reglab/statecodes huggingface dataset:
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-74 - Promulgation of rules and regulations by Board of Natural Resources

The Board of Natural Resources shall promulgate such rules and regulations as may be necessary to effectuate this part in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-76 - Substitution of mined areas

An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the division.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-77 - Renewal or replacement of revoked permit; mining on unauthorized site

An operator whose permit has been revoked pursuant to this part shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the director of the division of his ability and intent to comply fully with this part with respect to the affected land under the revoked permit and the new or renewed permit. Mining by a permitted operator on an unauthorized site while holding other valid surface mining permits shall constitute prima-facie evidence of violation of approved mining land use plans, and any and all surface mining permits which an operator may hold may be suspended or revoked by the director or his authorized representative.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-78 - Appeal to superior court

Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the division shall have the right to appeal to the superior court of the county of the residence of such party. Such appeal shall be by petition which shall be filed in the office of the clerk of such court within 30 days after the final order or action of the division. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court. No bond or cash shall be forfeited during an appeal. Upon the filing of such petition, the petitioner shall serve a copy thereof on the director of the division in the manner prescribed by law for the service of process.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-79 - Injunctive relief

Whenever it shall appear to the division that any person, firm, or corporation or any agent, officer, or director of any person, firm, or corporation has violated any of the provisions of this part, the division, on its own motion or on the verified complaint in writing of any person, may file an equitable petition in its own name in the superior court of any county in this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, or their agents, officers, and directors, restraining them from violating the provisions of this part. Upon proof of a violation, the court shall issue such restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the petitioner has no adequate remedy at law.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-80 - Removal of minerals, ores, and other solid matter as prima-facie evidence of surface mining

In any contested case under this part, whether administrative, civil, or criminal in nature, a showing of the removal of minerals, ores, and other solid matter from the premises in question shall constitute prima-facie evidence of surface mining.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-81 - Judgment pursuant to order

The director of the division may file in the superior court of the county wherein the mining operator under order resides, or if such mining operator 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 issued pursuant to this part which is unappealed from, or of a final order issued pursuant to this part which is affirmed upon appeal, whereupon such 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 such 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 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-82 - Applicability of part

This part shall not apply to surface mining activities of the Department of Transportation incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. The provisions of this Code section shall also extend to any person, firm, or corporation contracting with the Department of Transportation to construct, repair, or maintain public roads, provided that such contracts contain standards for the reclamation of the affected surface mining area; provided, further, that such standards have been approved by the division.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-83 - Civil penalty; procedure for imposing penalties; hearing; judicial review; disposition of recovered penalties

(a)
Except as provided in subsection (c) of this Code section, any mining operator violating any provision of this part or any of the rules and regulations promulgated pursuant to this part, or who negligently or intentionally fails or refuses to comply with any final order of the director of the division, 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)
Except as provided in subsection (c) of this Code section, whenever the director of the division has reason to believe that any mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant to this part, or has negligently or intentionally failed or refused to comply with any final order of the director, the director may request and shall receive a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant to 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
. All civil penalties recovered by the director shall be paid into the state treasury to the credit of the general fund; provided, however, that where civil penalties are recovered by the director from a mining operator for his failing or refusing to obtain a permit in accordance with Code Section
12-4-75
or for his failing or refusing to complete any of his responsibilities under a mining land use plan after having been issued a permit, the director may expend as he deems appropriate that portion of such recovered civil penalties as is necessary to provide for reclamation, reconditioning, or rehabilitation of the affected land not otherwise reclaimed, reconditioned, or rehabilitated by such mining operator.
(c)
This Code section shall not apply to a mining operator who has a valid permit and who is bonded in accordance with this part.
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 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-84 - Criminal penalty

Any person who engages in surface mining in violation of this part or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day of noncompliance after notification shall be considered a separate offense.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 1 - PHOSPHATES (§§ 12-4-100 — 12-4-103) › Section 12-4-100 - Licenses to dig, mine, and remove phosphate deposits; restrictions on license holders

