reglab/statecodes huggingface dataset:
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.33 - Variances and Exemptions

Current through Rules and Regulations
				filed through June 27, 2024
(1) Variances and exemptions from certain
				provisions of these regulations may be granted by the Director pursuant to
				O.C.G.A. Sec.
				12-5-178 and
				40 CFR §
										141.4 and in the case of arsenic,
				40 CFR §
										142.20(b).
(2) Variances or exemptions from the MCLs for
				total coliforms and
E. coli
and variances from any of the
				treatment technique requirements of Subpart H systems may not be granted. As
				provided in 40 CFR §
										142.304(a), small systems
				variances are not available for rules addressing microbial contaminants, which
				would include 40 CFR Part 141 Subparts H, P, S, T, W, and Y.
(3) The Division has stayed the effective
				date relating to the total coliform MCL of Rule
				391-3-5-.18(4)(a)
				for systems that demonstrate to the Division that the violation of the total
				coliform MCL is due to a persistent growth of total coliforms in the
				distribution system rather than fecal or pathogenic contamination, a treatment
				lapse or deficiency, or a problem in the operation or maintenance of the
				distribution system. This is stayed until March 31, 2016, at which time the
				total coliform MCL is no longer effective.
O.C.G.A.
				  §
											12-5-170
et
				  seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.34 - Emergencies

Current through Rules and Regulations filed through June 27,
				2024
Whenever the Director finds that an emergency exist,
				  presenting an imminent hazard to the public health, safety or welfare,
				  requiring immediate action to protect the public health and to insure that the
				  need for safe drinking water is met, he may, without notice or hearing, issue
				  such order or orders as he deems necessary and appropriate to meet to
				  emergency. Any such order shall cite the existence of an emergency and shall
				  contain a brief statement of the reasons for his finding that an emergency
				  exists. Such orders shall be immediately effective and any person affected
				  thereby shall comply therewith immediately. Such orders shall, however, contain
				  a notice of the time and place of a hearing scheduled within twenty (20) days
				  from the issuance of such order before a Hearing Officer, appointed by the
				  Department. Based upon the findings, of the Hearing Officer, the order shall be
				  modified, revoked, or continued as the Hearing Officer deems
				  appropriate.
Ga. L. 1977, p. 351.
et seq.
, O.C.G.A. Sec.
				  12-5-170
et seq.
,
				  as amended.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.35 - Inspections and Investigations

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Access for Inspection or
				Investigation.
The Director, or his appointed agent, shall be permitted
				access in or upon any private or public property at all reasonable times for
				the purpose of inspecting or investigating conditions, processes, equipment,
				methods, treatment, facilities, or records relating to or associated with the
				operation of any water system, to determine applicability of and compliance
				with the Act and these rules, to investigate any apparent violation of the Act,
				and to make such other investigations as he deems advisable and necessary for
				the protection of the public health or welfare pursuant to the Act.
(2)
Issue Orders for Compliance.
Based on the Director's findings in any such inspection or investigation, or
				upon denial of entry pursuant to the above paragraph, the Director may issue
				such orders as are necessary to insure compliance with the Act and these
				rules.
Ga. L. 1977, p. 351,
et seq.
, O.C.G.A. Sec.
				  12-5-170
et seq.
,
				  as amended.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.36 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
The administration and enforcement of these rules and
				  regulations shall be in accordance with the Georgia Administrative Procedure
				  Act. Such enforcement measures include, but are not limited to, administrative
				  orders, court orders, injunctive relief, and civil and criminal penalties
				  pursuant to the Act.
Ga. L. 1977, p. 351
et seq.
, O.C.G.A. Sec.
				  12-5-170
et seq.
,
				  as amended.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.37 - State Primacy Maintenance

