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 391-3-1 - AIR QUALITY CONTROL › Rule 391-3-1-.12 - Duties of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program

Current through Rules and
				Regulations filed through June 27, 2024
The small business stationary source technical and
				  environmental compliance assistance program, in order to effectively assist
				  small businesses with stationary sources, shall carry out the following duties
				  or responsibilities:
(a) Participate
				in and/or sponsor meetings and conferences with small business representatives,
				State regulatory officials, and/or industry groups to promote cooperation and
				further compliance by small business stationary sources with the Act and
				Rules;
(b) Develop, collect,
				coordinate, and/or disseminate information to small businesses concerning
				compliance methods and technologies for small business stationary
				sources;
(c) Assist small business
				stationary sources in understanding compliance requirements, pollution
				prevention and accidental release detection and prevention, including providing
				information concerning alternative technologies, process changes, products
				and/or methods of operation that help reduce air pollution, and other areas
				concerning technical and environmental compliance;
(d) Assist small business stationary sources
				in determining applicable requirements and obtaining permits under the Act and
				Rules;
(e) Facilitate the
				participation of small businesses in the development of new regulations that
				impact small business stationary sources;
(f) Assure that the language in public
				information documents regarding proposed and final Rules applicable to small
				business stationary sources is readily understandable by the lay
				person;
(g) Assist small business
				stationary sources in assuring receipt of notices of their rights under the Act
				to assure reasonably adequate time for evaluation of compliance methods and
				applicable proposed and/or final regulations;
(h) Provide information to small business
				stationary sources regarding their obligations under the Act and Rules,
				including the referral of such sources to qualified auditors for providing
				audits of the operations of such sources to determine compliance with the Act
				and Rules;
(i) Serve as the
				Secretariat for the development and dissemination of small business compliance
				advisory panel reports and advisory opinions, and provide administrative and
				logistical support to the small business compliance advisory panel;
				and
(j) Carry out any and all
				duties and responsibilities which may be delegated to the small business
				stationary source technical and environmental compliance assistance program
				pursuant to O.C.G.A. Section
				12-9-25.
O.C.G.A.
				  &12-9-1, 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 391-3-1 - AIR QUALITY CONTROL › Rule 391-3-1-.13 - Acid Rain

Current through Rules and Regulations filed
				through June 27, 2024
40 CFR part 72 and 40 CFR part 76, as amended, are hereby
				  adopted and incorporated by reference for purposes of implementing an acid rain
				  program that meets the requirements of Title IV of the Clean Air Act. The term
				  "permitting authority" shall mean the Director of the Environmental Protection
				  Division, Department of Natural Resources, State of Georgia and the term
				  "Administrator" shall mean the Administrator of the United States Environmental
				  Protection Agency. If the provisions or requirements of 40 CFR part 72 conflict
				  with or are not included in Section
				  391-3-1-.03(10) of
				  these Rules, the part 72 provisions and requirements shall apply and take
				  precedence.
O.C.G.A. Sec.
				  12-9,
				  12-9-1
et seq.
The Georgia Air Quality Act.
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 391-3-1 - AIR QUALITY CONTROL › Rule 391-3-1-.14 - General Conformity

Current through Rules and Regulations
				filed through June 27, 2024
40 CFR Part 51, Subpart W, as amended April 5, 2010, is
				  hereby incorporated and adopted by reference for the purpose of implementing
				  Section 176 (c) of the Clean Air Act, with respect to the conformity of general
				  federal actions to the applicable implementation plan.
The Georgia Air
				  Quality Act, O.C.G.A. Section
				  12-9,
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 391-3-1 - AIR QUALITY CONTROL › Rule 391-3-1-.15 - Transportation Conformity

Current through Rules and Regulations
				filed through June 27, 2024
The criteria and procedures specified in the "Transportation
				  Conformity Manual" dated April 15, 2010, implement the requirements of Section
				  176(c)(4)(E) of the Clean Air Act for state implementation plans to include
				  criteria and procedures for consultation, enforcement, and enforceability with
				  respect to the conformity of transportation plans, programs, and projects
				  developed, funded or approved under Title 23 United States Code (23 U.S.C.) or
				  the Federal Transit Laws to the applicable implementation
				  plan.
O.C.G.A. Sec.
				  12-9-1
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.01 - Purpose

