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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-30.3 - Sludge land application systems

(a)
As used in this Code section, the term:
(1)
"Sludge" means the solid or semisolid residue generated at a waste-water treatment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge that has been treated to further reduce pathogens by such processes as composting, heat drying, or heat treating.
(2)
"Sludge land application" means the placement of sludge on or under the ground surface for the purpose of sludge disposal, soil conditioning, or agricultural enhancement. Such term specifically excludes the disposal of sludge in a permitted landfill.
(b)
(1)
No person shall operate a sludge land application system without first securing the approval of the director. The director may include this approval and approval requirements in a permit issued under Code Section
12-5-30
.
(2)
Prior to the issuance of any permit for a sludge land application system, the director shall require written verification to be furnished by the applicant that the proposed facility complies with applicable local zoning or land use ordinances, if any.
(c)
The Board of Natural Resources shall adopt technical regulations governing sludge land application and procedural regulations for approval of sludge land application systems, including public notice and public hearing requirements. All public hearings shall be conducted by the division and the applicant for the permit within the jurisdiction of the local governing authority where the proposed sludge land application site is located.
(d)
The local governing authority in which a sludge land application site is located may assess upon the generator of the sludge and the owner of the sludge land application site reasonable fees for environmental monitoring of the site and may hire persons to monitor the site. Payment of the assessed fee shall be made prior to the application of sludge. Failure to pay such fees, if assessed, shall be grounds for the local governing authority to seek an injunction to stop the land application of sludge. The provisions of this subsection shall not apply to the land application of sludge which is generated by the treatment of industrial process waste water only.
(e)
Any person who violates this Code section, regulations adopted by the Board of Natural Resources pursuant to this Code section, or any permit or approval requirements of the director issued pursuant to this Code section shall be subject to the civil penalties and the criminal penalties contained in Code Sections
12-5-52
and
12-5-53
.
Amended by 2017 Ga. Laws 275,§ 12, eff. 5/9/2017.
Amended by 2014 Ga. Laws 603,§ 1, eff. 4/23/2014.
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 12-5-30.4 - Establishment of water emergency response procedures

(a)
Whenever any substance which would endanger the health or property of downstream users of the waters of this state is discharged into such waters, it shall be the duty of any person in charge of such substance to immediately notify the division of the location and nature of the discharge and to immediately take all reasonable steps to prevent injury to the health or property of such downstream users.
(b)
The division shall immediately conduct an initial investigation upon receiving any notification made pursuant to this Code section or subsection (a) of Code Section
12-14-3
or by a member of the public who observes an emergency situation or discharge to determine if such notification satisfies the criteria described in subsection (a) of this Code section.
(c)
If the division determines that there is a threat to the health or property of downstream users of the waters of this state, the division shall as soon as possible, but not more than 24 hours after such determination, notify and consult with the Georgia Emergency Management and Homeland Security Agency, the appropriate local emergency management agency, the appropriate local county health department, and other appropriate divisions within the department as necessary to determine if it is necessary to prepare and distribute a public notice concerning such threat. Upon notification by the division, the local emergency management agency or the local county health department shall prepare and post such public notice through electronic media and print. Such public notice shall be located at places where the public regularly uses the waters of this state or seeks information about such waters.
(d)
The division shall ensure that immediate corrective action is initiated to the maximum extent practicable and as otherwise authorized by this title in order to prevent further danger to the health or property of downstream users.
(e)
The division shall establish a protocol, to be reviewed every five years, for coordinated responses to discharges that create emergency situations and shall coordinate with the appropriate emergency response agencies to provide for continual emergency response so as to most efficiently and effectively meet the needs of affected communities. The division may provide training to state and local emergency response agencies to further the purposes of this Code section.
(f)
Nothing in this Code section shall prevent any local governmental entity from taking any actions within its authority to protect public health.
(g)
The department shall promulgate any rules and regulations necessary to implement and administer this Code section on or before December 1, 2014.
Amended by 2016 Ga. Laws 335,§ 1, eff. 7/1/2016.
Added by 2014 Ga. Laws 501,§ 1, eff. 7/1/2014.
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 12-5-31.1 - Applications, permits, and variances for public water supply reservoirs

