reglab/housing_qa huggingface dataset:
GA Code § 12-5-46 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-46. Effect of Article on Rights of Action

 Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor shall any provision of this article be construed to prevent any person, as a riparian owner or otherwise, from exercising his rights to suppress nuisances or to abate any pollution.   (Ga. L. 1964, p. 416, § 17.)   Cross references.   - Property rights in water generally, T. 44, C. 8.    Diversion, obstruction, or pollution of stream as constituting trespass, § 51-9-7.   Law reviews.   - For article, "Water Rights, Public Resources, and Private Commodities: Examining the Current and Future Law Governing the Allocation of Georgia Water," see 38 Ga. L. Rev. 1009 (2004). For article, "Sharing Water Through Interbasin Transfer and Basis of Origin Protection in Georgia: Issues for Evaluation in Comprehensive State Water Planning for Georgia's Surface Water Rivers and Groundwater Aquifers," see 21 Ga. St. U.L. Rev. 339 (2004).   JUDICIAL DECISIONS   Intent of article.    - This article is not intended to alter the general rules of law in regard to the abatement of public or private nuisances. J.D. Jewell, Inc. v. Hancock, 226 Ga. 480, 175 S.E.2d 847 (1970) (see O.C.G.A. § 12-5-20 et seq.)   RESEARCH REFERENCES   ALR.    - Right of riparian owner to construct dikes, embankments, or other structures necessary to maintain or restore bank of stream or to prevent flood, 53 A.L.R. 1180; 23 A.L.R.2d 750.   Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.   Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.   Maintainability in state court of class action for relief against air or water pollution, 47 A.L.R.3d 769.   Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665.   Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685.
GA Code § 12-5-47 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-47. Emergency Orders; Hearing

 Whenever the division finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency, notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing as soon as possible. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it.   (Ga. L. 1964, p. 416, § 20.)   RESEARCH REFERENCES   C.J.S.   - 39A C.J.S., Health and Environment, § 120, 129.
GA Code § 12-5-48 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-48. Injunctive Relief

 Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the division may make application to the superior court of the county where such person resides, or if nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and restraining such act or practice. Upon a showing by the division 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 a lack of adequate remedy at law.   (Ga. L. 1964, p. 416, § 21.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61C Am. Jur. 2d, Pollution Control, § 1932 et seq.   C.J.S.   - 39A C.J.S., Health and Environment, §§ 141, 146.   ALR.    - Injunction against pollution of stream by private persons or corporations, 46 A.L.R. 8.   Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.   Pollution control: preliminary mandatory injunction to prevent, correct, or reduce effects of polluting practices, 49 A.L.R.3d 1239.
GA Code § 12-5-49 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-49. Representation of Division and Its Agents by Attorney General and His Staff

 It shall be the duty of the Attorney General to represent the division and its agents or designate some member of his staff to represent them in all actions in connection with this article.   (Ga. L. 1964, p. 416, § 19.)
GA Code § 12-5-50 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-50. Intent of Article as to Conflicts With Federal Laws and as to Eligibility of Division or Departments of State Government for Federal Funds; Remedial Action

 Nothing in this article is intended to conflict with any provision of federal law or result in loss of eligibility for any federal funds on the part of the division or any department of state government. In case such a conflict or loss of federal funds should occur by virtue of enactment of any portion of this article, then the division is authorized and empowered to take such action as may be necessary and to effect such changes within the division as may be necessary to prevent loss of such funds to the division or any department of state government affected and to secure to the same the full benefit of the federal laws.   (Ga. L. 1964, p. 416, § 31.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.   C.J.S.   - 39A C.J.S., Health and Environment, § 120.
GA Code § 12-5-51 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-51. Civil Liability

