GA Code § 12-5-102 (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|§ 12-5-102. Emergency Orders; Restrictions; Hearing; Appeal; Use by Certain Entities

  After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the division deems necessary to meet the emergency. Such order shall, except as to farm uses, be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it.   Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right.   During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use.   The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.   The use of ground water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility:   Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and   Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this paragraph shall apply on and after the effective date of such board rules and regulations.     The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare.    (Ga. L. 1973, p. 1273, § 24; Ga. L. 1988, p. 1694, § 7; Ga. L. 2008, p. 322, § 2/SB 466; Ga. L. 2008, p. 814, § 3/HB 1281.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, subsection (e), as enacted by Ga. L. 2008, p. 814, § 3/HB 1281, was redesignated as subsection (f).    The enactment of subsection (f) of this Code section by Ga. L. 2008, p. 322, § 2/SB 466, irreconcilably conflicted with and was treated as superseded by Ga. L. 2008, p. 814, § 3/HB 1281. See County of Butts v. Strahan, 151 Ga. 417 (1921).   JUDICIAL DECISIONS   Inapplicable to city's application for groundwater withdrawal permit.    - O.C.G.A. §§ 12-5-102(c) and12-5-105(b)(4) were inapplicable to a consideration of a city's application for a groundwater withdrawal permit because there was no showing that an emergency period of water shortage existed. City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).