reglab/housing_qa huggingface dataset:
GA Code § 12-13-14 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-14. Corrective Action for Violations of Chapter, Rules and Regulations, or Orders and for Release of Regulated Substance Into Environment

  Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred, he shall attempt to remedy the same by conference, conciliation, or persuasion. In case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the order. An order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-13-16.   Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, or persuasion.In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any current owner or operator or any past owner or operator who has contributed to such release.The order may direct that necessary corrective action may be taken within a reasonable time to be prescribed in the order.     (Code 1981, §12-13-14, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1994, p. 804, § 9.)   Editor's notes.   - Ga. L. 1994, p. 804, § 14, not codified by the General Assembly, provides for severability.
GA Code § 12-13-15 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-15. Injunctions and Restraining Orders

 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 would constitute a violation of this chapter, the rules and regulations, or any order or permit conditions, he may make application to the superior court of the county in which the violative act or practice has been or is about to be engaged in or in which the owner or operator resides for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations, or the order; and upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.    (Code 1981, §12-13-15, enacted by Ga. L. 1988, p. 2072, § 1.)
GA Code § 12-13-16 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-16. Hearings and Review

 All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in such Code section is to the exclusion of all other means of hearing or review.    (Code 1981, §12-13-16, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1989, p. 14, § 12.)
GA Code § 12-13-17 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-17. Judgment in Accordance With Division's Order

 Any order of a hearing officer issued after a hearing as provided in Code Section 12-13-16 or any order of the director issued pursuant to Code Section 12-13-14, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to Code Section 12-13-16, from which no further review is taken or allowed under Code Section 12-13-16 may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the director in superior court of the county wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The superior court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall be the same as though said judgment had been rendered in an action duly heard and determined by such court.    (Code 1981, §12-13-17, enacted by Ga. L. 1988, p. 2072, § 1.)
GA Code § 12-13-18 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-18. Required Compliance With Chapter; Proof That Petroleum Subjected to Environmental Fee; Violations of Chapter; Access to Property

  It shall be unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter.The owner or operator of any underground storage tank for petroleum shall maintain proof that all petroleum stored in such tank after July 1, 1988, was subjected to the environmental fee imposed in subsection (a) of Code Section 12-13-10.   Notwithstanding the provisions of subsection (a) of this Code section, it shall be a violation of this chapter to:   Cause or permit the release of a regulated substance from an underground storage tank into the environment; or   Install an underground storage tank that does not meet the minimum standards pursuant to this chapter or the rules promulgated pursuant to this chapter.     Any real property owner adjoining a leaking underground storage tank site who refuses to allow either the owner or operator or the division, through its agents or contractors, access for purposes of providing corrective action for any pollution that may have migrated onto the adjoining real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of that pollution plume should it migrate off that real property onto the real property of another.     (Code 1981, §12-13-18, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1994, p. 804, § 10.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "July 1, 1988" was substituted for "the effective date of this chapter" in the second sentence of present subsection (a).   Pursuant to Code Section 28-9-5, in 1992, "1988," was substituted for "1988" in the second sentence of subsection (a).   Editor's notes.   - Ga. L. 1994, p. 804, § 14, not codified by the General Assembly, provides for severability.
GA Code § 12-13-20 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-20. Emergency Orders; Hearing

 Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately.Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours.On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it.    (Code 1981, §12-13-20, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1994, p. 804, § 13.)   Editor's notes.   - Ga. L. 1994, p. 804, § 14, not codified by the General Assembly, provides for severability.
GA Code § 12-13-21 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-21. Public Access to Records

  Any records, reports, or information obtained from any person pursuant to this chapter shall be available to the public, except that upon a showing satisfactory to the director by any person that such records, reports, or information or a particular part thereof to which the director or any officer, employee, or representative thereof has access pursuant to this chapter, if made public, would divulge information entitled to protection under 18 U.S.C. Section 1905, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that statute. However, such confidential record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the State of Georgia or the United States concerned with carrying out this chapter or the federal act or, when relevant, in any proceedings under this chapter or the federal act.   In submitting information pursuant to this chapter, a person required to provide such information may:   Designate the information which such person believes is entitled to protection under this Code section; and   Submit such designated information separately from other data submitted under this Code section.       (Code 1981, §12-13-21, enacted by Ga. L. 1988, p. 2072, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "Section" was inserted following "U.S.C." in subsection (a).
GA Code § 12-13-22 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 13 - Underground Storage Tanks|§ 12-13-22. Representation by Attorney General