Current through Rules and Regulations
				filed through June 27, 2024
(1) Notwithstanding any other section, the
				requirements of these Safe Drinking Water Rules shall in any event be the same
				as the requirements of the National Primary Drinking Water Regulations in 40
				CFR, Part 141 promulgated pursuant to Section 1412 of the Federal Act
				(42 U.S.C.
				300g-1).
(2) The Director may prescribed more
				stringent requirements than those specified by any other section of these Safe
				Drinking Water Rules when necessary to:
(a)
				meet any requirements of the Federal Act and Regulations; or
(b) safeguard the public health, safety and
				welfare.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.38

Current
				through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				  §
											12-5-170
et
				  seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.39 - Public Water System Classification

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. In accordance with
				Section 10 of the Certification of Water and Wastewater Treatment Plant
				Operators and Laboratory Analysts Act (O.C.G.A. Section
				43-51-1) the following
				classifications shall be considered as minimum levels, and the Division may
				classify any system or plant at a higher level if the complexity of the system
				or plant warrants such higher classification in the judgment of the Division.
				Any system or plant not fitting any of the following standard descriptions
				shall be classified individually according to the judgment of the Division.
				Where water is supplied to a distribution system from two or more sources, the
				classification may be set by the Division.
(2)
Minimum Classifications.
The
				following classifications shall be considered as minimum levels:
Public Water System Classification for Community and
				  Non-transient Non-community Systems (1)
System Size
Class I
Class II
Class III
Class IIIG
Class IV
Surface water with conventional treatment
							 plant
5.0 MGD or greater
4.99 MGD or less
n/a
n/a
n/a
Surface water with package or non-conventional
							 treatment plant
1.0 MGD or greater
0.99 MGD or less
n/a
n/a
n/a
Surface water with approved high-rate
							 filtration
3.0 gpm/sq.ft. or greater
Less than 3.0 gpm/sq.ft.
n/a
n/a
n/a
Groundwater under the direct influence of surface
							 water
1.0 MGD or greater
Greater than 0.1 MGD to 0.99 MGD
0.1 MGD or less
n/a
n/a
Groundwater
50,000 or greater population
10,000 to 49,999 population
1,000 to 9,999 population
1,000 to 9,999 population
25 to 999 population
Distribution Systems
Certification is required for the operator of public
							 water distribution systems.
Note: (1) MGD is million gallons
				  per day; gpm/sq.ft. is gallons per minute per square-foot filter surface area;
				  n/a is not applicable.
(3)
Groundwater
Transient Non-community Water Systems. All Transient
				Non-community water systems with groundwater sources must have at least a Class
				IV operator certification.
(4)
Surface Water
Transient Non-community Water Systems. Certification
				of Transient Non-community water systems with surface water will be specified
				in their permit to operate a public water system.
(5)
Higher Classification
. When
				the complexity of water treatment warrants it, a higher classification may be
				required and specified in the permit to operate a public water
				system.
O.C.G.A.
				  §
											12-5-170
et
				  seq
.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.40 - Wellhead Protection

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Purpose.
The following rule
				for wellhead protection serve to help protect wells and springs used as sources
				of water supply for community public water systems owned by and/or serving
				municipalities, counties, and authorities from nearby pollution
				sources.
(2)
Development of
				Wellhead Protection Plan.
The Division shall develop a Wellhead
				Protection Plan for every well, well field or spring which is used as a source
				for a community public water supply owned by and/or serving a municipality,
				county, or an authority.
(3)
Components of Wellhead Protection Plans.
Wellhead Protection Plans
				shall consist of five parts; namely:
(a) an
				identification and location of a Control Zone for each well or
				spring;
(b) an identification and
				location of each required Management Zone for each well or spring;
(c) an inventory of potential pollution
				sources in the designated wellhead protection areas;
(d) a management plan for potential pollution
				sources identified in the inventory; and
(e) if available, a contingency plan
				submitted by the supplier to the Division describing how alternate water
				supplies will be provided in case the well(s) in question become polluted. The
				Division shall develop all individual Wellhead Protection Plans consistent with
				the rules.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.41 - Consumer Confidence Reports