Whenever any person discovers phosphate rock or phosphatic deposits in the navigable streams or waters of this state or in any public land on their banks or margins and files with the Secretary of State notice of such discovery and a description of the location thereof, he shall be entitled to receive from the Secretary of State a license giving him or his assigns the exclusive right, for ten years from the date of the license, of digging, mining, and removing from such location and from an area for a distance of five miles in any or all directions therefrom the phosphate rock and phosphatic deposits that may be found therein, provided that persons receiving or holding such licenses shall in no way interfere with the free navigation of the streams and waters or the private rights of any citizen residing on or owning the lands upon the banks of such navigable rivers and waters; provided, further, that as long as the license remains in effect, no person, natural or artificial, shall have the privilege of locating a claim within 20 miles of any other claim for which he has received a license.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 1 - PHOSPHATES (§§ 12-4-100 — 12-4-103) › Section 12-4-101 - Annual mining fee; license fee; affidavit and bond

(a)
Licenses shall be granted upon the express condition that the grantees shall pay to the Office of the State Treasurer the sum of $1.00 per ton for every ton of phosphate rock and phosphatic deposit mined and removed from the navigable rivers and waters of this state and the banks and margins thereof. This sum shall be paid on October 1 of every year and shall cover the amount of phosphate rock and phosphatic deposit mined and removed during the preceding year.
(b)
An applicant shall pay to the Office of the State Treasurer the sum of $100.00 as a license fee before commencing business.
(c)
Before commencing operations, a license holder shall file or cause to be filed with the Office of the State Treasurer an affidavit and bond in the penal sum of $20,000.00. The affidavit and bond shall be approved by the Attorney General and shall be conditioned on the holder's making true and faithful reports to the Office of the State Treasurer annually on or before October 1, or more frequently if required by the Office of the State Treasurer, of the number of tons of phosphate rock and phosphatic deposits mined and removed by the holder from the beds of the navigable streams and waters and the banks or margins thereof and also conditioned on the holder's punctually paying to the Office of the State Treasurer the sum required by subsection (a) of this Code section.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 1 - PHOSPHATES (§§ 12-4-100 — 12-4-103) › Section 12-4-102 - Lapse of license

Any license granted under this part shall lapse and become void unless within three years from the date of the granting of the license the privileges granted shall be utilized and work in good faith shall be commenced.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 1 - PHOSPHATES (§§ 12-4-100 — 12-4-103) › Section 12-4-103 - Penalty

Any person who is not engaged in the prosecution of lawfully authorized searches and who digs, mines, removes, or cleanses phosphate rock or phosphatic deposits from the beds of the navigable streams of this state or from any public lands on the banks and margins thereof without having first obtained a license as required by Code Section
12-4-100
shall be guilty of a misdemeanor.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 2 - GOLD (§§ 12-4-120 — 12-4-122) › Section 12-4-120 - Duties of purchasers of gold bullion, dust, nuggets, or amalgam

Every person purchasing within this state native gold, gold bullion, gold dust, gold nuggets, or gold amalgam shall keep in a book a register of the date of purchase, amount purchased, name of seller, and lands from which the gold was obtained. On or by the first day of January, April, July, and October of each year, every such purchaser shall file with the judge of the probate court of the county of his residence a copy of the register kept for the previous quarter.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 2 - GOLD (§§ 12-4-120 — 12-4-122) › Section 12-4-121 - Annual reports by judges of probate court

No later than January 15 of each year, each judge of the probate court with whom a register has been filed pursuant to Code Section
12-4-120
shall, by certified copy, make a report to the state geologist of the registers received by that judge during the preceding year. The state geologist shall keep a record of the report open for public inspection.
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 3 - PHOSPHATES AND GOLD (§§ 12-4-100 — 12-4-122) › Part 2 - GOLD (§§ 12-4-120 — 12-4-122) › Section 12-4-122 - Penalty

