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 391-3-7 - EROSION AND SEDIMENTATION CONTROL › Rule 391-3-7-.05 - Buffer Variance Procedures and Criteria

Current through
				Rules and Regulations filed through June 27, 2024
(1) Buffers on state waters are valuable in
				protecting and conserving land and water resources; therefore, buffers should
				be protected. The buffer variance process will apply to all projects legally
				eligible for variances and to all state waters having vegetation wrested from
				the channel by normal stream flow, provided that adequate erosion control
				measures are incorporated in the project plans and specifications and are
				implemented. Rule
				391-3-7-.05 does not apply to
				coastal marshlands. The following activities do not require application to or
				approval from the Division:
(a) stream
				crossings for water lines or stream crossing for sewer lines that occur at an
				angle, as measured from the point of crossing, within 25 degrees of
				perpendicular to the stream and cause a width of disturbance of not more than
				50 feet within the buffer; or
(b)
				where drainage structures must be constructed within the twenty-five (25) foot
				buffer area of any state water not classified as a trout stream; or
(c) where roadway drainage structures must be
				constructed within the twenty-five (25) foot buffer area of any state waters or
				the fifty (50) foot buffer of any trout stream; or
(d) construction of bulkheads or sea walls on
				Lake Oconee and Lake Sinclair where required to prevent erosion at the
				shoreline; or
(e) construction of
				public water system reservoirs.
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-.06 - Turbidity Limits for Stormwater Runoff Discharges

Current
				through Rules and Regulations filed through June 27, 2024
Turbidity of stormwater runoff discharges shall be controlled
				  to the extent that the limits established in O.C.G.A.
				  12-7-6 shall not be
				  exceeded.
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-.07 - Inspection and Compliance

Current through Rules and Regulations
				filed through June 27, 2024
(1) The Division may periodically inspect the
				site of any land disturbing activity for which a permit has been issued to
				determine if such activity is being conducted in accordance with the permit and
				to evaluate the effectiveness of the erosion and sediment control measures
				employed.
(2) The Division shall
				have the authority to conduct such investigations as it may reasonable deem
				necessary to carry out its duties as prescribed by O.C.G.A.
				12-7-1
et seq.
,
				and these rules and regulations and for this purpose to enter at reasonable
				times upon any property, public or private, for the purpose of investigating
				and inspecting the sites of land disturbing activities. The Division shall make
				its best efforts to contact a local issuing authority prior to any site
				inspection of a project within that local issuing authority's jurisdiction,
				provided however, that the Division shall, if contact was not prior made,
				contact the local issuing authority not more than five (5) business days after
				the site visit.
(3) No person shall
				refuse entry or access to any authorized representative of the Division who
				requests entry for purposed of inspection and who presents appropriate
				credentials, nor shall any person obstruct, hamper or interfere with any such
				representative while in the process of carrying out assigned official
				duties.
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-.08 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
(1) The
				administration and enforcement of these rules and regulations shall be in
				accordance with the Erosion and Sedimentation act of 1975, O.C.G.A.
				12-7-1
et seq.
;
				the Executive Reorganization Act of 1972, O.C.G.A.
				12-2-1
et seq.
,
				and the Georgia Administrative Procedure Act, O.C.G.A.
				50-13-1
et seq.
,
				all as amended, but also includes the authority to require corrective action
				and/or remediation of conditions creating adverse water quality impacts, or
				otherwise in violation of these rules, regulations and authorizing
				statutes.
(2) When the Division
				seeks to enforce the requirements of these rules or the requirements of
				O.C.G.A. 12-7-1 et. seq., as amended, in a
				jurisdiction covered by a certified local issuing authority, the Division
				should coordinate enforcement with the local issuing authority. However,
				coordination with a local issuing authority is not a prerequisite for
				enforcement by the Division.
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-.09 - Local Issuing Authorities

