Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.01 - General Provisions

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. These Rules and
				Regulations (Rules) are promulgated for the purpose of protecting and enhancing
				the quality of Georgia's environment and of protecting the public health,
				safety, and well-being of its citizens and of instituting and maintaining a
				comprehensive Statewide program for the management of regulated substances
				stored in underground tanks.
(2)
Authority
(a) These Rules are
				issued under the authority of the Georgia Underground Storage Tank Act (GUSTA),
				Official Code of Georgia Annotated (O.C.G.A.) §
										12-13-1
et seq
.
				(1988), as amended.
(b) The
				Director of the Environmental Protection Division (Director) or his authorized
				representative or an authorized contractor or agent of the Department upon
				presentation of his credentials, shall have a right to enter upon, into or
				through premises of persons subject to GUSTA, or premises whereon a violation
				of GUSTA or these Rules is reasonably believed to be occurring or causing
				impact or is reasonably believed to be about to occur or cause impact. The
				Director or his authorized representative shall have the right to investigate,
				take samples, copy all records relating to underground storage tanks, and
				inspect in accordance with the following purposes:
1. to determine whether any person subject to
				the requirements of GUSTA is in compliance with these Rules;
2. to investigate conditions relating to
				underground storage tanks (UST) or UST management practices where the Director
				is in possession of information sufficient to form a reasonable belief that a
				violation of GUSTA or these Rules is occurring or is about to occur;
				or
3. to determine whether there
				has been a violation of any of the provisions of GUSTA or these Rules, or any
				permit or order issued pursuant to GUSTA and these Rules.
(c) In the event any person does not consent
				to an inspection or investigation, the Director or his authorized
				representative may seek to obtain a warrant authorizing the inspection or
				investigation pursuant to O.C.G.A. §
										12-13-8(b) and
				§
										12-2-2(d).
(d) EPD or its contractors may enter upon the
				property of the owner or operator, at such time and in such manner as deemed
				necessary, to effectuate the necessary corrective action to protect health and
				the environment.
(e) The Director,
				an authorized employee of the Department, or an authorized contractor or agent
				of the Department, upon presentation of his or her credentials, shall have a
				right to enter upon, to, or through premises of persons subject to GUSTA or
				premises whereon a release of a regulated substance in violation of GUSTA or
				the rules and regulations adopted pursuant to GUSTA is reasonably believed to
				be occurring or is reasonably believed to have previously occurred to
				investigate, take samples, copy all records relating to storage of regulated
				substances in underground storage tanks, and inspect for compliance with the
				requirements imposed under GUSTA or these Rules, or any permit or order issued
				pursuant to GUSTA or these Rules in order to determine whether such a current
				release or past release exists and to conduct appropriate corrective action for
				any release which may currently exist or may have existed.