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 391-3-28 - FLINT RIVER DROUGHT PROTECTION › Rule 391-3-28-.11 - Violations

Current through Rules and Regulations filed through June 27,
				2024
(1) Except as may
				otherwise be provided in Rule
				391-3-28-.10, whenever the Director
				has reason to believe that a violation of any provision of this article or any
				rule or regulation adopted pursuant to this article has occurred, he or she
				shall attempt to obtain compliance therewith by conference, conciliation, or
				persuasion, if the making of such an attempt is appropriate under the
				circumstances. If he or she fails to obtain compliance in this manner, the
				Director may order the violator to take whatever corrective action the Director
				deems necessary in order to obtain such compliance within a period of time to
				be prescribed in such order.
(2)
				Except as may otherwise be provided in Rule
				391-3-28-.10, any order issued by
				the Director under this article shall become final unless the person or persons
				named therein file with the Director a written request for a hearing within 30
				days after such order or permit is served on such person or persons.
(3) Except as may otherwise be provided in
				Rule 391-3-28-.10,
				hearings on contested matters and judicial review of final orders and other
				enforcement actions under this article shall be provided and conducted in
				accordance with subsection (c) of Code Section
				12-2-2.
(4) The Director may file in the superior
				court of the county wherein the person under order resides, or if the person is
				a corporation, in the county wherein the corporation maintains its principal
				place of business, or in the county wherein the violation occurred or in which
				jurisdiction is appropriate, a certified copy of a final order of the Director
				unappealed from or a final order of the Director affirmed upon appeal,
				whereupon the court shall render judgment in accordance therewith and notify
				the parties. Such judgment shall have the same effect, and all proceedings in
				relation thereto shall thereafter be the same, as though the judgment had been
				rendered in an action duly heard and determined by such court.
(5) Institute, in the name of the Division,
				proceedings of mandamus, injunction, or other proper administrative or civil
				proceedings to enforce this article, the rules and regulations promulgated
				under this article, or any agreements or orders entered into or issued under
				this article;
(6) For purposes of
				this Code section, a violation of an agreement entered into in accordance with
				Rule 391-3-28-.08
				or an order issued by the Director in accordance with Rule
				391-3-28-.10 shall be prima facie
				established upon a showing that:
(i) During
				the effective period of the agreement or order, the irrigation system was
				observed in person or via remote sensing or otherwise established by
				representatives of the Division or others to have been operating and disbursing
				water; or
(ii) During the effective
				period of the agreement or order, a seal, lock, or other device placed by the
				Division on the system to prevent operation of the system has been broken or
				otherwise tampered with.