Current through Rules and
				Regulations filed through June 27, 2024
(1) Criteria for Certification of
				Municipalities or Counties as Local Issuing Authorities.
(A) Municipality or county has adopted an
				ordinance which demonstrates compliance with the provisions in Title 12,
				Chapter 7 of the Official Code of Georgia and related regulation.
(B) Municipality or county has inspection
				personnel, who are or will be qualified personnel (within 6 months of date of
				hire) in erosion and sediment control.
(C) Required Documentation. A municipality or
				county shall provide all of the following documentation to the Division:
1. A letter from the municipality or county
				requesting certification as a Local Issuing Authority.
2. A listing of the number of inspectors
				employed by the municipality or county that will be responsible for land
				disturbance activity inspections and documentation of the training for each
				inspector.
3. Documentation of the
				geographic size of the jurisdiction.
4. Documentation of the estimated workload
				and inspection frequency schedule for the inspectors.
5. A copy of the ordinance which demonstrates
				compliance with the provisions in Title 12, Chapter 7 of the Official Code of
				Georgia.
(D) The Division
				shall provide written notification to the municipality or county of the
				Director's decision no later than 60 days after receipt of request for
				certification. In the case of a denial of local issuing authority
				certification, the Division shall explain the deficiencies causing the denial.
				The denial of certification by the Division shall not preclude a municipality
				or county from making any subsequent application for certification.
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-.10 - Site Visit Required

Current through Rules and Regulations filed
				through June 27, 2024
(1) All applications shall contain a
				certification stating that the plan preparer or his or her designee has visited
				the site prior to creation of the plan.
(2) Plans submitted shall contain the
				following certification:
"I certify under penalty of law that this Plan was prepared
				  after a site visit to the locations described herein by myself or my authorized
				  agent, under my direct supervision."
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.01 - Purpose

Current through Rules and Regulations filed through June 27,
				2024
The purpose of these Rules is to implement the
				  responsibilities assigned to the Environmental Protection Division by the
				  Georgia Safe Dams Act of 1978, (hereinafter the "Act") O.C.G.A. §§
									12-5-370
et seq
.
				  These Rules are promulgated to provide for the inventory, classification,
				  inspection and permitting of certain dams in order to protect the health,
				  safety and welfare of all the citizens of the State by reducing the risk of
				  failure of such dams to prevent death or injuries to persons.
O.C.G.A. §§
										12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.02 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
For the purpose of these rules and regulations, the
				  term:
(a) "abutment" means the
				bordering area of the dam site which functions as a support for the ends of the
				dam structure.
(b) "Act" means the
				"Georgia Safe Dams Act of 1978" as amended (O.C.G.A.
				12-5-370 through
				12-5-385).
(c) "appurtenant works" means such structures
				as spillways, either in the dam or separate therefrom; the reservoir and its
				rims; low level outlet works; access bridges; and water conduits such as
				tunnels, pipelines or penstock, either through the dam or its
				abutments.
(d) "Category I" means
				the classification where improper operation or dam failure would result in
				probable loss of human life. Situations constituting "probable loss of life"
				are those situations involving frequently occupied structures or facilities,
				including, but not limited to, residences, commercial and manufacturing
				facilities, schools and churches.
(e) "Category II" means the classification
				where improper operation or dam failure would not be expected to result in
				probable loss of human life.
(f)
				"conduit" means any closed waterway such as a cast-in-place cut-and-cover
				culvert, a precast or prefabricated pipe imbedded in the dam or foundation or a
				tunnel bored through the abutment used for the purpose of regulating or
				releasing water impounded by a dam.
(g) "construct" or "construction" means the
				building, removal or modification of any artificial barrier, together with
				appurtenant works for the impoundment or diversion of water or liquid
				substances and shall include any activity which, other than routinely as part
				of an approved maintenance program, repairs, removes, or restores such
				artificial barrier, or alters its design, shape or structural characteristics,
				and shall also include any enlargement of such artificial barrier.
(h) "dam" means with the exception of the
				exemptions outlined in Rule
				391-3-8-.04 herein, the following:
1. Any artificial barrier, including
				appurtenant works, which impounds or diverts water and which the improper
				operation or failure of such would result in probable loss of human life as
				determined pursuant to the Act, and which
(i)
				is twenty-five (25) feet or more in height from the natural bed of the stream
				or water course measured at the downstream toe or the lowest elevation of the
				outside limit of the barrier (whichever is lower) to the maximum water storage
				elevation; or
(ii) has an
				impounding capacity at maximum water storage elevation of one hundred (100)
				acre-feet or more.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.03 - Inventory and Classification

