reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-106 - Civil penalties; procedure for imposing penalties; hearing; judicial review

(a)
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.
(b)
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
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-107 - Criminal penalty

Any person violating any of the provisions of this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-108 - [Repealed Effective 1/1/2029] [Issuance of water permits to private companies in areas where no public service can be provided within period of 18 months]

(a)
Notwithstanding any other provision of law to the contrary, a person to whom the division has delegated authority to provide water for consumptive use within the coastal aquifers of the state may obtain a permit from the division for consumptive use of water or expansion of existing services and facilities for consumptive use of water without a letter of concurrence from any local government or other public entity which has the power to provide water for consumptive use, provided that the following conditions are met:
(1)
Said local government or other public entity lacks the capability or permitted capacity to provide the water service requested in writing by a person seeking such service within a period of 18 months from the date of such request; and
(2)
Said person with delegated authority has the capability and permitted ground water capacity to provide water service as requested by such person seeking such service within a period of 18 months from the date of such request.
(b)
This Code section shall stand repealed on January 1, 2029.
Added by 2024 Ga. Laws 595,§ 1, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-120 - Short title

This part shall be known and may be cited as the "Water Well Standards Act of 1985."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-124 - Powers and duties of council generally

In carrying out this part, the council shall have the following powers and duties:
(1)
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";
(2)
To pay into the state treasury all fees and moneys received by it;
(3)
To adopt and have an official seal;
(4)
To set the amount of all fees required by this part;
(5)
To license water well contractors and certify pump contractors;
(6)
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;
(7)
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
(8)
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.
Amended by 2003 Ga. Laws 251, § 3, eff. 7/1/2003.
Amended by 2001 Ga. Laws 180.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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.
Amended by 2010 Ga. Laws 411,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-126 - Director as administrative agent; administrative duties of division; orders, notices, and processes

(a)
The director or his designee shall act as the administrative agent for the council.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-128 - Contents of license; display

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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.
Amended by 2003 Ga. Laws 251, § 6, eff. 7/1/2003.
Amended by 2001 Ga. Laws 180.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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

(a)
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.
(b)
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.
Added by 2001 Ga. Laws 180, § 7, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-132 - Effect of part

(a)
Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title.
(b)
Nothing in this part shall affect the regulation of ground-water use by the division pursuant to Part 2 of this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-133 - Penalty; evidence of violation of part

(a)
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.
(b)
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.
Amended by 2015 Ga. Laws 98,§ 3-10, eff. 7/1/2015.
Amended by 2001 Ga. Laws 180, § 8, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-133.1 - Civil penalties; hearing

(a)
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.
(b)
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
.
(c)
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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
(6)
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.
Added by 2001 Ga. Laws 180, § 9, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 12-5-136 - Compliance with standards and licensing requirements; inspections; action by director if well not up to standard

(a)
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
.
(b)
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.
(c)
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.
(d)
The director shall report the results of all inspections to the respective driller, contractor, or person responsible for the drilling and to the council.
(e)
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.
(f)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 3 - WATER WELL STANDARDS (§§ 12-5-120 — 12-5-138) › Section 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.
Amended by 2015 Ga. Laws 98,§ 3-11, eff. 7/1/2015.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 4 - ARTESIAN WELLS (§§ 12-5-150 — 12-5-153) › Section 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:
(1)
When the flow of any such artesian well is greater than one inch in diameter; and
(2)
When any such artesian well is located within a one-half-mile radius of any other free-flowing well.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 4 - ARTESIAN WELLS (§§ 12-5-150 — 12-5-153) › Section 12-5-151 - Wells on government property

In the event the State of Georgia or any agency thereof or any political subdivision of this state owns any real property affected by the provisions of Code Section
12-5-150
, it shall be the duty of the person or persons having immediate supervision of such real property to comply with the requirements of Code Section
12-5-150
but the expenses involved in so complying shall be borne by the state agency or the political subdivision owning such real property, as the case may be.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 4 - ARTESIAN WELLS (§§ 12-5-150 — 12-5-153) › Section 12-5-152 - Applicability of part

This part shall not apply to any free-flowing artesian well which is in constant use for the purpose of watering and cooling livestock or for the purpose of supplying water to any public swimming pool.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 4 - ARTESIAN WELLS (§§ 12-5-150 — 12-5-153) › Section 12-5-153 - Penalty

It shall be the duty of any person owning or having supervision of any real property affected by this part to comply with the requirements of this part by not later than January 1, 1970. Any such person failing to comply with such requirements by such date shall be guilty of a misdemeanor. After such date, each day of continuing failure to comply with such requirements shall constitute a separate offense.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-170 - Short title

This part shall be known and may be cited as the "Georgia Safe Drinking Water Act of 1977."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-171 - Declaration of policy; legislative intent; Environmental Protection Division to administer part

