reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.07 - Renewal, Initial Permit Extension and Transfer of Permits

Current through Rules and Regulations filed through June 27, 2024
(1) Effective Date
			 of Renewal- All permits shall expire on the first day of April the year
			 following issuance and shall be renewed between January
			 1st and April 1st each
			 calendar year.
(2) Renewal Notice-
			 The Department shall furnish an itemized list of permits to the last known
			 address of each permit holder in December of each year. Permit holders shall
			 review the information and use the notice to update permit information and pay
			 renewals. Permit holders shall indicate any permit not to be renewed and any
			 unlisted permits and provide supporting documentation to the Department. as
			 well as any discrepancies with supporting documentation to the Department. A
			 copy of the notice with appropriate fees for each permit being renewed, the
			 proposed removal date for any sign which permit is not being renewed, and the
			 supporting documents for contested permits shall be submitted by April
			 1st. The Department shall record renewal payments
			 and respond to any discrepancies in writing within 30 days of receipt.
Permit holders will be notified by certified mail of permits
				not renewed by the renewal date of April 1st. and
				given 45 days to renew or remove the sign. Upon expiration of the 45 day
				period, any sign not renewed or removed shall be deemed illegal as a matter of
				law and subject to removal without further administrative
				proceeding.
(3) Situations
			 in which renewal will not be issued. When the conditions set forth in
			 subsection (1) of Section  672-6-.07  of this Rule have been followed, a renewal
			 will be issued by the Department, except when:
(a) The applicable permit identification tag
			 issued by the Department is not attached to the sign support or is not attached
			 in the manner prescribed herein; or
(b) The applicant's permit has been revoked
			 by the Department pursuant to these Rules; or
(c) The permit has been issued through error
			 and corrections have not or cannot be made by the sign owner; or
(d) The sign has been abandoned or
			 discontinued.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.08 - Revocation or Expiration of a Permit

Current through Rules and Regulations filed through June 27, 2024
(1) If the Department believes that a permit
			 holder has violated the conditions or certifications of his permit, the
			 Department shall give thirty (30) days written notice by certified mail to the
			 permit holder notifying him of said violation or violations. The notice shall
			 contain the following information:
(a) Permit
			 Number;
(b) Location and
			 Description of Sign;
(c) The
			 section or sections of the Official Code of Georgia Annotated or these Rules
			 which are being violated.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.09 - Appeals

Current through Rules and Regulations filed through June 27, 2024
An appeal from an adverse action by the Department may be made
				under the practices and procedures set forth in Rule
				 672-1-.05, Rules of the Georgia
				Department of Transportation, as long as the appeal is filed within 30 days
				following the Notice by the Department.
Should a permit holder fail to request an Administrative
				hearing in accordance with
				 672-1-.05  prior to the expiration of
				the thirty (30) days following the Notice of Violation, the permit shall be
				revoked without further notice or hearing, the sign deemed illegal, and the
				Department shall be permitted to have the sign removed in accordance with
				O.C.G.A. §
								32-6-96.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.10 - Destruction of Property on the Rights-of-Way

Current through Rules and Regulations filed through June 27, 2024
Pursuant to O.C.G.A. §§
								32-6-75.3 and 
				  32-6-81, trees, shrubs, or other property on the state right-of-way shall not be
				unlawfully destroyed, altered, replaced, or removed. The Department will
				prosecute any infraction of this provision and the permit or permits for the
				signs adjacent to such infraction may be revoked. In order to revoke a permit
				the Department shall not be required to obtain a criminal conviction for the
				destruction of the property.
(a) Prior
			 to revocation of a permit the Department shall give 30 days' written notice via
			 certified mail to the permit holder and the landowner, this notice shall inform
			 the landowner and permit holder of the right to request a hearing in accordance
			 with O.C.G.A. §
								50-13-13
et
			 seq.
(b) The Department
			 may seek as an additional remedy at the same Administrative Hearing, in
			 addition to revocation of the permit, a prohibition of the erection or
			 maintenance of any signs within 500 feet on either side of that sign site or
			 sites for a period not to exceed five (5) years.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.11 - Conversion of Permits

Current through Rules and Regulations filed through June 27, 2024
(1) When the Department determines that a
			 conforming sign has become nonconforming, the Department shall notify the
			 permit holder by certified mail of the changed status. In an unzoned area, if
			 the business used to qualify a sign permit as conforming has been inactive for
			 6 months or more, the Department may convert the permit to non-conforming upon
			 notice to the permit holder.
(2) If
			 a permit holder believes a non-conforming sign has become eligible for a
			 conforming permit, the permit holder may apply for conversion to a conforming
			 permit by submitting an Application for Outdoor Advertising Permit and an
			 application fee. If the Department determines the sign is eligible for
			 conversion, the existing permit will be converted to conforming
			 status.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-6 - GRANTING, RENEWAL, AND REVOCATION OF PERMITS FOR OUTDOOR ADVERTISING › Rule 672-6-.12 - Reserved