 It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter.    (Code 1981, §12-13-22, enacted by Ga. L. 1988, p. 2072, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7 Am. Jur. 2d, Attorney General, § 6.
GA Code § 12-14-2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 14 - Oil or Hazardous Material Spills or Releases|§ 12-14-2. Reporting Spilled or Released Oil or Hazardous Substance; Promulgation of Rules and Regulations by Board of Natural Resources

 Oil or any hazardous substance spilled or released shall be reported under Code Section 12-14-3.The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter.    (Code 1981, §12-14-2, enacted by Ga. L. 1988, p. 354, § 1; Ga. L. 1991, p. 1371, § 2.)   RESEARCH REFERENCES   ALR.   - Necessity of proof of scienter under statute fixing criminal penalties for hazardous waste violations (42 USCS § 6928(d)), 106 A.L.R. Fed. 836.
GA Code § 12-14-3 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 14 - Oil or Hazardous Material Spills or Releases|§ 12-14-3. Notification of Environmental Protection Division of Spill or Release; Exceptions; Development of Procedures to Notify Other Governmental Agencies

  Any person owning or having control over any oil or hazardous substance who has knowledge of any spill or release of such oil or who has knowledge of any spill or release of such hazardous substance in a quantity equal to or exceeding the reportable quantity or who has knowledge of a spill or release of an unknown quantity of oil or a hazardous substance shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release.   This Code section shall not apply to:   The application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136, et seq., or the Georgia Pesticide Control Act, Code Section 2-7-50, et seq., or both, when the application of such pesticide is made in a manner consistent with its label or labeling; or   Air emissions from animal waste, including decomposing animal waste, at a farm.     The division shall develop procedures to provide notice to other state, federal, or local governmental agencies.     (Code 1981, §12-14-3, enacted by Ga. L. 1988, p. 354, § 1; Ga. L. 1991, p. 1371, § 3; Ga. L. 2019, p. 565, § 2/HB 223.)    The 2019 amendment,  effective July 1, 2019, added subsection (b); and redesignated former subsection (b) as present subsection (c).
GA Code § 12-17-1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-1. Definitions

 As used in this chapter, the term:    "Board" means the Board of Natural Resources.   "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.   "Division" means the Environmental Protection Division within the Department of Natural Resources.   "Existing petroleum pipeline" means a petroleum pipeline constructed and in use prior to January 1, 2016.   "Expansion" means a modification to an existing petroleum pipeline within the existing easement or right of way that increases the supply of petroleum by:   Increasing the diameter of an existing petroleum pipeline; or   Constructing a parallel petroleum pipeline.     "Extension" means a modification to an existing petroleum pipeline that increases the length or footprint of the existing petroleum pipeline by a distance greater than one linear mile.   "Maintenance" means:   The care or upkeep of an existing petroleum pipeline and its appurtenances;   The replacement of an existing petroleum pipeline within the same easement or right of way; or   The relocation of an existing petroleum pipeline for repair within one linear mile of the existing petroleum pipeline's alignment.     "New petroleum pipeline" means a petroleum pipeline that was not constructed and in use prior to January 1, 2016. The term "new petroleum pipeline" shall not include an expansion, an extension, or any maintenance.   "Parallel petroleum pipeline" means a petroleum pipeline that runs side by side to an existing petroleum pipeline.   "Petroleum pipeline" means a fixed conduit constructed to transport petroleum or petroleum products in or through this state.   "Petroleum pipeline company" means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate petroleum pipelines for the transportation of petroleum and petroleum products.     (Code 1981, §12-17-1, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)
GA Code § 12-17-2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-2. Permit Required