Current through Rules and
				Regulations filed through June 27, 2024
(1) It shall be the duty of the Director to
				inventory the dams in this state and to classify each dam into one of the
				following categories:
(a) Category I Dam;
				or
(b) Category II Dam.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.04 - Scope and Exclusions

Current through Rules and Regulations filed
				through June 27, 2024
(1) These rules and regulations shall apply
				to any dams or artificial barriers existing or constructed in Georgia except
				for the following:
(a) Any dam owned and
				operated by any department or agency of the United States government;
(b) Any dam constructed or financially
				assisted by the United States Natural Resources Conservation Service or any
				other department or agency of the United States government. This exemption only
				applies when such department or agency designed or approved plans and
				supervised construction, and maintains a regular program of inspection of the
				dam. This exemption shall cease on November 1, 1995, for all such dams for
				which the supervising federal agency has relinquished authority for operation
				and maintenance to a person, unless the supervising federal agency certifies by
				the said date and at least biannually thereafter to the Director that such dams
				are in compliance with requirements of this part, including minimum spillway
				design, and with the maintenance standards of the supervising federal
				agency;
(c) Any dam licensed by the
				Federal Energy Regulatory Commission, or for which a licensed application is
				pending with the Federal Energy Regulatory Commission;
(d) Any dam classified as a Category II
				Dam;
(e) Any artificial barrier,
				except as provided in Rule
				391-3-8-.02(h),
				constructed in connection with and incidental to surface mining, provided that
				upon completion of mining the impoundment created by the barrier is drained and
				reclaimed or stabilized as a lake pursuant to a mined land use plan approved by
				the Director pursuant to the Georgia Surface Mining Act;
(f) Any artificial barrier which is not in
				excess of 6 feet in height, regardless of storage capacity, or which has a
				storage capacity at maximum water storage elevation not in excess of 15
				acre-feet, regardless of height.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.05 - Application for a Permit

Current through Rules and Regulations
				filed through June 27, 2024
(1) No Person shall operate or construct a
				dam as defined by the Act and these Rules without first having obtained a
				permit from the Division; provided, however, any persons who is operating a dam
				may continue such operation pending final action by the Director on the permit
				application, and provided such application has been filed with the Director
				within 180 days after that permit is required by the Director.
(2) Permit applications shall be on forms as
				may be prescribed and furnished by the Division.
(3) The Director may require the submission
				of plans, specifications, and other information as he deems relevant to the
				application.
(4) If a permit
				application for the construction of a dam is not approved by the Director, the
				application shall be returned to the applicant along with the reasons for its
				disapproval.
Such applicants may reapply for said permit by correcting
				  deficiencies in the application and resubmitting the application to the
				  Director.
(5) Permits shall
				not be transferred from one person to another without the approval of the
				Director. If the ownership changes from one person to another, the new owner
				shall immediately notify the Director in writing of such transactions. The
				Director shall also be notified of any proposed change in the operation of the
				dam.
(6) Permits shall not be
				transferred from one dam to another dam.
O.C.G.A. §§
										12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.06 - Revocation, Suspension or Modification of Permits

Current through
				Rules and Regulations filed through June 27, 2024
Permits may be revoked, suspended, or modified, or denied by
				  the Director for cause, including but not limited to the following:
(a) violation of any permit
				condition;
(b) failure to fully
				disclose all relevant facts or obtaining a permit through
				misrepresentation;
(c) violations
				of the Act or these Rules;
(d)
				changes in conditions that require such action on a permit in order to insure
				compliance with the Act or these Rules.
O.C.G.A. §§
										12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.07 - Dam Removal

Current through Rules and Regulations filed
				through June 27, 2024
No person may remove a dam without the approval of the
				  Director in accordance with the procedures required by the
				  Act.
O.C.G.A. §§
										12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.08 - Permits for the Construction and/or Operation of New and Existing Dams