Current through Rules and Regulations filed through June 27, 2024
Ga. Code Ann. Ch. 3A, Ga.
				Code Ann. Secs. 95A-303, 95A-920.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-7 - REMOVAL OF UNAUTHORIZED OUTDOOR ADVERTISING › Rule 672-7-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following terms, as used in the Rules of this Chapter,
				shall have the following meanings unless the context thereof indicates to the
				contrary:
(a) "Department": The
			 Department of Transportation of the State of Georgia.
(b) "Engineer": The Chief Engineer, acting
			 directly or through a duly authorized representative, such representative
			 acting within the scope of the particular duties assigned to him and within the
			 authority given him.
(c) "General
			 Office": Georgia Department of Transportation, 600 West Peachtree Street, N.W.,
			 Atlanta, GA 30308.
(d) "Outdoor
			 Advertising" or "Sign": The "Outdoor Advertising" or "Sign" as defined in
			 O.C.G.A. §
								32-6-71(14).
(e) "Unauthorized Sign": Any sign
			 for the erection or maintenance of which a permit is required but has not been
			 obtained.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-7 - REMOVAL OF UNAUTHORIZED OUTDOOR ADVERTISING › Rule 672-7-.02 - Determination of Signs Erected or Maintained Without Authorization; Notification by Certified Mail

Current through Rules and Regulations filed through June 27, 2024
When the Department believes that a sign has been erected or is
				being maintained without authorization, the Department shall notify the sign
				owner by certified mail and the landowner by copy, of the right to request an
				Administrative Hearing in accordance with O.C.G.A. §
								32-6-70,
et seq.
(Ga. Laws 1973, pp. 947, 1071) as amended, and the
				Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as
				amended.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-7 - REMOVAL OF UNAUTHORIZED OUTDOOR ADVERTISING › Rule 672-7-.03 - Initial Hearing

Current through Rules and Regulations filed through June 27, 2024
The Department shall request an administrative hearing through
				the Office of State Administrative Hearings. The Administrative Law Judge (ALJ)
				shall under the provisions of the Georgia Administrative Procedure Act (Ga. L.
				1964, p. 338, as amended), determine the applicability of the Department Rules
				and Georgia Law to the facts and issues presented at the administrative
				hearing. The ALJ shall issue an order which will become a final decision either
				at the end of thirty days if no appeal is sought, or after the final decision
				on agency review. If either party does not appear within fifteen minutes of the
				scheduled time or request a postponement in advance, the right to an
				administrative determination shall be forfeited. A judgment will be entered by
				default in accordance with O.C.G.A. §
								50-13-13(a)(4).
				Said default may, within fifteen (15) days from the date of the order, be
				opened for providential cause preventing the appearance of the party at the
				hearing at the assigned date and time, or for excusable neglect or when the ALJ
				in his discretion from all the facts shall determine that a proper case has
				been made for the default to be opened. If it is determined by the ALJ that
				justification does not exist for opening the default, the initial judgment
				shall stand as the final agency decision.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-7 - REMOVAL OF UNAUTHORIZED OUTDOOR ADVERTISING › Rule 672-7-.04 - Legal Action

Current through Rules and Regulations filed through June 27, 2024
The Department is authorized by O.C.G.A. §§
								32-6-91 through 
				  32-6-94, to seek prosecution and injunctions prescribed therein and may proceed under
				same in addition to or in lieu of the remedies set forth under the Georgia
				Administrative Procedure Act (Ga. L. 1964, p. 338), as
				amended.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.02 - Purpose

Current through Rules and Regulations filed through June 27, 2024
Pursuant to
				 23 U.S.C. 136  and Ga. Laws 1973, pp. 947, 1069-1070,
				this chapter prescribes rules and regulations relating to the exercise of
				effective control of junkyards in areas adjacent to or within 1000 feet of the
				right-of-way boundaries of Interstate and Federal-aid primary
				highways.
Ga. L. 1973, pp. 947.
				1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L.
				1973, pp. 947, 982 (Ga. Code of Public Transportation, §
				 95A-303).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.03 - Policy