As a guide to the interpretation and application of this part, it is declared to be the policy of the State of Georgia that the drinking waters of the state shall be utilized prudently to the maximum benefit of the people and that the quality of such waters shall be considered a major factor in the health and welfare of all people in the State of Georgia. To achieve this end, the government of the state shall assume responsibility for the quality of such waters and the establishment and maintenance of a water-supply program adequate for present needs and designed to care for the future needs of the state.
This requires that an agency of the state be charged with this duty and that it have the authority to require the use of reasonable methods, that is, those methods which are economically and technologically feasible, to ensure adequate water of the highest quality for water-supply systems. Because of substantial and scientifically significant variations in the characteristics, usage, and effect upon public interest of the various surface and underground waters of the state, uniform requirements will not necessarily apply to all waters or segments thereof. It is the intent of this part to confer discretionary administrative authority upon such agency to take the above and related circumstances into consideration in its decisions and actions in determining, under the conditions prevailing in specific cases, those procedures to best protect the public interests.
The Environmental Protection Division of the Department of Natural Resources shall be the state agency to administer the provisions of this part consistent with the above-stated policy.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-173 - Designation of division as state agency to receive financial aid from federal government and other sources

The division shall be designated as the state agency to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of water-supply quality control, administration of the state's water-supply program, administration of any federal or state water-supply grant program, or any purposes relating to the furnishing of water by public water systems.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-174 - Powers and duties of Board of Natural Resources as to public water systems

(a)
In the performance of its duties, the Board of Natural Resources shall:
(1)
Establish by rule or regulation standards of quality for water that will be distributed in public water systems;
(2)
Establish by rule or regulation such policies, requirements, or standards governing the source, collection, distribution, purification, treatment, and storage of water for public water systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this part;
(3)
Adopt, modify, repeal, and promulgate such rules and regulations, including but not limited to the Georgia primary drinking water regulations, as are necessary for the proper administration of this part, which rules and regulations shall be applicable throughout the state and shall govern the installation, use, and operation of systems; cross-connection control; quality control; laboratory certification; and methods and means for treating and furnishing water to the public by way of public water systems;
(4)
Adopt, modify, repeal, and promulgate Georgia secondary drinking water regulations at such time as, in the judgment of the director or the administrator, they are necessary to protect the public welfare.
(b)
The powers and duties enumerated in subsection (a) of this Code section may be exercised and performed by the Board of Natural Resources through such duly authorized agents and employees as it deems fit and proper.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-175 - Fluoridation of public water systems; state funds for cost of fluoridation equipment, chemicals, and materials; tax deduction for fluoride-removing devices

(a)
The Board of Natural Resources shall have the power to require, by regulation, fluoridation of potable public water supplies in incorporated communities lying wholly within this state, provided that in no case should such fluoridation be required at a level greater than one part per million parts of water; provided, further, that any municipality or county and its water system can remove themselves from the terms of this part by referendum called by petition of 10 percent of the registered voters in such political subdivision who voted in the last general election. This applies to a referendum for or against fluoridation.
(b)
No incorporated municipality, county, or public or private water authority shall be required to comply with subsection (a) of this Code section unless the state has made available funds for the cost of the fluoridation equipment, the installation of such equipment, and the materials and chemicals required for six months of fluoridation of such potable public water supplies.
(c)
Any person who is deemed allergic to fluoridated water and who finds it necessary, upon the advice of a physician or upon approval by the Department of Public Health, to purchase a device to remove the fluoride from the water may treat the cost of the device as a tax-deductible medical expense.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-177 - Enforcement of rules and regulations; minimum requirements for and applicability of Georgia primary drinking water regulations; records and reports

(a)
The director shall enforce all rules and regulations promulgated and adopted pursuant to this part.
(b)
The Georgia primary drinking water regulations shall be no less stringent than the complete interim or revised national primary drinking water regulations adopted pursuant to the federal act.
(c)
The Georgia primary drinking water regulations shall apply to each public water system in the state, except that such regulations shall not apply to a public water system which:
(1)
Consists only of distribution and storage facilities and which does not have any collection and treatment facilities;
(2)
Obtains all of its water from, but is not owned or operated by, the owner or operator of a public water system to which such regulations apply;
(3)
Does not sell water to any persons; and
(4)
Is not a carrier which conveys passengers in intrastate commerce.
(d)
The director shall initiate procedures for the enforcement of the rules and regulations promulgated and adopted pursuant to this part, including, but not necessarily limited to, monitoring and inspection procedures.
(e)
The director shall keep such records and make such reports with respect to his activities under subsections (a) and (d) of this Code section as may be required by regulations established by the administrator pursuant to the federal act.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-178 - Variances and exemptions

The director may authorize variances or exemptions from the regulations promulgated pursuant to this part under such conditions and in such manner as he deems necessary and desirable; provided, however, that such variances or exemptions shall not be permitted under conditions which are less stringent than the conditions under which variances and exemptions may be granted under the federal act.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-180 - Duty of permit applicants and holders to supply information as required by director