Current through Rules and Regulations filed through June 27,
				2024
(1) New Dams
(a) Applications for a permit to construct
				and operate a Category I dam shall be accompanied by a statement from an
				engineer who provides engineering design services for the dam, certifying that
				he/she has the necessary training and experience to design such dam, and that
				to the best of his/her knowledge, understanding and belief such design meets
				the standards of the Act and these Rules. If the design engineer determines
				that a geological investigation of the dam is advisable, such investigation
				shall be conducted by a professional geologist registered to practice in the
				State of Georgia.
(b) As an
				alternative to a certificate from an engineer, the Director may accept a permit
				application accompanied by a certificate from the State Conservation Engineer
				of the Natural Resources Conservation Service stating that the design of the
				dam meets the standards of this Act and the rules and regulations promulgated
				hereunder.
(c) Construction of such
				dams shall be completed in the time frame stated in the special conditions of
				the Construction and Operation Permit.
(d) Notice by registered mail shall be given
				to the Director at least 10 days prior to the commencement of construction for
				permitted dam construction 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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.09 - Standards for the Design and Evaluation of Dams

Current through
				Rules and Regulations filed through June 27, 2024
(1) The design and/or evaluation of new and
				existing dams shall conform to accepted practices of the engineering profession
				and dam safety industry. Design manuals, evaluation guidelines, and procedures
				used by the following agencies can be considered as acceptable design or
				evaluation references, except as those references differ from Georgia Law and
				these regulations:
(a) U.S. Army Corps of
				Engineers;
(b) Natural Resources
				Conservation Service;
(c) U.S.
				Department of Interior, Bureau of Reclamation;
(d) Federal Energy Regulatory
				Commission.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.10 - Inspection and Maintenance Plan Requirements

Current through
				Rules and Regulations filed through June 27, 2024
(1) Dam Owners and operators of dams shall be
				responsible for conducting routine inspection and maintenance of dams necessary
				to:
(a) Prevent the growth of trees or brush
				on the embankment of the dam and on the spillway system;
(b) Prevent the accumulation of debris,
				obstructions, or other deleterious materials from the spillway
				system;
(c) Insure that all gates,
				orifices, dissipators, trash racks, and other appurtenances that affect the
				proper operation of the dam and reservoir are kept in good repair and working
				order, and that spillway and outlet gates necessary to pass flood flows shall
				be test operated at least once each year. The dam owner shall file an affidavit
				with the Director certifying that such gates and other appurtenances are in
				good repair and working order;
(d)
				Maintain adequate and suitable vegetation to prevent erosion of the embankment
				and earthen spillway for the dam;
(e) Determine that any seepage on the
				downstream slopes of the dam does not exceed normal amounts and does not
				present a situation indicative of potential dam failure. At any time where
				there is a question regarding seepage and potential dam failure, the Director
				shall be notified in writing and provided a description of the situation;
				and
(f) Dam owners shall
				immediately notify the Division when symptoms of failure, including but not
				limited to, erosion, surface cracks, seepage, settlement, or movement
				occur.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.11 - Emergency Action Plans

Current through Rules and Regulations
				filed through June 27, 2024
Dam owners of Category I dams shall develop, and submit to
				  the Division for approval, Emergency Action Plans (EAP) using the Division
				  approved format.
(a) Owners of dams
				that are classified as a Category I dam on, or after, October 1, 2016 shall
				submit the Emergency Action Plan as part of their application submitted in
				accordance with Rule
				391-3-8-.05.
(b) Owners of dams that were classified as a
				Category I dam before October 1, 2016 shall submit the Emergency Action Plan by
				July 1, 2017.
O.C.G.A. §§
										12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  12-5-370 through
				  12-5-385.
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 391-3-8 - RULES FOR DAM SAFETY › Rule 391-3-8-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  12-5-370 through
				  12-5-385.
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 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.01 - Authority