Current through Rules and Regulations filed through June 27, 2024
In carrying out the purposes of this Chapter:
(a) Emphasis shall be placed on encouraging
			 recycling of scrap and junk where practicable.
(b) Every effort shall be made to screen
			 nonconforming junkyards which are to continue as on-going businesses.
(c) Nonconforming junkyards are to be
			 relocated only as a last resort.
(d) The provisions of this chapter shall be
			 carried out in relationship to such resources as are available to the
			 Department.
Ga. L. 1973, pp. 947,
				1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L.
				1973, pp. 947, 982 (Ga. Code of Public Transportation, §
				 95A-303).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.04 - Measurement of Distance

Current through Rules and Regulations filed through June 27, 2024
Distance from the edge of a right-of-way shall be measured
				horizontally along a line normal or perpendicular to the centerline of the
				highway.
Ga. L. 1973, pp. 947,
				1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L.
				1973, pp. 947, 982 (Ga. Code of Public Transportation, §
				 95A-303).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.05 - Screening

Current through Rules and Regulations filed through June 27, 2024
(a) Responsibility
			 for Screening.
1. Any junkyard lawfully in
			 existence on April 6, 1967. the effective date of the Georgia Junkyard Control
			 Act (Ga. L. 1967, pp. 433-438), which is within 1000 feet of the nearest edge
			 of the right-of-way of a highway may be screened by the Department if
			 physically feasible and provided that federal-aid beautification funds are made
			 available at locations on the highway right-of-way or in areas acquired for
			 such purposes outside the right-of-way, so as not to be visible from the main
			 traveled way of the highway. Whenever the Commissioner shall determine that
			 screening prescribed for an existing junkyard is not physically or economically
			 feasible, and when federal-aid beautification funds are available, the
			 Commissioner may cause said junkyard to be removed, relocated, or disposed of
			 after the payment of just and adequate compensation therefor.
2. Junkyards established subsequent to April
			 6, 1967, and located within zones of control must provide for adequate
			 screening located off the highway right-of-way and at the expense of the person
			 owning the junkyard. Screening provided by such owner must be in compliance
			 with these rules and of a type approved by the Department. Those junkyards
			 which are established subsequent to April 6, 1967, and located within zones of
			 control and which cannot be adequately screened shall be relocated at the
			 owner's expense.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.06 - Nonconforming Junkyards

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this chapter, a discontinued junkyard is
				any junkyard which was operated as a business enterprise in the past and where
				the proprietor is retaining the inventory for the present but not actively
				engaged in buying or selling junk.
(a)
			 If the location or site of a nonconforming junkyard is changed as a result of a
			 right-of-way taking or for any other reason it is relocated, it ceases to be a
			 nonconforming junkyard, and shall be treated as a new junkyard at a new
			 location.
(b) The nonconforming
			 junkyard may continue as long as it is not extended, or changed in use. Once a
			 junkyard has been made conforming, the subsequent placement of junk so that it
			 may be seen, above or beyond a screen, or if the junk otherwise becomes
			 visible, said junkyard shall then be treated the same as the establishment of a
			 new junkyard.
(c) A nonconforming
			 junkyard must have been in lawful existence and operation on April 6, 1967, and
			 may continue to exist and operate (1) as long as it continues to be lawfully
			 maintained, (2) is not extended or enlarged, or (3) substantially changed in
			 use.
(d) In order for a junkyard to
			 continue as a nonconforming junkyard, there must be existing property rights in
			 the junkyard and junk affected by these rules. A junkyard may not continue to
			 exist if it has been abandoned, destroyed, or voluntarily discontinued. The
			 Department shall consider the following criteria as the minimum criteria which
			 must exist and must be applied before any determination can be made by the
			 Department that a junkyard or junk has been abandoned:
1. The junkyard has not operated or conducted
			 business for 1 year or more, or
2.
			 The junkyard is in need of substantial repair or maintenance; or
3. The junkyard owner cannot be found or
			 determined after a diligent search has been made by a representative of the
			 Department as verified by his affidavit which shall set forth all the steps
			 taken and attempts made to locate and determine said owner.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.07 - Unlawful Junkyards