(a)
Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under Code Section
12-5-31
and Sections 401 and 404 of the federal Clean Water Act,
33 U.S.C. Sections 1341
and
1344
, are required, the division shall make available in a single collection copies of all forms necessary for the purposes of making applications for such permits.
(b)
The period for granting or denying a permit application provided by subparagraph (c)(1)(A) of Code Section
12-2-2
shall likewise apply to decisions to issue certifications for purposes of Section 401 of the federal Clean Water Act,
33 U.S.C. Section 1341
, justifications of need, and minimum instream flow certifications for construction of a new public water supply reservoir by a local government entity; and such shall be issued simultaneously to a local government entity that is a qualified applicant.
(c)
The division shall issue an affirmative variance from the requirements of Chapter 7 of this title, consistent with the exemption granted by paragraph (11) of Code Section
12-7-17
, to a permittee within seven days after granting the permit and issuing the certifications and documents specified under subsection (b) of this Code section.
Added by 2008 Ga. Laws 578,§ 1-4, eff. 7/1/2008.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-32 - Aid to pollution control and surface-water management - Powers of division with respect to federal acts; receipt and expenditure of federal and state appropriations

The division shall be the water pollution control and surface-water resource management agency of the state for all purposes of any federal water pollution control act or any other federal act within the purview of this article and may:
(1)
Take all necessary or appropriate action to obtain for the state the benefits of any federal act within the purview of this article;
(2)
Apply for, receive, and use federal funds made available under any federal act within the purview of this article;
(3)
Approve projects for which loans or grants under any federal act are made to any municipality, county, or agency of state government or to any private person or entity;
(4)
Participate through its authorized representatives in proceedings under any federal act within the purview of this article and recommend measures for the reduction of water pollution originating within the state or proper management of the state's surface-water resources; and
(5)
Receive and expend on behalf of the state all funds which are now or which may hereafter become available or allotted to the State of Georgia by virtue of any appropriation or act of Congress or regulation of the federal government, its agencies and instrumentalities, or by virtue of any appropriation by the General Assembly, for water quality control, management, and allocation of the state's surface-water resources within the purview of this article, or for any other purpose defined in this article to be administered by the division as provided in this article. The division is authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching federal grants as may be necessary to secure such grants and derive full advantage to the state of benefits contemplated under the terms of such grants, and to comply with the terms of such grants.
This Code section shall not prohibit the State Soil and Water Conservation Commission from exercising its powers under paragraph (9) of Code Section
2-6-27
.
Amended by 2008 Ga. Laws 578,§ 1-3, eff. 7/1/2008.
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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-33 - Aid to pollution control and surface-water management - Grants to counties, municipalities, or other public authority for water pollution control projects

(a)
The division is authorized to make grants, as funds are available, to any county, municipality, or any combination thereof, or to any public authority, agency, commission, or institution, to assist them in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under the provisions of Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500),
33 U.S.C. Section 1281
, et seq., as amended by the Clean Water Act of 1977 (P.L. 95-217) or as may hereafter be amended.
(b)
The State of Georgia is further authorized to make grants as funds are available to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, by appropriate action of the General Assembly, with or without qualification for federal aid and assistance as set forth in subsection (a) of this Code section, where the need of such county, municipality, or combination thereof, or such public authority, agency, commission, or institution, is shown.
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 12-5-34 - Aid to pollution control and surface-water management - Amount of state grant

(a)
The state's contribution toward the construction of water pollution control projects shall not be limited by percentage contribution, and the State of Georgia may make grants to counties, municipalities, or combinations thereof in any amount up to the full cost of the construction of such projects where local need is shown and where such funds are available.
(b)
State funds may be provided for such projects or portions of projects wherever the need may exist in conjunction with or in addition to federal grants as might be received under Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500),
33 U.S.C. Section 1281
, et seq., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as such acts may hereafter be amended.
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 12-5-35 - Aid to pollution control and surface-water management - Administration of grants by division