Current through Rules and Regulations filed through June 27,
				2024
The purpose of this Chapter is to establish procedures to be
				  followed to obtain a permit to withdraw, obtain or utilize ground water and for
				  the submission of information concerning the amount of ground water withdrawal,
				  its intended use, and the proposed aquifer or aquifers of withdrawal to the
				  Environmental Protection Division of the Department of Natural Resources
				  (hereinafter the Division). It is also intended to outline the procedures of
				  the Division in the granting, denial, revocation, modification and granting
				  with conditions of permits to withdrawal ground water. These regulations also
				  provide for the gathering of information on the geologic and hydrologic
				  character of the rock at and below the surface of the earth, well data, ground
				  water levels and related material. The Regulations include implementation of
				  water conservation in conjunction with the withdrawal of ground
				  water.
O.C.G.A. Sec.
				  12-5-91
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.03 - Permit Required

Current through Rules and Regulations filed
				through June 27, 2024
(1) No person shall after December 1, 1974,
				withdraw, obtain or utilize ground water in excess of one hundred thousand
				(100,000) gallons per day for any purpose unless such person has first obtained
				a permit therefor from the Division, unless exempted by law or these
				Regulations. For farm use, no person shall after July 1, 1991 withdraw, obtain,
				or utilize ground water in excess of 100,000 gallons per day on a monthly
				average unless such person has obtained a permit from the Division. (Authority
				O.C.G.A. Section
				12-5-105)
(2) Pending the issuance or denial of a
				permit, any person who has applied for a ground water use permit and who was
				withdrawing or using ground water prior to April 18, 1973 (or July 1, 1988 in
				the case of farm use), may continue the same use which existed prior to that
				date.
(3) Any combination of farm
				and non-farm use, or nonconsumptive ground water use, shall be considered a
				non-farm ground water use, unless the Director determines that the predominant
				use to which the water is put is farm use.
Ga. Laws 1972, pp.
				  976, 982, 986, as amended by Ga. Laws 1973, p. 1273, 1277, 1281. Effective June
				  3, 1974; O.C.G.A. Sec.
				  12-5-95.
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.05 - Division Consideration of Permit Applications, Modifications, Revocations and Denials

Current through Rules and Regulations filed
				through June 27, 2024
(1) In considering permit applications,
				revocations, and modifications, the Division shall consider.
(a) the number of persons using an aquifer
				and the object, extent, and necessity of their respective withdrawals or
				uses;
(b) the nature and size of
				aquifer;
(c) the physical and
				chemical nature of any impairment of the aquifer, adversely affecting its
				availability or fitness for other water uses (including public and farm
				use);
(d) the probable severity and
				duration of such impairment under foreseeable conditions;
(e) the injury to public health, safety or
				welfare which results if such impairment were not prevented or
				abated;
(f) the kinds of businesses
				or activities to which the various uses are related;
(g) the importance and necessity of the uses
				claimed by the permit applicants, or of the water uses of the area and the
				extent of any injury or detriment caused or expected to be caused to other
				water uses (including public and farm use);
(h) diversion from or reduction of flows in
				other water courses or aquifers;
(i) any other relevant factors, such as, but
				not limited to, the best geologic and hydrologic information available on the
				aquifer or ground water system of the area;
(j) documentation of effective water
				conservation. (Authority O.C.G.A. Section
				12-5-91)
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.06 - Granting of a Permit to Use Ground Water