Current through Rules and Regulations filed through June 27, 2024
(1) The Department, through its designated
			 representatives shall inspect junkyards periodically to insure that they are
			 being operated in accordance with the applicable laws, rules and regulations
			 pertaining to junkyard control, and shall require that all screening materials
			 be maintained in such a manner as to accomplish the objective of these rules.
			 If the inspection discloses that a junkyard is being operated in violation of
			 these rules or the provisions of Georgia Laws 1973, pp. 947, 1068-1069 (Code
			 Section
			  32-6-240
et
			 seq.
, O.C.G.A.), the owner shall be informed in writing, sent by
			 registered mail, stating the violation and instructing him to make the
			 corrections within 60 days from the date of the letter.
(2) If the owner fails to make the correction
			 noted in the letter mentioned in subsection (a) above within the required time,
			 the Department's representative making the inspection shall submit to the State
			 Traffic and Safety Engineer the following information:
(a) Name and address of the owner.
(b) Type of business, i.e. sole
			 proprietorship, partnership or corporation. If it is a partnership, all
			 partners and the names and addresses of each shall be included.
(c) Specific location.
(d) Past record of compliance or
			 noncompliance.
(e) Number of times
			 contacted by the Department's representative.
(f) Date of each contact and
			 results.
(g) Recommendation as to
			 what would be required to obtain compliance.
(h) Type of material stored at junkyard and
			 quantity.
(i) Copy of letter sent
			 to the owner in accordance with subsection (a) above.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.08 - Screening Criteria

Current through Rules and Regulations filed through June 27, 2024
(1) Plan for Screening of Junkyards
			 Established after April 6, 1967.
(a) The
			 screening shall be located on the owner's land and not on any part of the
			 highway right-of-way.
(b) The
			 screen shall be in place prior to the time the junk is deposited.
(c) At no time after the screen is
			 established shall the junk be stacked high enough to be visible above the
			 screen. No junk shall be placed outside of the screened areas.
(d) Fences must be located in such a manner
			 as to not be hazardous to the traveling public.
(e) The construction of fences shall be
			 uniform and no patchwork type of construction shall be permitted.
(f) When fences are painted, the paint used
			 shall be of a color so as to blend into the environs of the highway
			 right-of-way.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-8 - RULES AND REGULATIONS GOVERNING THE CONTROL OF JUNKYARDS › Rule 672-8-.09 - Junkyards Adjacent to Future Interstate and Primary Highways

Current through Rules and Regulations filed through June 27, 2024
Junkyard sites along highways determined in the future to be
				Interstate or Primary highways, and not now so designated, will be within the
				control requirements of these rules. Such junkyard sites will be considered for
				screening, removal or relocation by the Department if they meet all the
				requirements as set forth in these rules and regulations.
Ga. L. 1973, pp. 947,
				1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L.
				1973, pp. 947, 982 (Ga. Code of Public Transportation, §
				 95A-303).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words when used in Chapter 672-9 shall have the
				following meanings unless the context thereof indicates another meaning:
(a) Aircraft: Any machine, whether heavier or
			 lighter than air, used or designated for flight in the air.
(b) Airplane: An engine-driven, fixed-wing
			 Aircraft that is supported in flight by the dynamic reaction of the air against
			 its wings.
(c) Airport: Any area of
			 land, water, or mechanical structure which is used for the landing and takeoff
			 of Aircraft, and is open to the general public, as evidenced by the existence
			 of a current and approved Federal Aviation Administration Form 7480-1 or any
			 successor application, for such use without prior permission or restrictions
			 and includes any appurtenant structures and areas which are used or intended to
			 be used for airport buildings, other airport facilities, rights of way or
			 easements; provided, however, that the term "Airport" shall not include the
			 following facilities used as airports:
1.
			 Facilities owned or operated by the United States or an agency thereof except
			 for some joint use airports;
2.
			 Privately owned facilities not open to the general public when such facilities
			 do not interfere with the safe and efficient use of airspace of a facility for
			 which a license or an Airport Operating Certificate issued under 14 C.F.R. Part
			 139 of the Regulations of the Federal Aviation Administration, or any successor
			 regulations, has been granted;
3.
			 Facilities being operated pursuant to  14 C.F.R. Part 139  relating to
			 certification requirements for airports serving scheduled air carrier
			 operations, or any successor agency of the United States government.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.02 - Repealed and Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  32-2-2(b),   32-9-8,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.03 - Airports: Licensing Minimum Standards