  Any person who intentionally or negligently causes or permits any sewage, industrial wastes, or other wastes, oil, scum, floating debris, or other substance or substances to be spilled, discharged, or deposited in the waters of the state, resulting in a condition of pollution as defined by this article, shall be liable in damages to the state and any political subdivision thereof for any and all costs, expenses, and injuries occasioned by such spills, discharges, or deposits. The amount of the damages assessed pursuant to this Code section shall include, but shall not be limited to, any costs and expenses reasonably incurred by the state or any political subdivision thereof, as the case may be, in cleaning up and abating such spills, discharges, or deposits, and any costs and expenses reasonably incurred in replacing aquatic life destroyed by such spills, discharges, or deposits. Damages to the state shall be recoverable in a civil action instituted in the name of the Environmental Protection Division of the Department of Natural Resources and shall be paid into the state treasury to the credit of the general fund. Damages to a political subdivision shall be recoverable in a civil action instituted by such subdivision.   Any person who intentionally, negligently, or accidentally causes or permits any toxic, corrosive, acidic, caustic, or bacterial substance or substances to be spilled, discharged, or deposited in the waters of the state, except by providential cause, in amounts, concentrations, or combinations which are harmful to the public health, safety, or welfare, or to animals, birds, or aquatic life, shall be strictly liable in damages to the state and any political subdivision thereof for any and all costs, expenses, and injuries occasioned by such spills, discharges, or deposits. Damages to the state shall be recoverable in a civil action instituted in the name of the Environmental Protection Division of the Department of Natural Resources and shall be paid into the state treasury to the credit of the general fund. Damages to a political subdivision shall be recoverable in a civil action instituted by such subdivision.    (Ga. L. 1971, p. 190, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.   61C Am. Jur. 2d, Pollution Control, § 1902.   8C Am. Jur. Pleading and Practice Forms, Drains and Drainage Districts, § 50.   ALR.   - Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.   Validity of state statutory provision permitting administrative agency to impose monetary penalties for violation of environmental pollution statute, 81 A.L.R.3d 1258.   Liability insurance coverage for violations of antipollution laws, 88 A.L.R.3d 182; 87 A.L.R.4th 444.
GA Code § 12-5-52 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 2 - Control of Water Pollution and Surface-Water Use|§ 12-5-52. Civil Penalty

  Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues.   The director, after a hearing, shall determine whether or not any person has violated any provision of this article or has, negligently or intentionally, failed or refused to comply with any final or emergency order of the director and may, upon a proper finding, issue his order imposing such civil penalties as provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Code Section 12-5-44. All penalties recovered by the director as provided by this article shall be paid into the state treasury to the credit of the general fund.    (Ga. L. 1971, p. 87, § 2; Ga. L. 1972, p. 999, § 1; Ga. L. 1974, p. 599, § 13; Ga. L. 1986, p. 350, § 4; Ga. L. 1990, p. 1211, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Special environmental projects in lieu of monetary penalties.   - Even though the Environmental Protection Division may authorize special environmental projects in lieu of unimposed or unaccrued monetary penalties, modification of a consent order to reduce fines imposed on a city and require that an amount equal to the reduction be spent on development of a proposed recreational park did not appear to be authorized. 1995 Op. Att'y Gen. No. U95-17.   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.   61C Am. Jur. 2d, Pollution Control, § 1895.   C.J.S.   - 39A C.J.S., Health and Environment, § 124.   ALR.   - Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.   Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
GA Code § 12-5-470 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-470. Short Title

 This article shall be known and may be cited as the "Georgia Water Supply Act of 2008."    (Code 1981, §12-5-470, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)   Law reviews.   - For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990).
GA Code § 12-5-470.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-470.1. Construction With Other Provisions

  The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state.   Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters.   Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto.   Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals.     (Code 1981, §12-5-470.1, enacted by Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-472.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-472.1. Procurement of Permits, Licenses, and Permissions; Designation of Principal State Agency

  The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing any projects within this state on behalf of local governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment of the director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects.   In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article.   The division shall be designated as the principal state agency to cooperate with the Environmental Protection Division of the department, the United States Army Corps of Engineers, and all other federal agencies or instrumentalities in the planning and execution of projects in this state.     (Code 1981, §12-5-472.1, enacted by Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-474 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-474. Rentals, Fees, and Other Charges; Deposit of Funds; Terms and Conditions for Use of Project

  The division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the division for the use of a project or part thereof or combination thereof, and for the goods and services provided by the division in conjunction with such use, as the division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain.   All those funds generated by the operation of the projects and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section 50-23-28.   The division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the division may determine necessary or appropriate, subject to the limitations provided for by this article.     (Code 1981, §12-5-474, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-475 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-475. Rules and Regulations

  It shall be the duty of the authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:   The division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of such county or municipality;   Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the division makes a final determination of the project site; and   At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the division makes a final determination of the project site.     It shall be the duty of the authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain.     (Code 1981, §12-5-475, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-476.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-476.1. Fees for Services

  The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government.   The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50.     (Code 1981, §12-5-476.1, enacted by Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-477 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-477. Supplemental Nature of Provisions

 The provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.    (Code 1981, §12-5-477, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-478 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-478. Liberal Construction

 This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes hereof.    (Code 1981, §12-5-478, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-480 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-480. Use of Services of Georgia State Financing and Investment Commission; Selection of Professional Services

 The division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Code Section 50-22-9 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority and consistent with any state-wide water plan provided pursuant to Article 8 of this chapter, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable.    (Code 1981, §12-5-480, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)
GA Code § 12-5-481 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 6 - Water Supply|§ 12-5-481. Legislative Findings

 It is found, determined, and declared that the carrying out of the purposes of the division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state.    (Code 1981, §12-5-481, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.)