reglab/housing_qa huggingface dataset:
GA Code § 12-5-101 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-101. 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 any violation of this part, the director may make application to the superior court of the county where such person resides, or if the person is a nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in any such act or practice, for an order enjoining and restraining such act or practice, and, 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 a lack of adequate remedy at law.   (Ga. L. 1972, p. 976, § 8; Ga. L. 1973, p. 1273, § 22.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 240.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 87 et seq., 144 et seq.   ALR.   - Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.
GA Code § 12-5-103 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-103. Representation of Department by Attorney General

 It shall be the duty of the Attorney General to represent the department and its agents or designate some member of his staff to represent them in all actions in connection with this part.   (Ga. L. 1973, p. 1273, § 25.)   Cross references.   - Attorney General, T. 45, C. 15, A. 1.
GA Code § 12-5-104 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-104. Effect of Part on Other Laws

 Nothing contained in this part shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this state.   (Ga. L. 1972, p. 976, § 12.)
GA Code § 12-5-106 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-106. Civil Penalties; Procedure for Imposing Penalties; Hearing; Judicial Review

  Any person violating this part or intentionally or negligently 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 such violation continues.   Whenever the director has reason to believe that any person has violated this part or has negligently or intentionally failed or refused to comply with any final order of the director, the director may request a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that the person has violated this part or has negligently or intentionally 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 this Code section. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2, and also, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19.    (Ga. L. 1973, p. 1273, § 23.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 383.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, §§ 256, 257, 329 et seq.
GA Code § 12-5-107 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-107. Criminal Penalty

 Any person violating any of the provisions of this part shall be guilty of a misdemeanor.   (Ga. L. 1972, p. 976, § 8; Ga. L. 1982, p. 3, § 12.)
GA Code § 12-5-120 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-120. Short Title

 This part shall be known and may be cited as the "Water Well Standards Act of 1985."   (Ga. L. 1976, p. 974, § 1; Ga. L. 1985, p. 1192, § 1.)
GA Code § 12-5-121 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-121. Legislative Intent

 It is the intent of the General Assembly to provide in this part for the application of standards for the siting, construction, operation, maintenance, and abandonment of wells and boreholes so as to protect the public health and the water resources of this state.   (Ga. L. 1976, p. 974, § 2; Ga. L. 1985, p. 1192, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waters, § 219.
GA Code § 12-5-124 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-124. Powers and Duties of Council Generally

 In carrying out this part, the council shall have the following powers and duties:    To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council and to carry out such other powers and duties assigned to the council under this part. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act";   To pay into the state treasury all fees and moneys received by it;   To adopt and have an official seal;   To set the amount of all fees required by this part;   To license water well contractors and certify pump contractors;   To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part;   To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and   To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells.    (Ga. L. 1977, p. 1506, § 4; Ga. L. 1977, p. 1520, § 5; Ga. L. 1985, p. 1192, § 1; Ga. L. 2001, p. 315, § 3; Ga. L. 2003, p. 607, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 45, 50, 62.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 75 et seq., 147.
GA Code § 12-5-125 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-125. License Requirement; Drilling Under Direction of Professional Geologist or Engineer

 Except as provided in subsection (f) of Code Section 12-5-127, no person shall drill a water well or geothermal borehole without first having a water well contractor's license issued by the council. No person, including licensed water well contractors, shall drill any kind of well, borehole, or corehole, other than a water well or geothermal borehole, unless such person is acting under the direction of a professional geologist or a professional engineer.    (Code 1981, §12-5-125, enacted by Ga. L. 1985, p. 1192, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 2010, p. 254, § 2/HB 1206.)   Editor's notes.   - Ga. L. 1985, p. 1192, § 1 repealed former Code Section12-5-125 and enacted the present Code section. The former Code section pertained to the council's duty to study the need for standards and rules and regulations as to water wells and to make recommendations to the General Assembly and was based on Ga. L. 1976, p. 974, § 5, and Ga. L. 1977, p. 1506, § 3. For present provisions regarding such standards and rules and regulations, see §§ 12-5-124 (paragraphs (5) and (6)) and12-5-134.   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 207, 212 et seq.
GA Code § 12-5-126 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-126. Director as Administrative Agent; Administrative Duties of Division; Orders, Notices, and Processes

  The director or his designee shall act as the administrative agent for the council.   The division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the consent of the council; to schedule a time and place for all hearings; to issue certificates upon authority of the council; and to collect all fees and to remit them to the state treasury.   All orders and processes of the council shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the council may be served upon the director.    (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1; Ga. L. 1996, p. 6, § 12.)   Cross references.   - General duties of division director, authority of division director as to determination of expiration, renewal, and penalty dates of licenses, §§ 43-1-3,43-1-4.
GA Code § 12-5-128 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-128. Contents of License; Display

  The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council chairman and the chief administrative officer of the council. This license shall be displayed in a conspicuous place at the operator's principal place of business.   All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle the name of the contractor and shall likewise display the appropriate water well contractor's license number.    (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1.)   RESEARCH REFERENCES   C.J.S.   - 53 C.J.S., Licenses, § 62.
GA Code § 12-5-130 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-130. Expiration and Renewal of Licenses; Replacement of Lost, Destroyed, or Mutilated Licenses