Current through Rules and Regulations filed through June 27, 2024
A. Unobstructed Approach Paths for:
1. Runways less than 4000 ft shall begin at
			 the runway end (marked threshold), shall slope upward at a minimum of 15:1
			 ratio, be centered along the extended runway centerline beginning at a width of
			 120 ft and extend for 500 ft to a width of 300 ft and continue at a width of
			 300 ft for an additional 2500 ft.
2. Runways 4000 ft. but less than 5000 ft
			 shall begin at the runway end (marked threshold), slope upward at a minimum of
			 20:1 ratio, be centered along the extended runway centerline beginning at a
			 width of 250 ft and extend for 2250 ft to a width of 700 ft and continue at a
			 width of 700 ft for an additional 2750 ft.
3. Runways 5000 ft. or more shall begin at
			 the runway end (marked threshold), slope upward at a minimum of 20:1 ratio, be
			 centered along the extended runway centerline beginning at a width of 340 ft
			 and extend for 2200 ft to a width of 1000 ft and continue at a width of 1000 ft
			 for an additional 7,800 ft.
4. All
			 penetrations of the Approach Paths, whether natural or manmade, constitute an
			 Obstruction to navigation and a violation to licensing standards. If the
			 Obstruction is not removed, the runway threshold must be displaced or relocated
			 to a point on the runway that will provide a clear and unobstructed flight
			 path.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-9 - RULES AND REGULATIONS FOR LICENSING OF CERTAIN OPEN-TO-THE-PUBLIC AIRPORTS › Rule 672-9-.05

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										32-2-2(b),   32-9-8,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS › Rule 672-10-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words used in this chapter shall have the
				following meanings unless the context thereof indicates another meaning:
(a) Act: Transportation of Hazardous
			 Materials Act, Act 487, Georgia Laws of 1979, p. 789.
(b) Exclusive Use Vehicle: A vehicle designed
			 or used exclusively for transporting hazardous materials or any vehicle during
			 a trip which, due to requirements based on the nature of a particular load, is
			 allowed to transport only that material.
(c) Hazardous Material: All radioactive
			 materials, liquified natural gas (LNG), and polychlorinated biphenal
			 (PCB).
(d) 49 CFR: Title 49 of the
			 United States Code of Federal Regulations.
Ga. L. 1979, pp. 789,
				794: Ga. L. 1973, pp. 947, 982 (Ga. Code of Public Transportation, §
				 95A-303); Ga. L. 1964, p. 338, as amended (Ga. Code Ann. Chapter
				3A).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS › Rule 672-10-.02 - Permit Requirements and Letters of Intent

Current through Rules and Regulations filed through June 27, 2024
(1) Permits are required for all loads of
			 liquified natural gas (LNG), all loads of polychlorinated biphenal (PCB), and
			 all loads of radioactive materials which are transported on an exclusive use
			 vehicle, or are spent fuels, or have a Transportation Index in excess of 50, or
			 which are "Large Quantities" as defined in 49 CFR, those being more than 20
			 curies of Transport Groups I and II, more than 200 curies of Transport Groups
			 III and IV, more than 5,000 curies of Transport Group V, more than 50,000
			 curies of Transport Groups VI and VII, or more than 5,000 curies of any
			 "Special Form" material.
(2) Movers
			 of hazardous materials not requiring a permit as specified in (1) above shall
			 initially, and annually thereafter, declare in writing to the Georgia
			 Department of Transportation their intent to transport or continue to transport
			 hazardous materials within the State, furnishing the following information:
(a) Name and address of the mover;
(b) Name, address, and phone number of the
			 individual in responsible charge of the movements;
(c) The estimated number of trips and the
			 types and quantities of hazardous materials to be transported per
			 trip.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS › Rule 672-10-.03 - General Restrictions on Issuance of Permits

Current through Rules and Regulations filed through June 27, 2024
(1) No single trip permit shall be issued
			 authorizing in excess of five (5) travel days for the movement
			 specified.
(2) No permit shall be
			 required for movements of weaponry or other classified loads when being moved
			 by the U.S. Department of Energy, on government owned vehicles, when under the
			 direction of and escorted by said Department of Energy personnel.
Ga. L. 1979, pp. 789,
				794; Ga. L. 1973, pp. 947. 982 (Ga. Code of Public Transportation, §
				 95A-303): Ga. L. 1964, p. 338, as amended (Ga Code Ann. Chapter
				3A).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS › Rule 672-10-.05 - Special Conditions Applying to Certain Movement