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose and Applicability.
40 CFR Part 141, Subpart
				O§
										141.151 is hereby incorporated by
				reference.
(2)
Effective
				Dates.
(a) Each existing community
				water system must deliver to all its customers its first report by October 19,
				1999, its second report by July 1, 2000, and subsequent reports by July 1
				annually thereafter. The first report must contain data collected during, or
				prior to, calendar year 1998 as prescribed in 40 CFR Part 141, Subpart
				O§141.153(d)(3). Each report thereafter must contain data collected
				during, or prior to, the previous calendar year.
(b) A new community water system must deliver
				to all its customers its first report by July 1 of the year after its first
				full calendar year in operation and annually thereafter.
(c) A community water system that sells water
				to another community water system must deliver the applicable information
				required in 40 CFR Part 141,
				Subpart O§
											141.153 to the buyer system:
1. No later than April 19, 1999, by April 1,
				2000, and by April 1 annually thereafter or
2. On a date mutually agreed upon by the
				seller and the purchaser, and specifically included in a contract between the
				parties.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.42 - Source Water Assessment

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Purpose.
The following Rule
				for Source Water Assessment serves to help protect the source waters of public
				water systems of the State.
(2)
Requirement to Develop a Source Water Assessment Plan.
By May
				2003, each public water system of the State shall develop a Source Water
				Assessment Plan (SWAP) for every well and surface water intake used by the
				water system. SWAPs will be developed in accordance with the Division's
Source Water Assessment and Protection Implementation Plan for Public
				Drinking Water Sources.
Large surface water systems, which supply
				water (directly or through wholesale) to a population of 50,000 or more, will
				be delegated the responsibility of developing and implementing a Source Water
				Assessment Plan. Surface water systems which supply water (directly or through
				wholesale) to a population less than 50,000 will have the assessment done by
				the Division. The Division encourages both large and small surface water
				systems to create partnerships with each other and the Division in order to
				conduct assessment of common regional watersheds.
(3)
Components of a Source Water
				Assessment Plan.
A SWAP shall consist of four parts:
(a) The delineation of the area in proximity
				to the water well(s) or surface water intake(s) shall consist of:
1. At a minimum, a zone equivalent to the
				outer management zone of a wellhead protection area for water wells.
2. At a minimum, the upstream surface
				drinking water intake catchment area portions of the watershed as defined in
				the SWAP Implementation Plan.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.43 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.44 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351.
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.45 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.46 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351.
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.47 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.48 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
(Ga. Code Ann. Ch. 17-1301
et seq.
);
				  Ga. L. 1972, p. 1015,
et seq.
, as amended (Ga. Code Ann. Sec.
				  40-3501
et seq.
); Ga. L. 1980, Act #721 Approved March 5,
				  1980.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.49 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.50 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.51 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1977, p. 351,
et seq.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.54 - Ground Water Rule

Current through Rules and Regulations filed
				through June 27, 2024
Purpose.
The United States Environmental
				  Protection Agency established the Ground Water Rule, which the Division has
				  adopted, to provide increased protection against microbial pathogens in public
				  water systems that use ground water as the source of drinking water.
(1)
General Requirements and
				Applicability.
40 CFR
				Part 141, Subpart S §
										141.400 is hereby
				incorporated by reference.
(a) This Rule
				applies to the following:
1. Systems relying
				totally on ground water; purchased water systems or consecutive systems
				receiving ground water;
2. Mixed
				surface and ground water systems where ground water is added directly to the
				distribution system or to the treated surface water prior to entry into the
				distribution system.
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 391-3-5 - RULES FOR SAFE DRINKING WATER › Rule 391-3-5-.55 - Revised Total Coliform Rule