Any person who purchases native gold, gold bullion, gold dust, gold nuggets, or gold amalgam and who fails to comply with Code Section
12-4-120
relating to such purchases shall be guilty of a misdemeanor.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-140 - Short title

This article shall be known and may be cited as the "Cave Protection Act of 1977."
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-141 - Legislative purpose

The State of Georgia finds that caves are uncommon geologic phenomena and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unusual and of limited numbers, and many are rare and endangered species, and that caves are a natural conduit for ground-water flow and are highly subject to water pollution, which has far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of this state and the intent of this article to protect these unique natural resources.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-142 - Definitions

As used in this article, the term:
(1)
"Cave" means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole, and grotto.
(2)
"Commercial cave" means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.
(3)
"Gate" means any structure or device located so as to limit or prohibit access or entry to a cave.
(4)
"Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and specifically includes the state and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the state.
(5)
"Sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink, or sink.
(6)
"Speleothem" means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, stalagmites, stalactites, helectites, anthodites, gypsum flowers, gypsum needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, and flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals.
(7)
"Wildlife" means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the Board of Natural Resources and includes, but is not restricted to, quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks, or any part thereof.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-143 - Defacing or disturbing natural condition of cave; breaking or tampering with gates, doors, or other device controlling or preventing access to caves; trespass

(a)
It shall be unlawful for any person, without the express written permission of the owner, willfully or knowingly to:
(1)
Break, break off, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural or archeological material therein, including speleothems;
(2)
Disturb or alter in any manner the natural condition of any cave;
(3)
Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained; or
(4)
Enter a cave posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave.
(b)
Any person who violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-144 - Sale or offer to sell speleothems

(a)
It shall be unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside this state without the express written permission of the owner of the cave from which such speleothems were obtained.
(b)
Any person violating this Code section shall be guilty of a misdemeanor.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-145 - Storing hazardous or detrimental chemicals or materials in caves or sinkholes; dumping or disposing of garbage, dead animals, or similar materials in caves or sinkholes

(a)
It shall be unlawful to store in caves or sinkholes any chemicals or other materials which may be detrimental or hazardous to caves or sinkholes, to the mineral deposits therein, to the wildlife inhabiting caves, to the waters of the state, or to the persons using such phenomena for any purposes.
(b)
It shall be unlawful to dump, litter, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, trash, or other such similar waste materials in any quantity in any cave or sinkhole.
(c)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-146 - Killing, harming, removing, or disturbing wildlife found in a cave

(a)
It shall be unlawful to remove, kill, harm, or disturb any wildlife found within any cave, provided that nothing contained in this Code section shall be construed to repeal Code Section
27-2-12
, relating to scientific collectors' permits, or any rules or regulations promulgated pursuant thereto, or any federal or state laws relating to the protection of certain plants or animals.
(b)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
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 4 - CAVE PROTECTION (§§ 12-4-140 — 12-4-147) › Section 12-4-147 - Liability of owners of caves for injuries

(a)
Neither the owner of a cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using such cave for recreational or scientific purposes if the prior consent of the owner has been obtained and if no charge has been made for the use of such features and notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.
(b)
Neither the owner of a commercial cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications, and such negligence shall be the proximate cause of the injury.
(c)
Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state or any of its boards, departments, bureaus, or agencies.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-1 - Water Resources Center - Establishment and operation by Georgia Institute of Technology; purposes

The Georgia Institute of Technology shall establish and operate a center to be known as the Water Resources Center or such other name as may be approved by the Board of Regents of the University System of Georgia. Such center will be for the purpose of conducting research, investigations, experiments, and training in relation to water and resources which affect water. The center shall publish in print or electronically and otherwise make available its findings, conclusions, and recommendations arising from the research and projects conducted by such center.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-2 - Water Resources Center - Receipt of funds and grants

