 1.)
GA Code § 12-5-381 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-381. Injunctive Relief

 Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this part, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice, or for an order requiring compliance with this part. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.   (Ga. L. 1978, p. 795, § 15.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 353, 354.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 226. 73A C.J.S., Public Administrative Law and Procedure, §§ 575, 577.
GA Code § 12-5-382 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-382. Power of Commissioner of Transportation as to Contracts Relating to Part

 The commissioner of transportation is authorized to enter into contracts on behalf of the Department of Transportation with the division for the purpose of carrying out this part.   (Ga. L. 1978, p. 795, § 16; Ga. L. 1984, p. 454, § 9.)   Cross references.   - State transportation commissioner, Ga. Const. 1983, Art. IV, Sec. IV, Para. I.   Commissioner of transportation generally, T. 32.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 236, 251.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 184.
GA Code § 12-5-383 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-383. Liability for Damages

  Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the division for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this part, including specifically, but not limited to, any action taken or not taken by the board or its members, the director, the division, its officers or employees, or its representatives pursuant to Code Section 12-5-375. Nothing in this part and no order, action, or advice of the director or the division or any representative thereof shall be construed to relieve a dam owner or operator of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.   Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the commission. No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section 12-5-375.    (Ga. L. 1978, p. 795, § 4; Ga. L. 1984, p. 454, § 10; Ga. L. 1988, p. 269, § 23.)   Cross references.   - Liability of persons constructing dams for damages resulting from manner of construction or operation of dam, § 44-8-4.   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 101, 102, 107, 111, 121, 128, 129.   C.J.S.   - 81A C.J.S., States, §§ 541 et seq., 560, 562, 565, 567.   ALR.   - Applicability of rule of strict or absolute liability to overflow or escape of water caused by dam failure, 51 A.L.R.3d 965.
GA Code § 12-5-384 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-384. Conformance to and Compliance With Part Required

 It shall be unlawful for any person to own, construct, operate, or remove a dam or other artificial barrier dealt with in this part, except in such a manner as to conform to and comply with this part and with all rules, regulations, orders, and permits established under this part.   (Ga. L. 1978, p. 795, § 5.)
GA Code § 12-5-385 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-385. Criminal and Civil Penalties

  Any person who engages in any action made unlawful by this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense.   As an alternative to criminal enforcement pursuant to subsection (a) of this Code section, the director may impose civil penalties in accordance with the following provisions:   Any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or willfully failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which the violation continues;   Whenever the director has reason to believe that any person has violated any provision of this part or any permit condition or limitation established pursuant to this part or has negligently or willfully failed or refused to comply with any final order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon a finding that such person has violated any provision of this part or any permit condition or limitation established pursuant to this part or has negligently or willfully failed or refused to comply with a final order of the director, the hearing officer shall issue his initial decision imposing such civil penalties as are provided in paragraph (1) of this subsection. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2.      (Ga. L. 1978, p. 795, § 14.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 721. 21A Am. Jur. 2d, Criminal Law, § 844. 73 Am. Jur. 2d, Statutes, § 186.   C.J.S.   - 36A C.J.S., Fines, §§ 1, 2, 3, 8, 9. 73 C.J.S., Public Administrative Law and Procedure, § 226.   ALR.   - Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.
GA Code § 12-5-400 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 4 - Development of Chattahoochee River Basin|§ 12-5-400. Short Title

 This part shall be known and may be cited as the "Chattahoochee River Basin Act."   (Ga. L. 1967, p. 805, § 1.)
GA Code § 12-5-401 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 4 - Development of Chattahoochee River Basin|§ 12-5-401. Purpose

 It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Chattahoochee River and its tributaries. By way of illustration and not of limitation, the department shall encourage and promote the development of navigation to Atlanta, trade and other commercial facilities, flood control, water supply, pollution abatement, hydroelectric power generation, recreation, protection and propagation of fish and wildlife, and the proper flow of dam-controlled water discharges.   (Ga. L. 1967, p. 805, § 3.)
GA Code § 12-5-402 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 4 - Development of Chattahoochee River Basin|§ 12-5-402. Powers and Duties of Department

  In carrying out its purposes under this part, the department shall have the following powers:   To administer all funds available to the department under this part;   To accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out any of its functions under this part;   To accept gifts, bequests, devises, and endowments to be used in carrying out the purposes of this part;   To act either independently or jointly with any other state department or with any commission, board, or institution of the state in order to carry out its powers and duties under this part;   To request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work. All such agencies and authorities shall within a reasonable time furnish such requested available information to the department;   To make such recommendations and reports to the Governor and to the General Assembly as it deems necessary or advisable, in addition to the annual report required as provided in subsection (b) of this Code section;   To contract with political subdivisions of the State of Georgia and with private persons and corporations pursuant to its functions under this part;   To do all other things necessary and proper to exercise its powers and perform its duties to effectuate the purposes of this part.     The department shall have the following duties under this part:   To formulate, in cooperation with other state agencies, agencies of the United States government, and interested organizations and citizens of the State of Georgia, a comprehensive program and plan for the development of the Chattahoochee River Basin;   To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient.      (Ga. L. 1967, p. 805, §§ 4, 6; Ga. L. 1972, p. 1015, § 1505; Ga. L. 2005, p. 1036, § 7/SB 49.)
GA Code § 12-5-420 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 5 - Development of Altamaha River Basin|§ 12-5-420. Short Title

 This part shall be known and may be cited as the "Altamaha River Basin Act."   (Ga. L. 1970, p. 632, § 1.)