Current through Rules and
				Regulations filed through June 27, 2024
(1)
General.
(a)
General
. The provisions
				of this Rule include both maximum contaminant level and treatment technique
				requirements.
(b)
Applicability
. The provisions of this Rule apply to all public
				water systems.
(c)
Compliance date
. Systems must comply with the provisions of
				this Rule beginning April 1, 2016, unless otherwise specified in this
				Rule.
(d)
Violations of
				national primary drinking water regulations
. Failure to comply with
				the applicable requirements of this Rule, including requirements established by
				the Division pursuant to these provisions, is a violation of the national
				primary drinking water regulations.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.02 - Preparation and Submission of Engineering Reports, Plans Specifications, and Environmental Information Documents

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of
				Rule 391-3-6-.02 is
				to establish procedures to:
(a) Be followed
				by persons submitting to the Division engineering reports, plans and
				specifications, and related materials for the construction of any system for
				the disposal or treatment of pollutants;
(b) Provide for environmental assessment and
				public participation for all proposed publicly owned wastewater treatment
				facility construction, including construction, upgrading, or expansion of new
				or existing facilities.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.04 - Marine Sanitation Devices

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of
				Rule 391-3-6-.04 is
				to prescribe procedures pertaining to construction, installation and operation
				of marine sanitation devices, facilities or methods of sewage
				disposal.
(2)
Definitions.
All terms used in the Paragraph shall be interpreted
				in accordance with the definitions as set forth in the Act unless otherwise
				herein defined in this Paragraph or in any other Paragraph of these Rules.
(a) "Boat" means any vessel or watercraft
				whether moved by oars, paddles, sails, or other power mechanism, inboard or
				outboard, or any other vessel or structure floating upon the waters of this
				State whether or not capable of self locomotion, including, but not limited to,
				cabin cruisers, houseboats, barges and similar floating objects.
(b)"Marine Toilet" means any toilet on or
				within any boat.
(c) "Other
				Disposal Unit" means any device on or within any boat, other than marine
				toilet, which is intended for use in the disposal of human body wastes or
				sewage.
(d) "Blender" means any
				mechanical device capable of reducing sewage solids into a finely divided state
				such that a liquid disinfecting agent may be effectively dispersed throughout
				the blended sewage.
(e) "Marine
				Sanitation Devices" mean any equipment of installation on a boat which is
				designed to receive, retain, treat or discharge sewage or any process to treat
				such sewage.
(f) "Sewage," for the
				purposes of this Paragraph only, means water carried wastes, which are
				generated by human beings or their activities.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.05 - Emergency Actions

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. The purpose of
				Paragraph
				391-3-6-.05 is to provide procedures
				to handle any emergency which endangers the waters of the State.
(2)
Definitions
. All terms used
				in this Paragraph shall be interpreted in accordance with the definitions as
				set forth in the Act unless otherwise defined in this Paragraph or in any other
				Paragraph of these Rules.
(a) "Spill" means
				any discharge of raw sewage by a Publicly Owned Treatment Works (POTW) to the
				waters of the State.
(b) "Major
				Spill"; means:
1. The discharge of pollutants
				into the waters of the State by a POTW that exceeds the weekly average
				permitted effluent limit for biochemical oxygen demand (5-day) or total
				suspended solids by 50 percent or greater for any one day, provided that the
				effluent discharge concentration is equal to or greater than 25 mg/L for
				biochemical oxygen demand or total suspended solids.
2. Any discharge of raw sewage that (1) is in
				excess of 10,000 gallons or (2) results in water quality violations in the
				waters of the State.
(c)
				"Consistently exceeding an effluent limitation" means a POTW exceeding the 30
				day average limit for biochemical oxygen demand or total suspended solids for
				at least five days out of each seven day period during a total period of 180
				consecutive days.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.09 - Requirements for Approval and Implementation of Publicly Owned Treatment Works Pretreatment Programs and Administration of the EPD Pretreatment Program