The division shall be the agency for the administration of the funds granted by the state. The administration of such granted funds shall be done in direct conjunction with the administration of federal funds granted for water pollution control projects.
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 12-5-36 - Aid to pollution control and surface-water management - Consistency with federal acts

The determination of the relative need for, the priority of, and the standards of construction for federally assisted water pollution control projects shall be consistent with the provisions of Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500),
33 U.S.C. Section 1281
, et seq., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as may hereafter be amended.
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 12-5-37 - Aid to pollution control and surface-water management - Intent of article with regard to state contributions

It is the intent of this article that full advantage be taken of all funds available under the Federal Water Pollution Control Act, but the State of Georgia shall not be limited in its contribution, and where no funds are available under the Federal Water Pollution Control Act, the State of Georgia shall be authorized to appropriate funds for the alleviation of pollution problems and for the construction of water pollution control projects throughout the State of Georgia as the need may be shown by counties, municipalities, or combinations thereof, or any public authority, agency, commission, or institution. Such grants by the state may be made for specific communities or for water pollution control projects to be determined by the division and administered by it.
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 12-5-38 - Aid to pollution control and surface-water management - Management by division of federal construction grants program

The division is authorized to manage the construction grants program as set forth in Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500),
33 U.S.C. Section 1281
, et seq., as amended by the Clean Water Act of 1977 (P.L. 95-217), or as may hereafter be amended, upon receiving delegation of such program from the administrator of the federal Environmental Protection Agency. The division shall manage such program in accordance with the requirements and conditions set forth in Title II of the Federal Water Pollution Control Act Amendments of 1972, as amended.
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 12-5-38.1 - Administration of funds; water pollution control and drinking water revolving funds

(a)
The director is authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority, agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The director is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The director shall administer all funds as provided in this Code section granted to the division prior to federal fiscal year 1994 until such grants are final and complete. All such grants made in or after federal fiscal year 1994 shall be administered by the Georgia Environmental Finance Authority. At the end of federal fiscal year 1994, the administration of the water pollution control revolving fund provided for in subsection (b) of this Code section, and the fund balance, assets, liabilities, and retained earnings shall be transferred to the Georgia Environmental Finance Authority.
(b)
Any such funds received from the administrator of the federal Environmental Protection Agency shall be deposited in one or more water pollution control and drinking water revolving funds established by the director. In addition to such federal funds, other nonfederal funds may be deposited in such revolving funds as they become available to the authority. The forms of revolving fund assistance and the manner of administering such funds shall be determined in accordance with rules and regulations promulgated by the Board of Natural Resources. Such funds shall be transferred to the Georgia Environmental Finance Authority as provided in subsection (a) of this Code section.
(c)
The director is authorized to contract with any other state agency, authority, board, or commission for the purpose of providing for the management, investment, and disbursement of all funds deposited in the water pollution control and drinking water revolving funds.
Amended by 2010 Ga. Laws 634,§ 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 12-5-39 - Aid to pollution control and surface-water management - Area-wide waste treatment management

The division is authorized to develop and operate a continuing area-wide waste treatment management planning process pursuant to its powers contained in this article for all portions of the state for which the state is required to act as the planning agency in accordance with Section 208 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. Section 1288
, as amended by the Clean Water Act of 1977 (P.L. 95-217). With regard to any program submitted by the Governor pursuant to subsection 208(b)(4)(A) of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. Section 1288
, as amended by the Clean Water Act of 1977 (P.L. 95-217), the director is empowered with the authority to take such action to comply with the requirements of subsections 208(b)(4)(B)(i) through (v) of such 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 12-5-40 - Aid to pollution control and surface-water management - Adoption of rules and regulations regarding application for state grants