 On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the director as provided in this chapter. No construction activity on any portion of a new petroleum pipeline or any extension shall occur unless and until such permit is obtained. Such permit shall be required without regard to whether the petroleum pipeline company intends to exercise any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and shall be in addition to any other permits or authorization required under this title or any other provision of state or federal law.    (Code 1981, §12-17-2, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)
GA Code § 12-17-3 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-3. Permit Application Requirements; Notice

  Any application to the division for a permit under this chapter shall contain, at a minimum, the following:   Siting information, including, but not limited to, a map showing the proposed location of the route of the new petroleum pipeline or of the extension;   Information obtained from a cultural resource assessment conducted along the proposed route of the new petroleum pipeline or of the extension;   Information as to geological and hydrologic features along the proposed route of the new petroleum pipeline or of the extension;   Information on the presence of threatened and endangered species along the proposed route of the new petroleum pipeline or of the extension;   Environmental information described in 40 C.F.R. Sections 1502.12 through 1502.18 as such provisions existed on January 1, 2017, to the extent required by rules and regulations of the board;   Evidence of financial responsibility by the petroleum pipeline company; and   Any other information that the board may require by rules and regulations.     Within ten days of applying for a permit, the applicant shall provide:   Public notice in the legal organ of each county through which the proposed route of the new petroleum pipeline or of the extension is to be located; and   Written notice of the filing of an application under this Code section to all landowners whose property is located within 1,000 feet of the proposed route of the new petroleum pipeline or of the extension. Such notice shall be delivered to each landowner and contain the following language in boldface type:  "YOUR PROPERTY IS LOCATED WITHIN 1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS."        (Code 1981, §12-17-3, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)
GA Code § 12-17-4 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-4. Considerations in Permitting

  In making the decision as to whether to grant any permits required by this chapter, the director shall determine whether the portion of the petroleum pipeline for which the permit is sought is consistent with and not an undue hazard to the environment and natural resources of this state after consideration of the following factors:   The information required to be contained in the petroleum pipeline company's application under Code Section 12-17-3;   The direct environmental impacts of the proposed new petroleum pipeline or the proposed extension;   Alternative alignments to the proposed new petroleum pipeline or the proposed extension;   Public comment; and   Such other factors that the director deems reasonable and applicable or that the board by rules and regulations has established in order to protect the best interests of this state, its citizens, and its natural resources.     The applicant shall bear the burden of proof to demonstrate that the director should issue a permit as provided under this chapter.   The director's decision shall be based on the record before the director, which shall include, but not be limited to, the applicant's submissions, written comments submitted to the director, and research the director may conduct in analyzing the application.     (Code 1981, §12-17-4, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)
GA Code § 12-17-5 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-5. Aggrieved or Adversely Affected Defined; Administrative Review

  As used in this Code section, the term "aggrieved or adversely affected" means a challenged action has caused or will cause persons injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the provisions of this chapter that the director is empowered to administer and enforce.   Any person who is aggrieved or adversely affected by a decision or action of the director under this chapter shall, upon filing a petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the director, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.     (Code 1981, §12-17-5, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)
GA Code § 12-17-6 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 17 - Petroleum Pipelines|§ 12-17-6. Regulations for Enforcement

  No later than July 1, 2018, the board shall, pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," promulgate such rules and regulations as are necessary and reasonable for purposes of enforcement of this chapter, which shall include, but may not be limited to:   The submission of a permit application and provisions for the application review process, not to exceed 150 days in length;   Provisions for a nonrefundable application fee which shall be sufficient to defray the administrative costs of review of the application by the division;   Reasonable public notice of the filing of permit applications to any landowner who, after reasonable efforts, cannot personally be given the notice required in subsection (b) of Code Section 12-17-3;   Provisions for public meetings to be held prior to any action on any permits; and   Evidence of financial responsibility as required by paragraph (6) of subsection (a) of Code Section 12-17-3.     No permit shall be granted by the division prior to the promulgation of rules and regulations as provided for in this Code section; provided, however, that once such rules and regulations have been promulgated and applications are accepted for filing, if any application is not approved or is denied within 150 days of the date such application is filed with the division under Code Section 12-17-3, the application shall be deemed to be approved by operation of law.     (Code 1981, §12-17-6, enacted by Ga. L. 2017, p. 744, § 1/HB 413.)