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. The purpose of Rule
				391-3-6-.09 is to provide uniform
				procedures and practices to be followed for the development and submission of
				POTW pretreatment programs for EPD review and approval or denial, and the
				public notification methods to be used.
(2)
Definitions
. All terms used
				in this Rule shall be interpreted in accordance with the definitions as set
				forth in the Act unless otherwise defined in this Paragraph or in any other
				Rules of this Chapter:
(a) "Submission" means
				a request to the Approval Authority for approval of a POTW pretreatment program
				by a POTW.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.10 - Determinations of Categorization of Industrial Users and Requests for Fundamentally Different Factor

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of
				Rule 391-3-6-.10 is
				to provide for uniform procedures and practices to be followed for the
				determination of categorization of industrial users and requests for variances
				for fundamentally different factors. Such determinations will be applicable to
				the approved local POTW pretreatment programs and the pretreatment programs
				supervised and operated by the EPD.
(2)
Definitions.
All terms used
				in this paragraph shall be interpreted in accordance with the definitions as
				set forth in the Act unless otherwise defined in the Paragraph or in any other
				Paragraph of these Rules.
(3)
				Determinations on Categorization of Industrial Users.
(a) Within thirty (30) days after the
				effective date of a pretreatment standard for a sub-category under which an
				industrial user believes itself to be included, the industrial user or POTW may
				request that the Director provide written certification to the effect that the
				industrial user does or does not fall within the particular category. If an
				existing industrial user adds or changes a process or operation which may be
				included in a sub-category, the existing industrial user must request this
				certification prior to commencing discharge from the added or changed process
				or operation. A new source must request this certification prior to commencing
				discharge. Where a request for certification is submitted by a POTW, that POTW
				shall notify any affected industrial user of such submission. The industrial
				user may provide written comments on the POTW submission to the EPD within
				thirty (30) days of notification. Each request shall contain a statement:
1. Describing which sub-categories might be
				applicable;
2. Citing evidence and
				reasons why a particular sub-category is applicable and why others are not
				applicable. Each statement shall contain a certification stating that the facts
				contained therein are true on the basis of the applicant's personal knowledge
				or to the best of his information and belief. The certification shall be
				attested to by a notary public and be specifically as written in
				40 CFR
				403.6(a)(2)(ii).
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.11 - Land Disposal and Permit Requirements

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of Rule
				391-3-6-.11 is to provide for the
				degree of pollutant treatment required and the uniform procedures and practices
				to be followed relating to the application for and the issuance or revocation
				or permits for the discharge of pollutants into land disposal or land treatment
				systems and then into the waters of the State.
(2)
Definitions.
All terms used
				in this Rule shall be interpreted in accordance with the definitions as set
				forth in the Act unless otherwise defined in this Paragraph or in any other
				Rules of this Chapter:
(a) "Act" means the
				Georgia Water Quality Control Act, as amended;
(b) "Land disposal system" means any method
				of disposing of pollutants in which the pollutants are applied to the surface
				or beneath the surface of a parcel of land and which results in the pollutants
				percolating, infiltrating, or being absorbed into the soil and then into the
				waters of the State. Land disposal systems exclude landfills and sanitary
				landfills but include ponds, basins, or lagoons used for disposal of wastes or
				wastewaters, where evaporation and/or percolation of the wastes or wastewaters
				are used or intended to be used to prevent point discharge of pollutants into
				waters of the State. Septic tank systems, as defined in Rule 270-5-25-.01 and
				as approved by appropriate County Boards of Public Health, are not considered
				land disposal systems for purposes of Rule
				391-3-6-.11.
(c) "Land treatment system" means any land
				disposal system in which vegetation on the site is used to remove some of the
				pollutants applied;
(d) "Treatment
				requirement" means any restriction or prohibition established under the Act on
				quantities, rates, or concentrations, or a combination thereof, of chemical,
				physical, biological, or other constituents which are discharged into a land
				disposal or land treatment system and then into the waters of the State,
				including but not limited to schedules of compliance;
(e) "Land disposal system permit application"
				means an application filed by any persons with the Director for a land disposal
				system permit:
(f) "Land disposal
				system permit" means any permit issued by the Division to regulate the
				discharge of any pollutant into a land disposal or land treatment
				system;
(g) "Hydraulic loading
				rate" is the rate at which wastes or wastewaters are discharged to a land
				disposal or land treatment system, expressed in volume per unit area per unit
				time or depth of water per unit area per unit.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.12 - Wastewater Treatment Plant Classification