Current through Rules and
				Regulations filed through June 27, 2024
(1) When sufficient evidence in provided by
				the applicant that the water withdrawn or used, or intended to be withdrawn or
				used, is a nonconsumptive use, as defined in Paragraph (c) of Rule
				391-3-2-.02 of this Chapter, a
				permit therefore shall be issued by the Division without the conditions set
				forth in Paragraph (4) of this Rule; provided, however, that in determining
				whether a use of ground water is nonconsumptive, the Division may take into
				consideration, based on the best geologic and hydrologic information available,
				whether any material injury or detriment to other water users of the area by
				reason of the reduction of water pressure in the aquifer or system has not been
				adequately compensated by the permit applicant who caused or substantially
				contributed to such injury or detriment. Any permit issued for a nonconsumptive
				use does not imply consent to inject any waste or pollutant material into the
				ground water system.
(2) When the
				water withdrawn or used, or proposed to be withdrawn or used, by the permit
				applicant, is a consumptive use, and when there are not unreasonable adverse
				effects on other water uses, including public and farm use, and including
				potential as well as present use, based upon the consideration set forth in
				Rule 391-3-2-.05 of
				this Chapter, a permit to use ground water shall be issued by the Division
				containing such conditions as set forth in Paragraph (5) of this Rule as the
				Division deems necessary to the development and use of the water resources. The
				permit will become final unless a request for hearing is made within thirty
				(30) days from the date of service of such permit.
(3) The Division may grant any temporary
				permit for such period of time as the Division shall specify where conditions
				make such temporary permit essential, even though the action allowed by such
				permit may not be consistent with this Chapter. A temporary permit may be
				issued whenever the Division has insufficient information to evaluate the
				effects of a permit application as set forth in Paragraph (1) of Rule
				391-3-2-.05 of this
				Chapter.
(4) A permit for a
				consumptive use may contain, but not be limited to, one or more of the
				following conditions:
(a) total permitted
				well depth in feet;
(b) the
				aquifer(s) or ground water system to be utilized;
(c) maximum pumping rate;
(d) pumping level (elevations below which
				water may not be pumped);
(e)
				amount of ground water to be withdrawn or used;
(f) well spacing to minimize well
				interference;
(g) time of
				withdrawal;
(h) require observation
				or monitoring well(s) to be installed for monitoring ground water levels and
				water quality.
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.07 - Duration of Permit and Renewal

Current through Rules and
				Regulations filed through June 27, 2024
(1) Except for farm use, no permit granted
				under Rule
				391-3-2-.06 of this Chapter shall be
				issued for a longer period than the longest of the following:
(a) ten years; or
(b) the period found by the Division to be
				necessary for reasonable amortization of the applicant's withdrawal or
				water-using 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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.08 - Submission of Ground Water Use Report

Current through Rules and
				Regulations filed through June 27, 2024
(1) Every person who has obtained a permit to
				use ground water (except a permit for farm use) shall file with the Division a
				certified statement of the quantities of water used or withdrawn, sources of
				water, and the nature of the use thereof. The statement shall be on forms
				prepared and furnished by the Division and shall be submitted to the Division
				semiannually, starting sixty (60) days after the effective date of the permit
				and every six (6) months thereafter, unless otherwise designated by the
				Division, and shall be submitted not later than fifteen (15) days after the
				reporting date. The report shall include, but not be limited to, the following:
(a) name of permit holder and permit
				number;
(b) beneficial use of
				ground water used;
(c) source of
				ground water, identifying the aquifer or aquifers utilized and identify the
				well or wells using each aquifer;
(d) quantity of water used or withdrawn
				monthly from each aquifer (if a well penetrates more than one aquifer, it is to
				be noted);
(e) average hours pumped
				per day;
(f) the static and pumping
				levels of each aquifer utilized and the date the water levels were measured;
				the measurements are to be made during the last month of the reporting period;
				and
(g) for a nonconsumptive use,
				the amount of water returned to the aquifer or ground water system from which
				the water is withdrawn.
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.09 - Dewatering Wells