The Board of Natural Resources is empowered to adopt such rules, regulations, and procedures to be followed in applying for state grants authorized in this article as shall be necessary for the effective administration thereof.
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 12-5-41 - [Repealed] Aid to pollution control and surface-water management - Water and sewage treatment facilities or systems for eligible planned communities

Repealed by 2015 Ga. Laws 70,§ 2-1, eff. 7/1/2015.
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 12-5-42 - Cooperative efforts for abatement of pollution; order by director; request for hearing; allowance of reasonable time for abatement

(a)
Whenever the division determines that any person is discharging sewage, industrial waste, or other wastes into any waters of the state in a degree which prevents the water from meeting the established standards of water purity, the division shall act to secure the person's cooperation in the reduction or elimination of the detrimental effects of the discharge.
(b)
The division shall supply to the person causing the pollution such technical and scientific information as may be helpful in reducing or eliminating the polluting effects of the discharge, but the responsibility for development and application of means of preventing pollution rests with the person causing the pollution.
(c)
Whenever any person refuses to cooperate with the efforts of the director to reduce pollution, the director may issue an order to bring about the reduction or elimination of the pollution. Any order issued by the director under this article shall become final unless the person aggrieved requests in writing a hearing before the director no later than 30 days after such order is served. However, before issuing or enforcing such an order, the director shall allow any person a reasonable time to make the necessary financial arrangements or make other necessary preparations for the elimination of the pollution.
(d)
Whenever the division determines that a violation of any provision of this article or any rule or regulation promulgated pursuant to this article relating to the withdrawal, diversion, or impoundment of surface water has occurred, the division shall by conference, conciliation, or persuasion attempt to convince the violator to cease such violation. If in the opinion of the director such efforts fail, the director may issue an order to bring about the cessation of such violation. Such order shall specify the alleged violation and shall prescribe a reasonable time for corrective action to be accomplished. Any order issued pursuant to this subsection shall become final unless the person aggrieved requests a hearing in writing before the director not later than 30 days after such order is served.
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 12-5-43 - Administrative hearings

(a)
Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, or by any action or by any order or orders pursuant to authority delegated by the director, such person may request and obtain a hearing by filing a petition with the director no later than 30 days after such order or notice of action is served upon such person. Code Section
50-13-13
shall apply insofar as it is applicable to the administrative procedure necessary under this article.
(b)
Code Sections
50-13-15
through
50-13-17
shall apply to all hearings held under 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 12-5-44 - Judicial review

(a)
Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article. A preliminary, procedural, or intermediate action or ruling is immediately reviewable if review of the final decision would not provide an adequate remedy. In this connection, all proceedings for judicial review shall be in accordance with Code Section
50-13-19
.
(b)
The division or any other party to the proceeding may secure a review of the final judgment of the superior court to the appellate courts 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-45 - Judgment in accordance with division's order

The division may file in the superior court in the county in which the person under order resides, or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of a final order of the director or the administrative law judge unappealed from or of a final order of the administrative law judge affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The 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 the 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-46 - Effect of article on rights of action

Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor shall any provision of this article be construed to prevent any person, as a riparian owner or otherwise, from exercising his rights to suppress nuisances or to abate any pollution.
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 12-5-47 - Emergency orders; hearing

Whenever the division finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency, notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing as soon as possible. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it.
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 12-5-48 - Injunctive relief

Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the division may make application to the superior court of the county where such person resides, or if nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and restraining such act or practice. Upon a showing by the division 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 a lack of 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 2 - CONTROL OF WATER POLLUTION AND SURFACE-WATER USE (§§ 12-5-20 — 12-5-53) › Section 12-5-49 - Representation of division and its agents by Attorney General and his staff

It shall be the duty of the Attorney General to represent the division and its agents or designate some member of his staff to represent them in all actions in connection with 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 12-5-50 - Intent of article as to conflicts with federal laws and as to eligibility of division or departments of state government for federal funds; remedial action