Current through Rules
				and Regulations filed through June 27, 2024
The following wastewater treatment plant classifications are
				  established as minimum levels. Any plants which do not f it one of these
				  classifications will be classified on a case-by-case basis by the Division. The
				  Division may classify any plant at a higher level based on the complexity or
				  location of the plant or critical uses of the receiving waters.
PLANT TYPE
PERMITTED FLOW (MGD)
CLASSIFICATION (RESPONSIBLE CHARGE
								OPERATOR)
Biological [suspended growth (i.e., activated
								sludge), fixed film (i.e., trickling filter) or land application]. See note
								1
> 3.0
Class I
Biological [suspended growth (i.e., activated
								sludge), fixed film (i.e., trickling filter) or land application]. See note
								1
> 1.0 to 3.0
Class II
Biological [suspended growth (i.e., activated
								sludge), fixed film (i.e., trickling filter) or land application]. See note
								1
1.0
Class III
Biological, waste stabilization pondsand
								constructed Wetlands. See Note 1
Any
Class IV
Industrial
Any
Class Industrial or Biological Class I, II, or
								III
Note 1. This does not apply to industrial or industrial
				  pretreatment facilities. It applies to municipa l and private wastewater
				  treatment plants treating domestic or primarily domestic wastewaters. However,
				  if the industrial treatment system is a biological system, it is recommended
				  that the operator obtain a biological certification. Those industries who have
				  a physical/chemical treatment system should have their operators obtain a Class
				  Industrial certification.
Ga. L. 1964, p. 416,
et seq.
, as amended (Ga. Code Ann. Sec. 17-501
et
				  seq.
); Ga. Laws 1972, p. 1015,
et seq.
, as amended
				  (Ga. Code Ann. Sec. 40-3501
et seq.
), Ga. Laws 1980, Act #721
				  Approved March 5, 1980.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.14 - State Revolving Fund

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Purpose.
The purpose of
				Rule 391-3-6-.14 is
				to provide for the administration and operation of the State Revolving Loan
				Fund.
(2)
Definitions.
All terms used in this Paragraph shall be interpreted in accordance with the
				definitions as set forth in the Act unless otherwise defined in this Paragraph
				or in any other Paragraph of these Rules.
(a)
				"State Revolving Loan Fund" means the loan program developed pursuant to the
				Federal Clean Water Act of 1987.
(b) "Intended Use Plan" means the annual plan
				developed to describe that year's operation and procedures for the Revolving
				Loan Fund.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.15 - Non-Storm Water General Permit Requirements

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. The purpose of this
				Rule 391-3-6-.15 is
				to provide for the degree of waste treatment required and the uniform
				procedures and practices to be followed relating to the application for
				issuance, modification, revocation and reissuance, and termination of general
				permits for the discharge of any pollutant into the waters of the State. Unless
				specifically adopted by reference herein, no other part of this Chapter 391-3-6
				shall govern the issuance of any general permit.
(2)
Definitions
. All terms used
				in this Rule shall be interpreted in accordance with the definitions as set
				forth in the Act unless otherwise defined in this Paragraph or in any other
				Rules of this Chapter:
(a) "General Permit
				Application" means any application filed by any person with the Director for a
				general permit.
(b) A "General
				Permit" means an NPDES permit issued under Title 40 of the Code of Federal
				Regulations (40 CFR), Part 122.28 authorizing a category of discharges under
				the Federal Clean Water Act (Federal Act) within a geographical area.
(c) "Notice of Intent" (NOI) means a form
				used by potential permittee to notify the Division, within a specified time,
				that they intend to comply with a general permit.
(d) "Notice of Termination" (NOT) means a
				form used by a permittee to notify the Division that they wish to cease
				coverage under a general permit.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.16 - Storm Water Permit Requirements