Current through Rules and Regulations filed through June 27, 2024
In addition to the conditions set forth in Rule
				 672-10-.04,"Conditions Applying to
				All Permits", above, the following special conditions shall apply to the
				movements of the vehicles or loads specified below:
(a) Prior notification shall be required for
			 all loads that must have a permit in accordance with Rule
			  672-10-.02  except loads of PCB being
			 transported in a totally enclosed manner as defined in
			  40 CFR 761.20  of the United States Code of Federal
			 Regulations. Prior notification shall consist of the driver calling the
			 Department at the number shown on the permit upon beginning any movement within
			 the State, or upon entering the State with any such vehicle or load, and
			 supplying the following information:
1.
			 Company name;
2. Permit
			 number;
3. Load type and
			 amount;
4. Origin of move--time and
			 place with regard to Georgia;
5.
			 Destination of move--time and place with regard to Georgia;
6. Route of travel preferred.
Upon furnishing the information, the driver will be given
				approval of his route request, or a different route if necessary, and a Georgia
				DOT Authorization Code, which shall authorize the driver to begin his movement.
				Upon completion of a movement within the State, or upon leaving the State with
				any such vehicle or load, the driver shall again call the Department, give his
				authorization code, and inform the Department that his movement has been
				completed. If at any time an incident, accident, or breakdown occurs the driver
				shall immediately call the Department, give his authorization code, and supply
				all facts concerning the time, location, and nature of the occurrence.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-10 - TRANSPORTATION OF HAZARDOUS MATERIALS › Rule 672-10-.06 - Letters of Intent, Applications, and Permit Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Letters of Intent to move hazardous
			 materials, applications for permits, and permit fees shall be addressed to the
			 Office of Permits and Enforcement, State Department of Transportation, 940
			 Virginia Avenue, Building One, Hapeville, Georgia 30354 (telephone--area code
			 404-656-5428).
(2) Letters of
			 Intent. There is no fee required for the submittal of, or subsequent movement
			 made within the authority of a letter of intent.
(3) Permit Fees. The fees for permits shall
			 be $100.00 for annual permits and $25.00 for a single trip permit. Such fee
			 shall accompany the permit application, or be taken from an escrow account and
			 may be made by cash, company check, money order, or by certified or cashiers
			 check. Personal checks will not be accepted. Checks and money orders shall be
			 made payable to the Department of Transportation, State of Georgia.
(4) Permit Procedures:
(a) Single trip permit, application for. An
			 application for a single trip permit may be made by telephone, by letter, or in
			 person, giving the applicable information required, which shall include the
			 name of the person in the organization who is the primary point of contact for
			 information or action with regard to any movement or emergency situation, and
			 other items of vehicle, load, and emergency action information. The permit fee
			 shall be transmitted to the Office of Permits and Enforcement, State Department
			 of Transportation, prior to the issuance of the permit. The Office of Permits
			 and Enforcement, as requested in the application, may use any of the following
			 methods to transmit a single trip permit to the applicant;
1. Facsimile transmission;
2. Mail;
3. Western Union Telegram;
4. Presentation in person.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-11 - INSTALLATION, RELOCATION, AND MANAGEMENT OF UTILITIES ON PUBLIC RIGHTS-OF-WAY › Rule 672-11-.01 - Purposes of Chapter

Current through Rules and Regulations filed through June 27, 2024
(1) O.C.G.A. §
								32-6-174 grants the Department authority to promulgate reasonable regulations governing
			 the installation, construction, maintenance, renewal, removal, and relocation
			 of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and
			 other such signals, and other equipment and appliances of any utility in, on,
			 along, over, or under any part of the state highway system or any public road
			 project which the Department has undertaken or agreed to undertake or which has
			 been completed by the Department pursuant to its authority.
(2) In managing the Public Rights-of-Way
			 obtained pursuant to the Department's authority, the Department requires
			 Permits and accompanying fees for the installation of any private or public
			 Utility within the Public Rights-of-Way.
(3) For Communications Utilities, pursuant to
			  47 U.S.C. §
									253, states may require reasonable
			 compensation from providers of telecommunications services for use of Public
			 Rights-of-Way. The Permit fees that are set forth in this Chapter shall be
			 specifically designated to cover the Department's actual incurred costs of
			 administering the Permit program, which includes costs associated with the
			 approval and administration of Permits, the inspection of work on the Public
			 Rights-of-Way, and the continued occupancy by the permitted Utility on the
			 Public Rights-of-Way. The Permit fees shall not result in the recovery of more
			 than those actual incurred costs by the Department. The Department shall
			 perform or cause to be performed an audit of this Chapter and the Permit fees
			 set forth in Section
			  672-11-.04  at a minimum every five
			 (5) years in order to ensure that Permit fees remain based on actual incurred
			 costs. Based upon the result of this audit, the Department may amend this
			 Chapter in accordance with the Georgia Administrative Procedure Act.
O.C.G.A.
				§§
										32-6-174,   50-13-4,   32-2-2.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-11 - INSTALLATION, RELOCATION, AND MANAGEMENT OF UTILITIES ON PUBLIC RIGHTS-OF-WAY › Rule 672-11-.03 - Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Non-Communication Utilities