Nothing in this article is intended to conflict with any provision of federal law or result in loss of eligibility for any federal funds on the part of the division or any department of state government. In case such a conflict or loss of federal funds should occur by virtue of enactment of any portion of this article, then the division is authorized and empowered to take such action as may be necessary and to effect such changes within the division as may be necessary to prevent loss of such funds to the division or any department of state government affected and to secure to the same the full benefit of the federal laws.
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 12-5-51 - Civil liability

(a)
Any person who intentionally or negligently causes or permits any sewage, industrial wastes, or other wastes, oil, scum, floating debris, or other substance or substances to be spilled, discharged, or deposited in the waters of the state, resulting in a condition of pollution as defined by this article, shall be liable in damages to the state and any political subdivision thereof for any and all costs, expenses, and injuries occasioned by such spills, discharges, or deposits. The amount of the damages assessed pursuant to this Code section shall include, but shall not be limited to, any costs and expenses reasonably incurred by the state or any political subdivision thereof, as the case may be, in cleaning up and abating such spills, discharges, or deposits, and any costs and expenses reasonably incurred in replacing aquatic life destroyed by such spills, discharges, or deposits. Damages to the state shall be recoverable in a civil action instituted in the name of the Environmental Protection Division of the Department of Natural Resources and shall be paid into the state treasury to the credit of the general fund. Damages to a political subdivision shall be recoverable in a civil action instituted by such subdivision.
(b)
Any person who intentionally, negligently, or accidentally causes or permits any toxic, corrosive, acidic, caustic, or bacterial substance or substances to be spilled, discharged, or deposited in the waters of the state, except by providential cause, in amounts, concentrations, or combinations which are harmful to the public health, safety, or welfare, or to animals, birds, or aquatic life, shall be strictly liable in damages to the state and any political subdivision thereof for any and all costs, expenses, and injuries occasioned by such spills, discharges, or deposits. Damages to the state shall be recoverable in a civil action instituted in the name of the Environmental Protection Division of the Department of Natural Resources and shall be paid into the state treasury to the credit of the general fund. Damages to a political subdivision shall be recoverable in a civil action instituted by such subdivision.
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 12-5-52 - Civil penalty

(a)
Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues.
(b)
The director, after a hearing, shall determine whether or not any person has violated any provision of this article or has, negligently or intentionally, failed or refused to comply with any final or emergency order of the director and may, upon a proper finding, issue his order imposing such civil penalties as provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Code Section
12-5-44
. All penalties recovered by the director as provided by this article shall be paid into the state treasury to the credit of the general fund.
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 1 - GENERAL PROVISIONS (§§ 12-5-70 — 12-5-73) › Section 12-5-70 - Prospecting for underground water supplies - Powers of department

The department may, whenever directed so to do by the Governor, prospect for underground water supplies at such places in the state as the Governor may direct. In so doing, the department may drill wells, make borings and soundings, and do and perform such other acts as may be necessary in determining the location and existence of underground water supplies for public or industrial uses, including the acquisition of sites for drilling operations.
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 1 - GENERAL PROVISIONS (§§ 12-5-70 — 12-5-73) › Section 12-5-71 - Prospecting for underground water supplies - Records of findings; acceptance of federal grants

The department shall keep full records of all its findings, including full information as to geological formations encountered in drilling operations, and shall, in addition to keeping such records, file copies of the same with the Secretary of State. The department may also file copies of such records with the proper bureau or department of the United States and may accept any available federal grant for use in carrying on the work authorized by Code Section
12-5-70
.
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 1 - GENERAL PROVISIONS (§§ 12-5-70 — 12-5-73) › Section 12-5-72 - Prospecting for underground water supplies - Contracts with counties or municipalities for use of water

If the department, in carrying out Code Section
12-5-70
, shall encounter water in sufficient quantities to be useful to any municipality or county in furnishing water to its inhabitants, the department may contract with such municipality for the use of such water, and, in so doing, may sell or lease any such well or water supply, provided that no such lease shall be for longer than 30 years. Such contract, whether in the form of a lease contract or a sales contract, shall be subject to approval as to form by the Attorney General.
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 1 - GENERAL PROVISIONS (§§ 12-5-70 — 12-5-73) › Section 12-5-73 - Prospecting for underground water supplies - Appropriation or allocation of funds to department