Current through Rules and Regulations filed through June 27,
				2024
These Rules and Regulations governing the disposal,
				  concentration and storage of radioactive waste material are adopted pursuant to
				  the Georgia Radioactive Control Act, as amended, i.e., Ga. Laws 1964, p. 566,
				  as amended, particularly as amended by Ga. Laws 1976, p. 1567
et
				  seq.
, at p. 1570 all as amended (hereafter the
				  "Act").
Ga. L. 1964. p. 566 as
				  amended particularly as amended by Ga. L. 1976, p. 1567
et
				  seq.
, at p. 1570, 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 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.02 - Declaration of Policy

Current through Rules and Regulations filed
				through June 27, 2024
The Georgia Radiation Control Act, declares the policy of the
				  Act to be, in part, to prevent any associated harmful effects of radiation upon
				  the environment or the health and safety of the public through the institution
				  and maintenance of a regulatory program for radioactive material waste sources.
				  The policy is further declared to be, in part, to institute and maintain a
				  program to allow development and utilization of sources of radiation for
				  purposes that are consistent with the protection of the environment and health
				  and safety of the public. These rules and regulations are in furtherance of the
				  policy of the Act.
Ga. L. 1964, p. 556,
				  as amended, particularly as amended by Ga. L. 1976, p. 1567, et. seq., at p.
				  1570 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 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.04 - Findings of the Director

Current through Rules and Regulations
				filed through June 27, 2024
The Act provides that all facilities or sites for the
				  concentration, storage or burial of radioactive waste must be constructed and
				  operate pursuant to a permit issued by the Director of the Environmental
				  Protection Division. It further provides that the Director may specify in the
				  permit the conditions under which site or facility shall be operated. The
				  Director, upon full consideration of the facts, including but not limited to
				  storage, burial or concentration technology, geologic, hydrologic,
				  environmental, ecological, meteorological factors, and the known impact of
				  ionizing radiation from radioactive sources upon man and other fauna and flora,
				  finds that:
(a) No demonstrated
				technology exists relevant to long term (100 years) or terminal disposal of
				high-level wastes involving actual emplacement in either deep geologic
				repositories or surface facilities.
(b) As of the effective date of these
				regulations there exists no tired or proven regulatory programs, which includes
				licensing, standards development, and inspection and enforcement, that is
				applicable to terminal disposal of high-level waste in geologic
				repositories.
(c) The adequacy of
				current interim (100 years) high-level storage systems to protect the health
				and safety of the public and the environment is questionable.
(d) Questions remain unanswered regarding the
				final chemical and physical form for high-level wastes emplaced in geologic
				repositories.
(e) Currently, no
				approved transport cask exists for shipment of high-level wastes.
(f) Several commercial radioactive waste
				disposal operations have ceased operations due in part to either moritoria or
				legal action regarding potential safety and environmental problems.
Ga. L. 1964, p. 566,
				  as amended, particularly as amended by Ga. L. 1976, p. 1567,
et
				  seq.
, at p. 1570, 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 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.06 - Radioactive Waste, Permit Requirements

Current through Rules and
				Regulations filed through June 27, 2024
(1) General.
(a) Activities Requiring Permit. No person
				shall construct or operate a facility for the concentration, storage or burial
				of radioactive waste materials without first obtaining a permit for such
				construction or operation from the Director authorizing such
				activity.
(b) Restriction and
				Conditions. Any permit issued shall specify the conditions under which the
				facility shall be constructed or operated. The Director may limit or restrict
				the type and quantity of radioactive waste material to be received or possessed
				by a concentration, storage, or burial facility if the Director determines that
				permitting receipt, possession or other activities involving such type and/or
				quantity of radioactive waste material would be inconsistent with the purposes
				and stated policy of the Act. The Director may also limit or restrict the
				receipt and/or possession of various types of radioactive waste materials at a
				concentration, storage, or burial facility, if such material exhibits
				additional hazard potential such as, but not limited to, explosive properties,
				pyrophoricity, or chemical toxicity.
(c) Applicable Non-Radiological Rules and
				Regulations. If other rules, regulations, or requirements enforced by the
				Division pertaining to Solid Waste Management under Ga. Code Chapter 43-16, as
				amended, Air Quality Control under "The Georgia Air Quality Act of 1978," Ga.
				Code Chapter 43-27, as amended; and Water Quality Control under Ga. Code
				Chapter 17-5, as amended, apply, such requirements may be incorporated as
				conditions in the permit required by this Rule (.06) in lieu of issuing
				separated permits under those authorities. If such requirements are
				incorporated in a permit under this rule then such permit shall also be
				considered as a permit issued under those authorities with respect to
				requirements so incorporated.
(d)
				Public Hearing. The Director shall issue a notice of public hearing and shall
				conduct a public hearing on any application for a permit pursuant to these
				rules and regulations.
(e)
				Prohibitions. Activities unrelated to the operation or construction of a
				facility shall not be allowed within the site boundary of said
				facility.
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 391-3-9 - RADIOACTIVE WASTE MATERIAL DISPOSAL › Rule 391-3-9-.07 - Effective Date

