reglab/housing_qa huggingface dataset:
GA Code § 12-5-189 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-189. Judgment in Accordance With Director's Order

 The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.   (Ga. L. 1977, p. 351, § 21.)   Law reviews.   - For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005). For annual survey of appellate practice and procedure, see 57 Mercer L. Rev. 35 (2005).   JUDICIAL DECISIONS   Generally.    - Because a city could have challenged an agency consent order under O.C.G.A. §§ 12-2-2(c) and50-13-19, but did not, the city's appeal of a judgment to enforce the consent order did not fall under O.C.G.A. § 5-6-35(a)(1), but arose from proceedings under O.C.G.A. § 12-5-189; since the city did not appeal the director's decision, the appellate issue was limited to the propriety of the judgment and not the correctness of the decision. City of Rincon v. Couch, 272 Ga. App. 411, 612 S.E.2d 596 (2005).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 359.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, §§ 329 et seq.
GA Code § 12-5-190 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-190. Legal Assistance by Attorney General

 It shall be the duty of the Attorney General to represent the director or the Board of Natural Resources or designate some member of his staff to represent either or both in all actions in connection with this part.   (Ga. L. 1977, p. 351, § 18.)   Cross references.   - Attorney General, T. 45, C. 15, A. 1.
GA Code § 12-5-191 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-191. Prohibited Acts

  Subject to subsection (b) of Code Section 12-5-179 it shall be unlawful for any person to own or operate a public water system without first having secured a permit for such operation from the director.   It shall be unlawful for an owner or operator of a public water system to commit or cause the commission of the following acts:   Failure to comply with the requirements of Code Section 12-5-184 or dissemination of any false or misleading information with respect to notices required pursuant to Code Section 12-5-184 or with respect to remedial actions being undertaken to achieve compliance with the Georgia primary drinking water regulations;   Failure to comply with regulations promulgated pursuant to this part or with conditions for variances or exemptions authorized under Code Section 12-5-178.      (Code 1933, § 88-2605, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1977, p. 351, § 14.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waterworks and Water Companies, § 39.   C.J.S.   - 94 C.J.S., Waters, §§ 543, 545.   ALR.   - Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.
GA Code § 12-5-192 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-192. Civil Penalties; Procedures for Imposing Penalty; Hearing; Review

    For any public water system serving 10,000 or more individuals, any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally 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 per day per violation.   For any public water system serving fewer than 10,000 individuals, any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally 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 the first day of each violation and a subsequent additional civil penalty not to exceed $500.00 per violation for each additional day during which the violation continues.   Any person willfully violating any provision of this part or any permit condition or limitation established pursuant to this part 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 $5,000.00 per day per violation.     Whenever the director has reason to believe that any person has violated any provision of this part or has negligently or willfully failed or refused to comply with any final order of the director, he or she may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provision of 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 or her initial decision imposing such civil penalties as are 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.    (Ga. L. 1977, p. 351, § 19; Ga. L. 1998, p. 1667, § 1.)   Law reviews.   - For review of 1998 legislation relating to conservation and natural resources, see 15 Ga. St. U.L. Rev. 21 (1998).   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waterworks and Water Companies, §§ 2, 39.   ALR.   - Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.   Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.
GA Code § 12-5-193 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-193. Criminal Penalty

 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.   (Ga. L. 1977, p. 351, § 22.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waterworks and Water Companies, § 39.   C.J.S.   - 94 C.J.S., Waters, §§ 543, 545.   ALR.   - Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.
GA Code § 12-5-200 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 6 - Water System Interconnection, Redundancy, and Reliability|§ 12-5-200. Legislative Findings

 The General Assembly finds that:    Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and   It is in the best interests of the State of Georgia for public water systems in the Metropolitan North Georgia Water Planning District to evaluate their withdrawal, treatment, and distribution systems and to take proactive measures to reduce the risk of catastrophic interruptions of water service during emergencies.     (Code 1981, §12-5-200, enacted by Ga. L. 2010, p. 204, § 2/SB 380.)
GA Code § 12-5-201 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 6 - Water System Interconnection, Redundancy, and Reliability|§ 12-5-201. Definitions