Current through Rules and Regulations filed
				through June 27, 2024
(1) Any person withdrawing ground water in
				excess of 100,000 gallons per day for dewatering the subsurface rock to a depth
				of not more than thirty (30) feet, or to a greater depth if approved by the
				Division, for the purpose of construction of trenches for sewer or water pipes,
				or excavation for foundations, or utility construction shall be excluded from
				obtaining a permit to withdraw ground water, provided such use is for a period
				of not more than sixty (60) days, unless an extension of time is approved by
				the Division for a justifiable reason.
(2) Any person withdrawing in excess of
				100,000 gallons per day for dewatering the subsurface rock for any purpose
				other than stated in Paragraph (1) of this Rule shall make application for a
				permit to withdraw, obtain or utilize ground water to the Division as required
				in Rule 391-3-2-.04 of
				this Chapter.
Ga. Laws 1972, pp.
				  976, 982, as amended by Ga. Laws 1973, pp. 1273, 1277. Effective June 3, 1974;
				  O.C.G.A. Sec.
				  12-5-96.
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.10 - Salt Water Encroachment or Deterioration of Water Quality

Current through Rules and Regulations filed through June 27,
				2024
To protect against or abate salt water encroachment or
				  deterioration of the water quality of the ground water, the Division shall take
				  into consideration the best information on the geologic and hydrologic
				  characteristics of the rocks and the ground water withdrawals of the area
				  involved and shall require the user to take such action as it deems necessary
				  for control of brackish or salt water intrusion into fresh water aquifers. The
				  control measures may include, but not be limited to, the following:
(a) pumping arrangements to reduce ground
				water withdrawal in areas of concentrated pumping;
(b) rearrangement of the location of wells to
				eliminate or reduce concentrated areas of ground water withdrawals;
(c) requirement of selective withdrawal from
				other available fresh water aquifers than presently used;
(d) curtailment of ground water withdrawal of
				proposed water users in the area;
(e) selective curtailment or reduction of
				ground water withdrawal where it is found to be in the public interest or
				general welfare to protect the water resources;
(f) conjunctive use of fresh water or
				brackish water or salt water aquifers, or waters of less desirable quality
				where water quality of a specific character is not essential;
(g) use of observation or monitoring wells,
				drilled into fresh water aquifers between areas of ground water withdrawal and
				the seacoast, to detect the inward movement of salt water or to detect the
				deterioration of water quality;
(h)
				use of interceptor wells, drilled into the area of encroachment, to the
				intercept the brackish or salt water moving toward the center of excessive
				ground water withdrawal;
(i) use of
				relief wells, drilled into the brackish or salt water aquifer, to relieve
				hydraulic pressure in the aquifer causing encroachment;
(j) plugging with cement of deep wells that
				have penetrated brackish or salt water zones or zones of undesirable quality
				water, where hydraulic pressure cause leakage and contaminate fresh water
				aquifers of lower pressures;
(k)
				abandonment of wells, which are then to be filled, plugged and sealed; and
(l) Such other control or
				abatement techniques as are technically feasible and proven to be successful in
				other areas and nationally.
Ga. Laws 1972, pp.
				  976, 980
et seq.
, as amended by Ga. Laws 1973, pp. 1273, 1275
et seq.
Effective June 3, 1974; O.C.G.A. Sec.
				  12-5-91
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.11 - Unreasonable Adverse Effects on Ground Water Withdrawal

Current
				through Rules and Regulations filed through June 27, 2024
In order to protect against or abate unreasonable adverse or
				  potential adverse effects on other water users within the area, including but
				  not limited to adverse effects on public and farm use, the Division shall take
				  into consideration the best information available on the geologic and
				  hydrologic characteristics of the rocks and ground water withdrawals of the
				  area and shall require the user to take such actions as it deems necessary. The
				  control measures which the Division may require the user to take may include,
				  but not be limited to, the following:
(a) selective withdrawal from other fresh
				water aquifers than presently utilized;
(b) pumping arrangements to reduce ground
				water withdrawal in areas concentrated pumping;
(c) selective curtailment or reduction of
				ground water withdrawal where it is found to be in the public interest to
				protect the water resources; and
(d) such other control techniques as are
				technically feasible and proven successful in other areas and
				nationally.
Ga. Laws 1972, pp.
				  976, 980
et seq.
, as amended by Ga. Laws 1973, pp. 1273, 1275
et seq.
Effective June 3, 1974; O.C.G.A. Sec.
				  12-5-91
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.12 - Geologic and Hydrologic Information