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall follow the same
			 policies, procedures, and standards for approving Permits for the installation
			 of Non-Communication Utility facilities on Public Rights of Way as set out in
			 the UAM.
(2) In addition to the
			 requirements of the UAM, a Non-Communications Utility shall enter into an
			 agreement with the Department for payment of an annual lump sum amount that
			 represents a reasonable approximation of the average cost to the Department
			 associated with the administration of the Permits of the Non-Communications
			 Utility, the inspection of work on the Public Rights-of-Way, and the continued
			 occupancy by the permitted Non-Communications Utility on the Public
			 Rights-of-Way to be negotiated on an individual basis. Such agreements will
			 take into consideration the mileage and/or number of facilities in place by the
			 Non-Communications Utility, the amount of current and anticipated Permit work
			 within the Public Rights-of-Way, and the estimated costs to the Department of
			 the Non-Communications Utility's operations. Such agreement shall provide for
			 annual adjustments of the fee amount.
(3) The Department and a Non-Communications
			 Utility may have entered into an agreement for payment of an annual lump sum
			 amount prior to the adoption of this Chapter. Such agreements will remain in
			 full force and effect if desired by the Non-Communications Utility and the
			 Department or may be renegotiated.
O.C.G.A.
				§§
										32-6-174,   50-13-4,   32-2-2.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-11 - INSTALLATION, RELOCATION, AND MANAGEMENT OF UTILITIES ON PUBLIC RIGHTS-OF-WAY › Rule 672-11-.04 - Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Communication Utilities