Current through Rules and Regulations filed
				through June 27, 2024
These Rules shall become effective on July 4,
				  1979.
Ga. L. 1964, p. 499,
				  p.566, as amended, particularly as amended by Ga. L. 1976, p. 1567, et. seq.,
				  at p. 1570, as amended, and Ga. L. 1972, p. 1015,
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 391-3-10 - REPEALED › Rule 391-3-10-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
The Georgia Motor
				  Vehicle Emission Inspection and Maintenance Act, O.C.G.A. Secs.
				  12-9-40,
et seq.
,
				  as amended; 40-8-157.
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 391-3-10 - REPEALED › Rule 391-3-10-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40
				  .
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 391-3-10 - REPEALED › Rule 391-3-10-.14 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.15 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-19-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.16 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.17 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.18 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.19 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.20 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.21 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.22 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.23 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.24 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.25 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.26 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.27 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.28 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.29 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.30 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.31 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.32 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.33 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.34 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.35 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-10 - REPEALED › Rule 391-3-10-.36 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  12-9-40,
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 391-3-11 - HAZARDOUS WASTE MANAGEMENT › Rule 391-3-11-.02 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
(1)
									40 C.F.R.
				260.10-
				260.11 are hereby incorporated by
				reference.
(2) Differences between
				State and Federal Definitions: When the same word is defined both in the
				Georgia Hazardous Waste Management Act and in
				40 C.F.R.
				260.10,
				268.2, and
				270.2, and Parts 273 and 279 as
				adopted by reference above, and the definitions are not identical, the
				definitions as given in the Georgia Hazardous Waste Management Act shall be
				applied unless such application would render these rules inconsistent with
				Federal Hazardous Waste rules and regulations.
O.C.G.A. §
											12-8-60, 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 391-3-11 - HAZARDOUS WASTE MANAGEMENT › Rule 391-3-11-.03 - Confidentiality of Information

Current through Rules and Regulations filed
				through June 27, 2024
(1) Any records, reports, or information
				obtained from any person by the Director under these rules shall be available
				to the public for inspection and copying at the expense of the person
				requesting copies, except that upon a showing satisfactory to the Director by
				any person that any records, reports, or information or any particular part
				thereof, to which the Director has access under these rules would, if made
				public, divulge information entitled to protection or confidentiality under
				law, the Director shall consider such information or any particular portion
				thereof confidential in accordance with the purposes of the law under which
				confidentiality or protection is claimed, except that such records, reports,
				documents, or information may be disclosed to officers, employees or authorized
				representatives of the United States government concerned with carrying out the
				terms of the Federal Act, or when required by any court in any proceedings
				under the Federal Act or under the Georgia Hazardous Waste Management
				Act.
(2) Any claim of
				confidentiality filed pursuant to this section must be asserted at the time of
				initial submission of the record, report, or information in question, or it
				shall be deemed waived.
(3) Any
				claim of confidentiality filed pursuant to this section must be accompanied by
				a statement of the legal basis supporting the claim of
				confidentiality.
(4)
									40 C.F.R.
				260.2(d) is hereby
				incorporated by reference.
O.C.G.A. §
											12-8-60, et
				  seq.