Current through Rules and
				Regulations filed through June 27, 2024
(1) The Division shall gather and obtain all
				necessary geologic and hydrologic information on the characteristics of the
				aquifer or ground water system of the State for the purpose of evaluation,
				control and management of the ground water resources.
(2) Any person who drills a well to obtain
				ground water and who is required under this Chapter to obtain a permit to use
				ground water shall furnish the Division at the time of application for a permit
				to use ground water such geologic and hydrologic information and well
				construction data as the Division requires.
Ga. Laws 1972, pp.
				  976, 981, as amended by Ga. Laws 1973, pp.1273, 1275
et seq.
Effective June 3, 1974; O.C.G.A. Sec.
				  12-5-96
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.13 - Test Wells

Current through Rules and Regulations filed
				through June 27, 2024
Any person drilling a well for the purpose of obtaining
				  geologic and hydrologic information for the study of ground water availability
				  should submit to the Division all information obtained from the testing
				  program. Prior approval of the testing program should be obtained from the
				  Division. Test wells drilled and not developed for ground water use and not
				  used as observation wells, shall be plugged and sealed in compliance with Rule
				  391-3-2-.14, Abandoned Wells. Test
				  wells drilled by the Division, or its authorized agent, shall be exempt from
				  the permit requirements, but shall meet the other requirements of this
				  Rule.
Ga. Laws 1972, pp.
				  976, 981, as amended by Ga. Laws 1973, pp. 1273, 1275
et seq.
Effective June 3, 1974; O.C.G.A. Sec
				  12-5-96
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.14 - Abandoned Wells

Current through Rules and Regulations filed
				through June 27, 2024
(1) Any existing well or wells which have
				been abandoned and no longer put to beneficial use and which have been deemed
				by the Division to have an unreasonable or potential unreasonable adverse
				effect on other water uses or users, or which result, or may result, in
				physical or chemical impairment of the aquifer or ground water system, shall be
				filled, plugged and sealed at the owner's expense in a manner acceptable to and
				approved by the Division.
(2)
				Whenever the Division deems an abandoned well to be an imminent danger to
				health, safety or welfare of the public or to the ground water quality, the
				well may be plugged, filled, and sealed by the Division Such action shall be
				taken only after notice to the owner and after a period of five days from such
				notice, during which period the owner may file an objection to such action. If
				such an objection is filed, the Division shall not permanently plug, fill and
				seal the well, but may install a temporary plug or seal.
(3) Upon the filing, plugging and sealing of
				an abandoned well or wells, the Division shall be informed by certified
				statement from the contractor within thirty (30) days after the sealing that
				the well or wells have been sealed according to the procedure approved by the
				Division.
(4) Observation wells
				used for the investigation or management of ground water by the Division or
				approved for this purpose shall not be considered "abandoned" so long as they
				are maintained for this purpose. Wells without shall be covered with a secure
				cap when measurements are not being made.
O.C.G.A. Sec.
				  12-5-91
				  .
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 391-3-2 - GROUNDWATER USE › Rule 391-3-2-.15 - 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 Ground Water Use Act (O.C.G.A.
				  Section 12-5-90
et seq.
)
				  and the Georgia Administration Procedure Act. Such enforcement procedures
				  include, but are not limited to, administrative orders, court orders,
				  injunctive relief, and civil and criminal penalties.
O.C.G.A. Sec.
				  12-5-99
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 391-3-3 - SURFACE MINING › Rule 391-3-3-.01 - Authority and Administration

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Authority.
Rules and
				regulations regarding surface mining and reclamation of affected lands are
				adopted pursuant to the Georgia Surface Mining Act of 1968, as
				amended.
(2)
Definitions.
All terms used in the rules and regulations shall be
				interpreted in accordance with the definitions as set forth in the Georgia
				Surface Mining Act of 1968, as amended, unless otherwise defined in the rules
				and regulations:
(a) "Act" means the Georgia
				Surface Mining Act of 1968, as amended;
(b) "Director" means the Director of the
				Division of Environmental Protection of the Department of Natural Resources,
				State of Georgia;
(c) "Division"
				means the Division of Environmental Protection of the Department of natural
				Resources, State of Georgia.
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 391-3-3 - SURFACE MINING › Rule 391-3-3-.04 - Substitution of Previously Mined Site