The center is authorized to make application for and receive from the federal government such funds and grants as shall be made available under the Water Research and Development Act of 1978,
42 U.S.C. Section 7801
, et seq., and to utilize and disburse such funds for such purposes and projects as will carry out the purposes of the center. The center is also authorized to utilize such moneys as may be made available to it for this purpose as matching funds to federal moneys for necessary expenses of specific water resources research projects which could not be otherwise undertaken under normal grants from the federal government.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-3 - Water Resources Center - Power to enter into contracts, agreements, and participation arrangements

The center is authorized to enter into contracts, agreements, and arrangements with other colleges and universities for participation in the work of the center. The center shall also be authorized to enter into contracts and agreements with the federal government, with political subdivisions of this state, with private firms, foundations, or institutions, or with individuals for specific research into any aspects of water problems as may be related to the purposes 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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-4.1 - Adoption of minimum standards and best practices for improving efficiency and effectiveness of water use; requirements

(a)
As used in this Code section, the term:
(1)
"Division" means the Environmental Protection Division of the Department of Natural Resources.
(2)
"Public water system" means a system for the provision to the public of piped water for human consumption, if such system regularly serves at least 3,300 individuals. Such term includes but is not limited to any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
(b)
The Board of Natural Resources shall by January 1, 2011, adopt rules for the minimum standards and best practices for monitoring and improving the efficiency and effectiveness of water use by public water systems to improve water conservation. The best practices program shall include without limitation:
(1)
The establishment of an infrastructure leakage index;
(2)
The establishment of categories of public water systems based on geographical size and service population;
(3)
A phased-in approach requiring public water systems to conduct standardized annual water loss audits according to the International Water Association water audit method/standard and to submit those audits to the division;
(4)
A phased-in approach requiring public water systems to implement water loss detection programs; and
(5)
The development of a technical assistance program to provide guidance to public water systems for water loss detection programs, to include without limitation metering techniques, utilization of portable and permanent water loss detection devices, and funding when available.
By January 1, 2012, public water systems serving at least 10,000 individuals shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. By January 1, 2013, all other public water systems shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. Audit results shall be submitted to the division within 60 days of completion and shall be posted on the division's website in a timely manner after receipt by the division.
Added by 2010 Ga. Laws 542,§ 3, eff. 6/4/2010.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-5 - Local water authorities allowed to establish program for voluntary contributions to conservation and environmental projects

Any local water authority created pursuant to an Act of the General Assembly shall have the authority to solicit and receive from its customers voluntary donations to be used for such programs and projects as the authority may designate designed to protect and improve the quality of the waters of the state. Each such authority shall have the authority to establish and operate one or more such programs or projects.
Added by 2001 Ga. Laws 287, § 1, 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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-6 - Installation and definition of "rain sensor shut-off switch"; penalty for violations

(a)
As used in this Code section, the term "rain sensor shut-off switch" means an electric device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has fallen.
(b)
(1)
On and after January 1, 2005, no person shall install within the Metropolitan North Georgia Water Planning District area created under Article 10 of this chapter any landscape irrigation system equipped with an electronic controller that does not have a rain sensor shut-off switch.
(2)
Paragraph (1) of this subsection shall not apply to either landscape irrigation systems installed on golf courses or any system dependent upon a nonpublic water source.
(c)
(1)
Any person who installs a landscape irrigation system equipped with an electronic controller in violation of this Code section shall be liable for a civil penalty not exceeding $100.00 per violation.
(2)
The magistrate and municipal courts shall have jurisdiction in such cases.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Added by 2004 Ga. Laws 584, § 1, eff. 7/1/2004.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-8 - Rules and regulations relating to drought management