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose
. The purpose of this
				Rule 391-3-6-.16 is
				to provide for the uniform procedures and practices to be followed relating to
				the application for issuance, modification, revocation and reissuance, and
				termination of permits for the discharge of any storm water into the waters of
				the State. Unless specifically adopted by reference herein, no other part of
				this Chapter 391-3-6 shall govern the issuance of any storm water
				permit.
(2)
Definitions
. All terms used in this Rule shall be interpreted in
				accordance with the definitions as set forth in the Act and in
				40 C.F.R.
				122.26(b) unless otherwise
				defined in this Paragraph or in any other Rules of this Chapter:
(a) "Area Wide Permit" means either an
				individual or a general permit issued to a municipality or a group of
				municipalities.
(b) "Associated
				with Industrial Activity" means any industrial activity or industrial facility
				identified in 40 C.F.R.
				122.26(b)(14).
(c) "Storm Water Point Source" means a
				conveyance or system of conveyances (including pipes, conduits, ditches, and
				channels or sheet flow which is later conveyed) primarily used for collecting
				and conveying storm water runoff excluding conveyances that discharge storm
				water runoff combined with municipal sewage.
(d) "Associated with Small Construction
				Activity" means any construction activity identified in
				40 C.F.R.
				122.26(b)(15).
(e) "Small Municipal Storm Sewer System"
				means all separate storm sewers identified in
				40 C.F.R.
				122.26(b)(16).
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.18 - Reserved

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-5-20
et
				  seq.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.19 - General Permit - Land Application System Requirements

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of Rule
				391-3-6-.19 is to provide for the
				degree of waste treatment required and the uniform procedures and practices to
				be followed relating to the application for issuance, modification, revocation
				and reissuance, and termination of general Land Application System (LAS)
				permits for the discharge of any pollutant to a LAS and then into the waters of
				the State.
(2)
Definitions.
All terms used in this Rule shall be interpreted in
				accordance with the definitions as set forth in the Act unless otherwise
				defined in this paragraph or in any other Rules of this Chapter:
(a) "Land Application System" (LAS) means any
				method of disposing of pollutants in which the pollutants are applied to the
				surface or beneath the surface of the parcel of land and which results in the
				pollutants percolating, infiltrating, or being absorbed into the soil and then
				into the waters of the State.
(b)
				"General LAS Permit Application" means any application filed by any person with
				the Director for a general LAS permit.
(c) A "General of LAS Permit" means a LAS
				permit issued under this Rule within a geographical area.
(d) "Notice of Intent" (NOI) means a form
				used by a potential permittee to notify the Division, within a specified time,
				that they intend to comply with a general LAS permit.
(e) "Notice of Termination" (NOT) means a
				form used by a permittee to notify the Division that they wish to cease
				coverage under a general LAS permit.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.22 - NPDES General Permit for Construction Activity Fees

Current through
				Rules and Regulations filed through June 27, 2024
(1)
Exclusions.
Those land
				disturbing activities not subject to regulation under the State General Permit
				are exempt from the fees required by this section.
(2)
NPDES General Permit for
				Construction Activity Fees.
The requirements of this subsection are
				applicable to primary permittees that own or operate a site at which land
				disturbing activities occur in the State of Georgia.
(a) For the purpose of determining the
				disturbed acreage to which the fees of this subsection apply, the primary
				permittee shall use the erosion, sedimentation and pollution control plan
				created in compliance with the State General Permit showing the activities to
				be undertaken by any person at the site. This acreage shall be measured by
				methods that provide an appropriate measurement of the land area to the closest
				tenth (1/10th) of an acre of land disturbing activity proposed.
(b) Any Primary Permittee who has submitted a
				Notice of Intent to disturb land under a State General Permit, or who submits a
				Notice of Intent to disturb land under a State General Permit, shall submit a
				fee on the schedules described below which will cover the fee requirements for
				all stages or phases of development or land disturbing activity described in
				the Notice of Intent.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.23 - Land Disposal of Septage