Current through Rules and Regulations filed through June 27, 2024
(1)
Issuance of
			 Permits
.
a. This Section
			  672-11-.04  applies only to Permits for use of the Public Rights-of-Way by
			 Communications Utilities. The Department shall follow the same policies,
			 procedures, and standards for approving Permits for the installation of
			 Communication Utility facilities on Public Rights of Way as apply to
			 Non-Communications Utilities as set out in the UAM, except that payment of
			 Permit fees shall be required as set forth herein.
b. The fees set forth in this Chapter shall
			 not apply to crossing Public Rights-of-Way when not in conjunction with a
			 longitudinal access.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Chapter 12 of the Rules and Regulations lists the grant
				programs of the Department of Transportation in description as a prerequisite
				to making grants as required by "The Fair and Open Grants Act of 1993" (Code
				1981, Section
				  28-5-120, enacted by Georgia Legislation 1993, p. 1914, 20).
O.C.G.A. Sec.
				  32-2-2(b).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.02 - Federal Transit Administration (FTA) Section 3 Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and
			 Purpose.
To provide capital assistance to public transit
			 agencies.
(2)
Terms and
			 Conditions.
All eligible applicants under 200,000 population must
			 complete an application as outlined in
Georgia Administrative Guide to
			 Implement the FTA Section 9 Grant Program for Urbanized Areas Under 200,000
			 Population.
The applicant must also adhere to all FTA regulations
			 outlined in Circular 9030.1A.
(3)
Eligible Recipients.
Designated public body that has the legal
			 authority to receive and dispense Federal funds.
(4)
Criteria for Award.
Applicants must submit a grant application to Georgia Department of
			 Transportation (GDOT) along with a Program of Projects. The Program of Projects
			 is approved by the MPO process and is advertised for public review. The grant
			 application is reviewed and approved by FTA subject to Federal funding
			 availability.
(5)
Directions
			 and Deadlines.
Section 3 grant applications may be submitted to GDOT at
			 any time. They are submitted to FTA during the beginning of each quarter
			 (January 1st, April 1st, July 1st or October 1st). Based on funding
			 availability, FTA approves grants by the end of the quarter. Information
			 relating to this grant program may be obtained from the Georgia Department of
			 Transportation, Office of Intermodal Programs, 276 Memorial Drive, SW, Atlanta,
			 Georgia 30303-3743.
O.C.G.A. Sec.
				  32-9-1.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.03 - Federal Transit Administration (FTA) Section 8 Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and
			 Purpose.
To provide planning assistance to Metropolitan Planning
			 Organizations (MPO).
(2)
Terms and Conditions.
All MPOs must complete an application as
			 outlined in Administrative Guide For Transit Planning Assistance Under the FTA
			 Section 8 Program for Georgia Metropolitan Planning Organizations. The
			 applicant must also adhere to all FTA regulations outlined in Circular
			 8100.1A.
(3)
Eligible
			 Recipients.
Designated Metropolitan Planning Organizations that have the
			 legal authority to receive and dispense Federal funds.
(4)
Criteria for Award.
Applicants must submit a grant application to Georgia Department of
			 Transportation (GDOT) along with a Budget Information Form outlining the
			 planning elements identified in the Unified Planning Work Program. Prior to
			 grant request, these planning elements are approved by the MPO process. The
			 consolidated grant application on behalf of all MPOs is submitted to FTA for
			 approval.
(5)
Directions and
			 Deadlines.
Section 8 grant applications are submitted to GDOT no later
			 than March 1st of each year. They are typically submitted to FTA on April 1st
			 and are approved on June 30th. Information relating to this grant program may
			 be obtained from the Georgia Department of transportation, Office of Intermodal
			 Programs, 276 Memorial Drive, SW, Atlanta, Georgia 30303-3743.
O.C.G.A. Sec.
				  32-9-1.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.04 - Federal Transit Administration (FTA) Section 9 Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and
			 Purpose.
To provide capital, planning or operating assistance to public
			 transit agencies.
(2)
Terms
			 and Conditions.
All eligible applicants under 200,000 population must
			 complete an application as outlined in
Georgia Administrative Guide to
			 Implement the FTA Section 9 Grant Program for Urbanized Areas Under 200,000
			 Population.
The application must also adhere to all FTA regulations
			 outlined in Circular 9030.1A.
(3)
Eligible Recipients.
Designated public body that has the legal
			 authority to receive and dispense Federal funds.
(4)
Criteria for Award.
Applicants must submit a grant application to Georgia Department of
			 Transportation (GDOT) along with a Program of Projects. The Program of Projects
			 is approved by the MPO process and is advertised for public review. The grant
			 application is reviewed and approved by FTA.
(5)
Directions and Deadlines.
Section 9 grant applications are typically submitted to GDOT by May 1st of each
			 year. A consolidated grant application is submitted to FTA by July 1st. FTA
			 approves grants by the end of the quarter or September 30th. Information
			 relating to this grant program may be obtained from the Georgia Department of
			 Transportation, Office of Intermodal Programs, 276 Memorial Drive, SW, Atlanta,
			 Georgia 30303-3743.
O.C.G.A. Sec.
				  32-9-1.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.05 - Federal Transit Administration (FTA) Section 18 Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and
			 Purpose.
To provide capital and operating assistance to rural areas
			 (under 50,000 population).
(2)
Terms and Conditions.
All eligible applicants in rural areas must
			 complete an application as outlined in
Georgia State Management Plan
			 and Administrative Guide for Rural and Small Urban Areas - Section 18.
The applicant must also adhere to all FTA regulations outlined in Circular
			 9040.1B.
(3)
Eligible
			 Recipients.
Local public bodies and operators of public transportation
			 services that have the legal authority to receive and dispense Federal
			 funds.
(4)
Criteria for
			 Award.
Applicants must submit to Georgia Department of Transportation
			 (GDOT) an annual grant application by October 1st of each year. The program
			 request is advertised for public review. A consolidated Section 18 grant
			 application is submitted annually for approval by FTA.
(5)
Directions and Deadlines.
Section 18 grant applications are submitted to GDOT by October 1st of each
			 year. A consolidated grant application is submitted to FTA for review. FTA
			 approves grants by the end of the quarter following submission. Information
			 relating to this grant program may be obtained from the Georgia Department of
			 Transportation, Office of Intermodal Programs, 276 Memorial Drive, SW, Atlanta,
			 Georgia 30303-3743.
O.C.G.A. Sec.
				  32-9-1.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.06 - Local Rail Freight Assistance Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
To
			 provide financial assistance for capital projects to preserve and improve local
			 rail freight service.
(2)
Terms and Conditions.
The recipient must adhere to federal laws
			 and regulations as specified in the federal grant agreement and, 49 CFR part
			 266 and applicable state laws and regulations.
(3)
Eligible Recipients.
Rail
			 lines in the State of Georgia which carry three million or less gross tons of
			 freight annually.
(4)
Criteria for Award.
Available funding is awarded in accordance
			 with the priority placed on each eligible rail line as a result of the detailed
			 analysis performed as part of the State Rail Plan.
(5)
Directions and Deadlines.
Recipient rail lines must be analyzed in the State Rail Plan. The plan is
			 updated periodically and any eligible rail line not currently included in the
			 State Rail Plan may be identified and requested for inclusion by writing the
			 Georgia Department of Transportation, Office of Intermodal Programs, 276
			 Memorial Drive, SW, Atlanta, Georgia 30303-3743.
O.C.G.A. Sec.
				  32-9-6.