Not later than June 30, 2009, the board shall adopt new rules and regulations relating to drought management consistent with this chapter and any state-wide water management plan under Article 8 of this chapter. Such rules and regulations shall include but not be limited to provisions for a drought response committee; drought indicators and triggers; a drought declaration process; and state and local predrought mitigation strategies and drought response strategies. Such predrought mitigation strategies shall be designed to minimize the potential effects of drought. Such drought response strategies shall be measures or actions to be implemented during various stages of drought. Such rules and regulations shall replace any previous drought management plan adopted by the board and shall be revised from time to time as the board deems appropriate.
Added by 2008 Ga. Laws 716,§ 1, eff. 5/14/2008.
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 1 - GENERAL PROVISIONS (§§ 12-5-1 — 12-5-9) › Section 12-5-9 - [Repealed] Georgia Geospatial Advisory Council

Added by 2014 Ga. Laws 565,§ 1, eff. 7/1/2014.
Repealed by its own terms 6/30/2017
Added by 2010 Ga. Laws 364,§ 1, 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-20 - Short title

This article shall be known and may be cited as the "Georgia Water Quality Control 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-21 - Declaration of policy; legislative intent

(a)
The people of the State of Georgia are dependent upon the rivers, streams, lakes, and subsurface waters of the state for public and private water supply and for agricultural, industrial, and recreational uses. It is therefore declared to be the policy of the State of Georgia that the water resources of the state shall be utilized prudently for the maximum benefit of the people, in order to restore and maintain a reasonable degree of purity in the waters of the state and an adequate supply of such waters, and to require where necessary reasonable usage of the waters of the state and reasonable treatment of sewage, industrial wastes, and other wastes prior to their discharge into such waters. To achieve this end, the government of the state shall assume responsibility for the quality and quantity of such water resources and the establishment and maintenance of a water quality and water quantity control program adequate for present needs and designed to care for the future needs of the state, provided that nothing contained in this article shall be construed to waive the immunity of the state for any purpose.
(b)
The achievement of the purposes described in subsection (a) of this Code section requires that the Environmental Protection Division of the Department of Natural Resources be charged with the duty described in that subsection, and that it have the authority to regulate the withdrawal, diversion, or impoundment of the surface waters of the state, and to require the use of reasonable methods after having considered the technical means available for the reduction of pollution and economic factors involved to prevent and control the pollution of the waters of the state.
(c)
Further, it is the intent of this article to establish within the executive branch of the government administrative facilities and procedures for determining improper usage of the surface waters of the state and pollution of the waters of the state, and to confer discretionary administrative authority upon the Environmental Protection Division to take these and related circumstances into consideration in its decisions and actions in determining, under the conditions and specific cases, those procedures which will best protect the public interest.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-24 - Power of director to enter into contracts and compacts regarding surface-water management

The director is authorized to enter into contracts or compacts on behalf of the State of Georgia with the federal government, sister states, political subdivisions of this state, and public utilities of this state for purposes of proper management of the state's surface-water resources, provided that any such contract shall be subject to approval by the Board of Natural Resources; provided, further, that any such contract shall not grant to any person any right to use surface waters except to the extent such person would qualify for such use under the permitting system established pursuant to Code Section
12-5-31
.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-25 - Investigations by division; institution of proceedings by division

The division shall have authority to investigate any apparent violation of any provision of this article and to take any action authorized by this article which it deems necessary and may, after a public hearing has been provided, institute proceedings of mandamus or other proper legal proceedings to enforce 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-26 - Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information

Any duly appointed agent of the division may enter private or public property at reasonable times to inspect or investigate conditions relating to pollution and to inspect the operating records of any sewage system, waste treatment work, or sewage disposal plant, provided that no person shall be required to disclose any secret formula, process, or methods used in any manufacturing operations carried on by him or under his direction or any confidential information concerning business activities carried on by him or under his supervision.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-27 - Authority to require owner or operator of facility to cooperate with division

