2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-46 - Drilling permits

(a)
Before any well covered by this part, other than wells for the production of fresh water, may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $500.00 for each permit.
(b)
The director shall, within 30 days after the receipt of a properly completed application from any person desiring to drill a well covered by this part, issue a public notice for the permit application by posting such notice to the division website and by sending such notice via mail or email to any persons who have requested notification of permit applications from the division. The director shall allow for a 30 day public comment period to begin running from the date the public notice is posted on the division website and as outlined in subsection (c) of this Code section. The director shall review and consider the public comments received during the public comment period.
(c)
The permit applicant shall provide the director's public notice of the proposed well directly to property owners and residents who may be impacted by the issuance of the permit within ten days of the date of the public notice by, at a minimum:
(1)
Posting the public notice along the road nearest to the proposed well;
(2)
Providing the public notice to all persons owning real property within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole and any residence that has any drinking water wells within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole; and
(3)
Publishing the public notice in at least one legal organ in the county where the well will be located.
(d)
After considering the permit application, the director shall either issue or deny a permit for the well. The director shall notify the public of the final permit decision by posting the decision to the division website and by sending notice of the decision via mail or email to any persons who have requested notification of permit applications from the division.
(e)
In issuing or denying a permit for the drilling of a well covered by this part, the director shall consider the extent to which the proposed well complies with this part, all rules and regulations adopted and promulgated pursuant to this part, or any order under this part.
(f)
In issuing a permit for the drilling of any well covered by this part, the director shall specify therein such terms and conditions as he or she deems necessary to receive the permit and to lawfully operate thereunder. Permits shall include the following requirements:
(1)
Requirements for testing the integrity of well casings;
(2)
Requirements for maintenance and repair of roadways significantly impacted by drilling operations, including hydraulic fracturing activities; and
(3)
Requirements for buffers around wells and property line setbacks that are sufficient to protect affected property owners from any noise, light, water, or air pollution resulting from any drilling operations.
(g)
Any permit issued under this Code section shall become final unless any person named therein requests in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of such permit.
(h)
The director shall have the power and the authority to revoke a permit for noncompliance with any of the provisions of this part, any rules and regulations promulgated under this part, or the special conditions contained in any permit.
(i)
The issuance of a permit under this part in no way indicates a determination by the director as to property or contractual rights of the applicant to drill such a well at the designated location.
Amended by 2021 Ga. Laws 307,§ 12, eff. 5/10/2021.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.