 As used in this part, the term:    "Authority" means the Georgia Environmental Finance Authority created by Code Section 50-23-3.   "District" means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572.   "Emergency plan" means the written emergency water supply plan developed as provided in Code Section 12-5-202.   "Essential water needs" means the minimum amount of water needed for residential and commercial means for food processing, drinking, toilet flushing, fire fighting, hospital use, and critical asset use and a portion of the system's unaccounted for water.   "Qualified system" means any public water system owned and operated by a city, county, or water authority in the district.     (Code 1981, §12-5-201, enacted by Ga. L. 2010, p. 204, § 2/SB 380.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2010, "the Georgia Environmental Finance Authority" was substituted for "the Georgia Environmental Facilities Authority" in paragraph (1).
GA Code § 12-5-203 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 6 - Water System Interconnection, Redundancy, and Reliability|§ 12-5-203. Technical Panel; Members; Preliminary Scope of Work Statement; Modifications

  There shall be a technical panel as provided in this subsection. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member of the technical panel, each of whom shall be the director of a public water system located within the district. The Governor, the President of the Senate, and the Speaker of the House of Representatives or such officers' designees shall also serve on the technical panel.   The authority and the technical panel shall use the provisions of Code Section 12-5-202 as a basis fully to define the water shortage scenarios to be evaluated in the emergency plan. The authority and the technical panel shall also prepare a preliminary scope of work statement for the plan consistent with the defined scenarios and Code Section 12-5-202.   The authority shall submit by July 15, 2010, the preliminary scope of work statement to the Governor, the President of the Senate, and the Speaker of the House of Representatives to receive authorization to issue a request for proposals based on such preliminary scope of work statement not later than September 1, 2010.   The authority shall modify the preliminary scope of work statement or the preparation of the emergency plan if specific water allocations are provided by final federal courts rulings, state compacts, or other mechanisms. The plan shall be based on such allocations.     (Code 1981, §12-5-203, enacted by Ga. L. 2010, p. 204, § 2/SB 380.)
GA Code § 12-5-204 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 6 - Water System Interconnection, Redundancy, and Reliability|§ 12-5-204. Completion and Submission of Emergency Plan; Costs

  The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management and Homeland Security Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011.   The authority shall update the emergency plan on the same schedule as updates for the district's water supply and water conservation management plans.   The costs of producing the emergency plan shall be borne by the authority.     (Code 1981, §12-5-204, enacted by Ga. L. 2010, p. 204, § 2/SB 380; Ga. L. 2016, p. 91, § 2/SB 416.)   Cross references.   - Loans and grants for reservoirs, § 50-23-28.1.
GA Code § 12-5-210 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 1 - General Provisions|§ 12-5-210. Development and Utilization of Coastal and Offshore Waters, Lands, and Resources; Delegation of Powers and Duties; Power to Make Contracts

  The department shall study and develop plans, proposals, reports, and recommendations for the development and utilization of the coastal and offshore lands, waters, and resources of this state.   The department may delegate to its officers, agents, and employees such powers and duties as it may deem proper to carry out the purposes of this part.   The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals, as shall be consonant with all the purposes of this part.    (Ga. L. 1967, p. 12, §§ 1, 4; Ga. L. 1969, p. 754, § 1.)
GA Code § 12-5-211 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 1 - General Provisions|§ 12-5-211. Receipt of Financial and Other Assistance; Plans and Proposals for Development and Utilization of Coastal and Offshore Resources; Coordination Between State Agencies; Reporting

 The department shall have the power:    To receive, for the purposes expressed in this part, funds, facilities, land, or other support, in any form, such as grants, allocations, gifts, exchanges, or rentals, from local, state, and federal governments; from nonprofit organizations and foundations; and from business firms and individuals;   To study and develop plans, proposals, reports, and recommendations for the development and utilization of the coastal and offshore lands and waters and other coastal and offshore resources of this state for the purpose of determining those uses which will produce the most beneficial economic, industrial, recreational, and aesthetic results; and to publish in print or electronically and make available reports or information in connection with such studies;   To coordinate plans between state agencies when such agencies have a common interest in matters affecting utilization or development of coastal or offshore lands, waters, and other resources; and   To prepare and furnish studies, reports, plans, and recommendations to any state agency, department, or commission requesting them in connection with development or utilization of coastal or offshore lands, waters, and other resources.    (Ga. L. 1967, p. 12, § 4; Ga. L. 1969, p. 754, § 3; Ga. L. 2010, p. 838, § 10/SB 388.)
GA Code § 12-5-212 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 1 - General Provisions|§ 12-5-212. Annual Report