 All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee not exceeding $400.00 per renewal period as prescribed by the division. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council.   (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1; Ga. L. 2001, p. 315, § 6; Ga. L. 2003, p. 607, § 6.)   RESEARCH REFERENCES   C.J.S.   - 53 C.J.S., Licenses, § 76 et seq.
GA Code § 12-5-131 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-131. Notifying Contractors of Changes in Rules and Regulations

 The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.   (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 207, 210.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 257 et seq.
GA Code § 12-5-131.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-131.1. Licensing Requirements for Drilling Well on Own Property; Water Well Contractors Completing Electrical or Plumbing Work Incidental to Drilling and Construction of Well

  Nothing in this part shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence. A person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a license as a water well contractor.   Notwithstanding any other provisions of law, a person licensed as a water well contractor pursuant to Code Section 12-5-127 is not required to be licensed under Chapter 14 of Title 43, when in the course of constructing a water well, he or she makes certain electrical or plumbing connections or performs other electrical or plumbing work incidental to the drilling and construction of the well; provided, however, that any such electrical and plumbing work meets or exceeds all applicable local, state, or federal codes, whichever is most stringent.     (Code 1981, §12-5-131.1, enacted by Ga. L. 2001, p. 315, § 7.)
GA Code § 12-5-132 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-132. Effect of Part

  Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title.   Nothing in this part shall affect the regulation of ground-water use by the division pursuant to Part 2 of this article.    (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1; Ga. L. 1986, p. 10, § 12.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "ground-water" was substituted for "ground water" in subsection (b).
GA Code § 12-5-133 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-133. Penalty; Evidence of Violation of Part

  Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense.   In order to prove a violation of this part, it shall not be necessary for a state or local enforcement official to actually observe a well being drilled by a person who does not possess a valid license as required by this part. Other evidence of a violation of this part, including, but not limited to, bills, invoices, photographs, proposals, or any form of advertising, may be sufficient for a conviction.    (Ga. L. 1977, p. 1506, § 4; Ga. L. 1985, p. 1192, § 1; Ga. L. 2001, p. 315, § 8; Ga. L. 2015, p. 693, § 3-10/HB 233.)   Editor's notes.   - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting.    - Georgia Crime Information Center is not authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 12-5-133. 2001 Op. Att'y Gen. No. 2001-11.   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Licenses and Permits, § 175.   C.J.S.   - 53 C.J.S., Licenses, § 139.
GA Code § 12-5-133.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-133.1. Civil Penalties; Hearing

  In addition to the provisions of Code Section 12-5-133, any person violating any provision of this part or the rules or regulations effective under this part shall be liable for a civil penalty not to exceed $5,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.   Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part, he or she may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this part or any rule or regulation effective under this part, the hearing officer shall issue his or her decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2.   In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:   The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply;   The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;   The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with this part or to correct the violation or failure;   Any prior violations of or failures by such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the director or the council;   The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and   The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure.       (Code 1981, §12-5-133.1, enacted by Ga. L. 2001, p. 315, § 9.)
GA Code § 12-5-136 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-136. Compliance With Standards and Licensing Requirements; Inspections; Action by Director if Well Not Up to Standard

  All water well contractors or other persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a professional engineer or professional geologist as set forth in Code Section 12-5-125.   The director or designated representatives of the division shall conduct inspections of wells and boreholes of all types to determine compliance with construction standards established in this part. Such inspections may be made in response to requests from the council or from any person who has reason to believe a well or borehole does not comply with the standards. The director may also select wells and boreholes to inspect at random.   The director or designated representatives of the division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions of wells, methods of drilling, and records relating to the drilling and abandonment of wells and boreholes.   The director shall report the results of all inspections to the respective driller, contractor, or person responsible for the drilling and to the council.   The director shall notify the driller, contractor, or person responsible for the drilling and the council that a portion of bondedness or line of credit in such amount as necessary to provide corrective action may be assessed if that person does not bring the well or borehole up to the standards described in this part within 30 days.   If a well or borehole is not brought up to the standards described in this part within this 30 day notification period, the director may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.     (Code 1981, §12-5-136, enacted by Ga. L. 1985, p. 1192, § 1.)
GA Code § 12-5-137 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 3 - Water Well Standards|§ 12-5-137. Forfeiture of Contraband Equipment

 All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required by this part are declared to be contraband subject to forfeiture in accordance with Chapter 16 of Title 9.    (Code 1981, §12-5-137, enacted by Ga. L. 1985, p. 1192, § 1; Ga. L. 2001, p. 4, § 12; Ga. L. 2015, p. 693, § 3-11/HB 233.)   Editor's notes.   - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
GA Code § 12-5-150 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 4 - Artesian Wells|§ 12-5-150. Conditions Under Which Artesian Wells Must Be Tapped

 The owner of any real property in this state on which any free-flowing artesian well is located or any person having immediate supervision over any real property in this state on which any free-flowing artesian well is located shall have any such artesian well tapped or shall otherwise stop the flow of any such well, except when in use, when the following conditions exist:    When the flow of any such artesian well is greater than one inch in diameter; and   When any such artesian well is located within a one-half-mile radius of any other free-flowing well.    (Ga. L. 1969, p. 669, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waters, § 219.   ALR.    - Right to conduct and use artesian water out of artesian basin, 31 A.L.R. 906.