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of Rule
				  391-3-6-.23 is to establish
				  procedures:
(a) For the regulation and
				permitting of any land disposal site that receives septic tank waste (septage)
				that is applied via subsurface injection or incorporation into the
				soil;
(b) To be followed by persons
				submitting to the Division engineering reports, plans and specifications, and
				related materials for the construction of any system for the storage and/or
				pretreatment of septage; and
(c) To
				provide for public participation during the permitting process for any land
				disposal site that receives septic tank waste (septage).
This Rule includes general requirements, pollutant limits,
				  pathogen and vector attraction reduction requirements, pretreatment standards,
				  management practices, monitoring, record keeping, reporting, and permitting
				  requirements.
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 391-3-6 - WATER QUALITY CONTROL › Rule 391-3-6-.26 - Notice and Public Participation

Current through Rules and Regulations filed
				through June 27, 2024
(1) Tentative Determination and Draft
				Permits:
(a) When the Division is satisfied
				that a permit application is complete, a tentative determination will be made
				to issue or deny the permit. If the tentative determination is to issue the
				permit, a draft permit will be prepared in accordance with applicable Federal
				regulations and State laws prior to the issuance of a public notice. If the
				tentative determination is to deny the permit, the Division will public notice
				the denial in accordance with applicable Federal regulations and State
				laws.
(b) If the Division makes a
				tentative determination to issue a general permit, a draft permit and fact
				sheet will be prepared in accordance with applicable Federal regulations and
				State laws prior to issuance of a public notice.
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 391-3-7 - EROSION AND SEDIMENTATION CONTROL › Rule 391-3-7-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  12-2-24,
				  12-7-5.
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 391-3-7 - EROSION AND SEDIMENTATION CONTROL › Rule 391-3-7-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  12-2-24,
				  12-7-5.
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 391-3-7 - EROSION AND SEDIMENTATION CONTROL › Rule 391-3-7-.04 - Georgia Department of Transportation Minimum Requirements and Buffer Variance Criteria

Current through Rules and Regulations filed
				through June 27, 2024
(1) For road construction or maintenance
				projects disturbing one or more contiguous acres of land, the Georgia
				Department of Transportation must abide by and follow the minimum requirements
				set forth within O.C.G.A. §
									12-7-6(a) and (b)
				and all requirements and procedures described in Sections
				391-3-7-.05 and
				391-3-7-.11.
(2) In addition to the criteria for buffer
				variances described in Rule
				391-3-7-.05(2) and
				Rule 391-3-7-.11(2),
				variance applications will be reviewed by the Director for road construction
				and maintenance projects undertaken by the Georgia Department of Transportation
				only where the Georgia Department of Transportation provides reasonable
				evidence that impacts to the buffer have been avoided or minimized to the
				fullest extent practicable, the projects include required mitigation in
				accordance with the current EPD "Stream Buffer Variance Mitigation Guidance"
				document, and in the following cases:
(a) The
				proposed land disturbing activity within the buffer is part of a project that
				will require a permit issued by the United States Army Corps of Engineers under
				Section 404 of the federal Water Pollution Control Act of 1972, as amended, or
				Section 10 of the Rivers and Harbors Act of 1899, contingent upon approval by
				the Corps of Engineers of that permit; provided, however, that adequate erosion
				control measures are incorporated into the project plans and specifications and
				such measures are fully implemented; or
(b) The proposed land disturbing activity
				within the buffer is part of a project that is not eligible for a permit issued
				by the United States Army Corps of Engineers under Section 404 of the federal
				Water Pollution Control Act of 1972, as amended, and involves the piping,
				filling, or rerouting of waters that are not jurisdictional waters of the
				United States regardless as to whether or not such waters have been classified
				as primary or secondary trout waters.