Whenever required to carry out the objectives of this article, including but not limited to developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or standard under this article, or any rule or regulation promulgated and adopted pursuant to this article; determining whether any person is in violation of any effluent limitation, or other limitation, prohibition, or standard under this article, or any rule or regulation promulgated and adopted pursuant to this article; or encouraging or ensuring compliance with any effluent limitation or other prohibition or standard under this article or any rule or regulation promulgated and adopted pursuant to this article, the director may, by order, permit, or otherwise in writing, require the owner or operator of a facility of any type which results in the discharge of pollutants into the waters of the state to:
(1)
Establish and maintain records;
(2)
Make reports;
(3)
Install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;
(4)
Sample such discharge, in accordance with such methods, at such locations, at such intervals, and in such manner as the director shall prescribe; and
(5)
Provide such other information as he may reasonably require.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-28 - Annual reports by division

Annual reports shall be made and filed by the division with the Governor and members of the General Assembly.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-30.1 - Major spills by publicly owned treatment works

(a)
As used in this Code section, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Consistently exceeding an effluent limitation" means a POTW's exceeding the POTW's assigned effluent limitation for at least five days out of each seven-day period during a total period of 180 consecutive days.
(3)
"Major spill" means the discharge of pollutants into the waters of this state by a POTW at a rate substantially exceeding the effluent limitation of the POTW, and such term shall be more specifically defined by regulations of the board.
(4)
"Monitoring" means the systematic measurement of chemical and biological pollutants present in waters of this state which are affected by a major spill or by consistently exceeding an effluent limitation.
(5)
"Publicly Owned Treatment Works" or "POTW" means the city, town, county, district, association, or other public body created by or pursuant to state law or federal law that owns and operates a treatment works and, where appropriate, shall include the treatment works and any sewers or other appurtenances that convey waste water to the treatment works.
(b)
By not later than January 1, 1990, the board shall provide by rules or regulations for the following:
(1)
For immediate notification to the division of a major spill by a POTW;
(2)
For the POTW responsible for the major spill to cause to be published in the legal organ of the county where the spill occurred a notice of such spill, such notice to be published within not more than seven days after the date of the spill;
(3)
For the division to provide notice of the major spill within 24 hours thereafter to every county, municipality, or other public agency whose public water supply is within a distance of 20 miles downstream and to any others which could potentially be affected by the spill.
(4)
For independent monitoring of waters affected by a major spill or by consistently exceeding an effluent limitation, with such monitoring being at the expense of the POTW, for a period of at least one year and for the results of such monitoring to be regularly provided to all counties, municipalities, and other public agencies using the affected waters as a source of public water supply.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-30.2 - Combined sewer overflow systems

(a)
As used in this Code section, the term "combined sewer overflow" or "CSO" means a sewage system so designed or constructed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a discharge which bypasses the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of the state.
(b)
After March 31, 1992, no person shall operate a CSO in this state unless he has obtained a permit to do so from the director. The director, under the conditions he prescribes, shall require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. Compliance with permit limits shall be required for all CSO discharges under design conditions as determined by the director.
(c)
The director is authorized to require as conditions in permits issued under this Code section the achievement of effluent limitations established pursuant to this article. In imposing effluent limitations as conditions in such permits, the director shall base his determination upon the assessment of technology and processes unrelated to the quality of receiving waters of this state. Effluent limitations required as conditions of such permits shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended. The director is further authorized to set schedules of compliance and include such schedules within the terms and conditions of such permits for the operation of a CSO and to prescribe terms and conditions for such permits to assure compliance with applicable effluent limitations and water quality criteria established pursuant to this article, including, but not limited to, requirements concerning recording, reporting, monitoring, and inspection to the extent permissible under this article and such other requirements as are consistent with the purposes of this article.
(d)
Each permit issued pursuant to this Code section shall have a fixed term of five years and may be renewed by the director in accordance with such guidelines as he shall prescribe but only after the director has issued a written finding, based upon actual investigation, that the applicant has substantially followed any schedules of compliance established pursuant to subsection (c) of this Code section.