 The department shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this part.The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient.   (Ga. L. 1967, p. 12, § 10; Ga. L. 2005, p. 1036, § 5/SB 49.)
GA Code § 12-5-213 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 1 - General Provisions|§ 12-5-213. Liberal Construction of Part

 This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.   (Ga. L. 1967, p. 12, § 11.)
GA Code § 12-5-230 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-230. Short Title

 This part shall be known and may be cited as the "Shore Protection Act."    (Code 1981, §12-5-230, enacted by Ga. L. 1992, p. 1362, § 1.)   Law reviews.   - For annual survey on local government law, see 66 Mercer L. Rev. 135 (2014).   JUDICIAL DECISIONS   Sovereign immunity barred injunctive relief.    - In a suit brought by an organization seeking to enjoin the Georgia Department of Natural Resources from issuing letters of permission authorizing land alterations, the appellate court erred by reversing the dismissal of the organization's claim for injunctive relief because sovereign immunity barred injunctive relief against the state at common law and the plain language of the Shore Protection Act, O.C.G.A. § 12-5-245, did not provide for a specific waiver of governmental immunity. Ga. Dep't of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 755 S.E.2d 184 (2014).    Cited in Ctr. for a Sustainable Coast, Inc. v. Ga. Dep't of Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).
GA Code § 12-5-233 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-233. Area of Operation of Part

 The area of operation of this part shall be:    The dynamic dune fields on the barrier islands of this state as determined by reference to Code Section 12-5-232. Such determination shall be made by the committee on the basis of site inspection and evaluation of other pertinent information as provided for in subsection (d) of Code Section 12-5-239;   The submerged shoreline lands of this state from the seaward limit of this state's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the south; and   If an area has dynamic dune fields as defined by Code Section 12-5-232, and marshlands as defined by Code Section 12-5-282, it is subject to the jurisdiction of this part and Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.     (Code 1981, §12-5-233, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2019, p. 493, § 2/HB 445.)    The 2019 amendment,  effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, substituted "committee" for "permit-issuing authority" in the middle of the second sentence of paragraph (1).   Editor's notes.   - Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." The Act was approved by the Governor on May 3, 2019.   Law reviews.   - For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).   JUDICIAL DECISIONS    Cited in Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980).
GA Code § 12-5-234 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-234. Powers and Duties of Department

  The department shall have the following authority:   To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part;   To accept moneys from persons, government units, and private organizations;   To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated pursuant to this part; provided, however, that all such actions shall be in the name of the department;   To make reasonable inspections of the lands within jurisdiction of this part to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued pursuant to this part are faithfully complied with;   To issue letters of permission and impose a reasonable fee for processing such letters of permission; and   To exercise all incidental powers necessary to carry out the purposes of this part.     The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.     (Code 1981, §12-5-234, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 2/HB 402.)
GA Code § 12-5-236 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-236. Rules and Regulations

 The board shall have the power to promulgate rules and regulations for the implementation and enforcement of this part consistent with the purpose of this part.    (Code 1981, §12-5-236, enacted by Ga. L. 1992, p. 1362, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39A C.J.S., Health and Environment, §§ 123, 126, 132, 135, 139.
GA Code § 12-5-240 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-240. Posting of Permit

 A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of and, within reasonable dimensions, the size of the sign.    (Code 1981, §12-5-240, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2019, p. 493, § 6/HB 445.)    The 2019 amendment,  effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, substituted "committee" for "permit-issuing authority" throughout this Code section.   Editor's notes.   - Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." The Act was approved by the Governor on May 3, 2019.
GA Code § 12-5-241 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-241. Local Shore Assistance Programs

 Reserved. Repealed by Ga. L. 2015, p. 385, § 2-3/HB 252, effective July 1, 2015.   Editor's notes.   - This Code section was based on Code 1981, § 12-5-241, enacted by Ga. L. 1992, p. 1362, § 1.   JUDICIAL DECISIONS    Cited in Ctr. for a Sustainable Coast, Inc. v. Ga. Dep't of Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).