The department may use, for the purposes authorized by Code Sections
12-5-70
through
12-5-72
, such funds as may be from time to time appropriated or allocated therefor.
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 12-5-90 - Short title

This part shall be known and may be cited as the "Ground-water Use Act of 1972."
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 12-5-91 - Declaration of policy

The general welfare and public interest require that the water resources of the state be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation in order to conserve these resources and to provide and maintain conditions which are conducive to the development and use of water resources.
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 12-5-93 - Power of director to employ personnel

The director is authorized to employ, on a full-time or part-time basis, such professional personnel and clerical or other employees as may be necessary to discharge the additional duties delegated to the division by 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-94 - Adoption of rules and regulations by Board of Natural Resources

The Board of Natural Resources may adopt and modify from time to time rules and regulations to implement 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-95 - Proposed regulations regarding ground-water use; hearings; adoption and modification of regulations; contesting validity of regulations

(a)
The Board of Natural Resources shall prepare proposed regulations to be applied, containing such of the following provisions as the board finds appropriate concerning the use of ground waters:
(1)
Provisions requiring water users within the area to submit reports not more frequently than at 30 day intervals concerning quantity of water used or withdrawn, sources of water, and the nature of the use thereof;
(2)
With respect to ground waters, provisions concerning the timing of withdrawals, provisions to protect against or abate salt-water encroachment, and provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;
(3)
With respect to ground waters, provisions concerning well depth and spacing controls, and provisions establishing a range of prescribed pumping levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on the capacities and characteristics of the aquifer;
(4)
Such other provisions not inconsistent with this part as the Board of Natural Resources finds necessary to implement the purposes of this part.
(b)
The Board of Natural Resources shall conduct one or more hearings upon the proposed regulations, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Upon completion of the hearings and consideration of submitted evidence and arguments with respect to any proposed regulation, the board shall adopt its final action with respect thereto, and shall publish such final action as part of its official regulations. The board is empowered to modify or revoke from time to time any final action previously taken by it pursuant to this Code section, any such modifications or revocations, however, to be subject to the procedural requirements of this part, including notice and hearing.
(c)
Any person wishing to contest the validity of a regulation may file for a declaratory judgment as provided for by Code Section
50-13-10
.
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 12-5-98 - Investigations; entry; protection of confidential information or trade secrets; refusing entry or access to and interference with authorized representatives of division

(a)
The division shall have the right to conduct such investigations as may reasonably be necessary to carry out its duties prescribed in this part and for this purpose to enter at reasonable times any property, public or private, for the purpose of investigating the condition, withdrawal, or use of any waters, investigating water sources, or investigating the installation or operation of any well, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the installation or operation of any well, provided that no person shall be required to disclose any secret formula, processes, or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision.
(b)
No person shall refuse entry or access to any authorized representative of the division who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties consistent with the provisions of 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-99 - Order by director after failure of conference, conciliation, or persuasion; hearings; appeal

(a)
Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation of the Board of Natural Resources adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion.
(b)
In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the director no later than 30 days after such order is served on such person or persons.
(c)
Appeals from this order shall be in compliance 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 12-5-100 - 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 if the person is a nonresident of this state, in the superior court of the county wherein the violation occurred, a certified copy of a final order of the director unappealed from, or of 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-101 - 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 any violation of this part, the director may make application to the superior court of the county where such person resides, or if the person is a nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in any such act or practice, for an order enjoining and restraining such act or practice, 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 a lack of 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-103 - Representation of department by Attorney General

It shall be the duty of the Attorney General to represent the department and its agents or designate some member of his staff to represent them 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 2 - GROUND-WATER USE GENERALLY (§§ 12-5-90 — 12-5-108) › Section 12-5-104 - Effect of part on other laws

Nothing contained in this part shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this state.