(a)
Any applicant for a permit whose application is pending final consideration shall upon request of the director provide such additional information as may be necessary to complete final disposition of the application.
(b)
Any permit holder shall on request of the director furnish such information as is reasonably necessary and pertinent to enable the director to discharge his duties under this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-180.2 - Fire sprinkler protection systems; limitation on fee for water service

(a)
The purpose of this Code section is to encourage the use of fire sprinkler protection systems.
(b)
No county, municipal, or other public water system shall charge or assess a separate fee for water service for fire sprinkler protection systems for more than the costs to provide such service.
Added by 2018 Ga. Laws 400,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-181 - Inspections and investigations by division

The director or any agents or employees 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, processes, methods of treatment, and records relating to the operation of any public water system, or in order to test any feature of a public water system, including its raw water source.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-182 - Powers of director as to protection of public from contaminants presenting imminent and substantial danger

The director, upon receipt of information that a contaminant is present in or is likely to enter a public water system and that such contaminant may present imminent and substantial danger to the public health, may take such authorized action as he may deem necessary in order to protect the public health. The actions which the director may take include, but shall not be limited to, issuing such orders as may be necessary to protect the health of persons who are or may be users of such system, including travelers; commencing actions under Code Section
12-5-187
; and commencing a civil action for appropriate relief, including, but not limited to, an action to obtain a restraining order or temporary or permanent injunction.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-183 - Plan for emergency provision of water

The director shall develop an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the director, emergency circumstances exist in the state with respect to a need for safe drinking water, he may take such actions as he may deem necessary in order to provide such water where it otherwise would not be available.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-184 - Notice of violations, variances, and exemptions involving public water systems

Whenever a public water system:
(1)
Is not in compliance with the Georgia primary drinking water regulations, including, but not limited to, failure to comply with a maximum contaminant level;
(2)
Fails to perform monitoring required by regulations adopted pursuant to this part;
(3)
Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4)
Is subject to an exemption from a maximum contaminant level; or
(5)
Fails to comply with the requirements prescribed by a variance or exemption,
the owner or operator of such system shall as soon as practicable notify the local public health department, the director, and communications media serving the area served by the system, of the nature, extent, and possible adverse health effects of such situation. Such notice shall also be given by the owner or operator of such system in a form and manner and to the extent reasonably prescribed by the director, which shall, at a minimum, include publication in a newspaper of general circulation within the area served by such water system at least once every three months so long as the violation, variance, exemption, or other such situation continues. Such notice shall also be included with the water bills of the system so long as such situation continues, as follows: If the water bills of a public water system are issued more often than once every three months, such notice shall be included in at least one water bill of the system for each customer every three months; if the system issues its water bills less often than once every three months, such notice shall be included in each of the water bills issued by the system for each customer; provided, however, that the director may prescribe in regulations alternative notice requirements.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-185 - Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director

(a)
Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.
(b)
Any order issued by the director under this part shall be signed by the director.
(c)
Any order or permit issued by the director shall become final unless the person or persons named therein files with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-186 - Hearings; judicial review

Hearings on contested matters and judicial review of final orders, permits, or other enforcement actions under this part shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-187 - Emergency orders; hearing; review

Whenever the director finds that an emergency exists requiring immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the provisions of Code Sections
12-5-185
and
12-5-186
, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but shall be afforded a hearing within 20 days of the issuance of same. Notice of the time and place of such hearing shall be specified in such order. The hearing shall be conducted by a hearing officer appointed by the Board of Natural Resources. Based upon findings adduced at such hearing, the order shall be modified, revoked, or continued by the hearing officer as he deems appropriate. Review of the hearing officer's decision shall be conducted in accordance with subsection (c) of Code Section
12-2-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-188 - 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 an unlawful action under this part, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in or in which jurisdiction is appropriate for an order enjoining such act or practice, or for an order requiring compliance with the part; 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 lack of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-191 - Prohibited acts

(a)
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.
(b)
It shall be unlawful for an owner or operator of a public water system to commit or cause the commission of the following acts:
(1)
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;
(2)
Failure to comply with regulations promulgated pursuant to this part or with conditions for variances or exemptions authorized under Code Section
12-5-178
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 12-5-192 - Civil penalties; procedures for imposing penalty; hearing; review

(a)
(1)
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.
(2)
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.
(3)
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.
(b)
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
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 5 - PUBLIC WATER SYSTEMS (§§ 12-5-170 — 12-5-193) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 6 - WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY ACT (§§ 12-5-200 — 12-5-204) › Section 12-5-200 - Legislative findings

The General Assembly finds that:
(1)
Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and
(2)
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.
Added by 2010 Ga. Laws 397,§ 2, eff. 6/4/2010.