Current through Rules and
				Regulations filed through June 27, 2024
An operator may desire to substitute and reclaim an area
				  mined in the past for lands currently being mined. Such substitution may be
				  made on an acre for acre basis, and an operator's request for same shall be
				  prepared as to form and content in a manner acceptable to the Division.
				  Reclamation shall be initiated on substituted acres the first growing season
				  following the commencement of mining on the land for which substitution is
				  being made and must be completed no later than the three years from that date,
				  unless a period of other duration is approved by the Division as a part of the
				  mining operator's approved Mining Land Use Plan.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1972, p.1015, as amended; Ga. L. 1992, p. 1098, 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 391-3-3 - SURFACE MINING › Rule 391-3-3-.06 - Final Acceptable Reclamation

Current through Rules and
				Regulations filed through June 27, 2024
Following the removal or disposal of all structures,
				  equipment, stockpiles, mining refuse and all other materials associated with
				  surface mining, the affected land will be reclaimed in accordance with the
				  provision of the mining operator's approved Mining Land Use Plan. All lands,
				  except those specifically exempted by the Division in the operator's approved
				  Mining Land Use Plan, will have a neat, clean appearance and contain a high
				  quality, permanent vegetative cover.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1972, p.1015 as amended; Ga. L. 1992, p. 1098, 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 391-3-3 - SURFACE MINING › Rule 391-3-3-.07 - Maps and Aerial Photographs

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Location Map.
The operator
				will include as a part of his Mining Land Use Plan an accurate location map of
				affected lands.
(2)
Land Use
				Map.
The operator will prepare and submit as a part of his Mining Land
				Use Plan a detailed Land Use Map, prepared in a manner acceptable to the
				Division. Said Map shall include, but not be limited to, details of anticipated
				mining advancement and provision for drainage and erosion control
				measures.
(3)
Aerial
				Photographs.
Aerial photographs or reproductions thereof that accurately
				portray affected lands to be mined may be submitted by the operator in lieu of
				the required maps provided the operator has plotted and correctly identified
				all land use data on the photograph. Aerial photographs or reproductions
				thereof, which have a scale of less than 330 feet per inch or more that 660
				feet per inch (unless a scale of another size is approved by the Division) and
				which are not of adequate photo interpretation quality are unacceptable.
				Operators will submit the most recent available photograph that correctly shows
				the various physical features of lands being affected.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1972, p. 1015 as amended; Ga. L. 1992, p. 1098. 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 391-3-3 - SURFACE MINING › Rule 391-3-3-.08 - Protection of the Public Interest

Current through Rules and
				Regulations filed through June 27, 2024
The mining operator's plan shall incorporate sound
				  engineering and conservation measures for protecting the health and welfare of
				  the people of this State from adverse effects of surface mining. Operators will
				  be required to grade all peaks, ridges, and valleys resulting from surface
				  mining, and to backfill all pits and trenches resulting from same in a manner
				  to minimize any hazardous effects of mining adjacent to any State or
				  county-maintained public road. If the original ground elevation of the area
				  mined was at or below the road elevation, operators will be required to grade
				  to the original elevation and plane, a strip of land of a reasonable width,
				  lying adjacent and parallel to the public road involved. If the original ground
				  elevation of the area mined was above the road elevation and mining caused the
				  resulting elevation to be below the road elevation, operators will be required
				  to grade to at least the same elevation and plane as the road a strip of land
				  of a reasonable width, lying adjacent and parallel to the public road
				  involved.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1972, p. 1015 as amended; Ga. L. 1992, p. 1098, 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 391-3-3 - SURFACE MINING › Rule 391-3-3-.09 - Protection of the Environment and Contiguous Natural and Other Resources

Current through Rules and Regulations filed through June 27,
				2024
Whenever a mining site lies contiguous to any waters of the
				  State or whenever, in the judgement of the Division, proposed mining at such
				  site will adversely affect any portion of the watershed of the State, an
				  operator will be required to follow sound engineering and conservation measures
				  to provide protective barriers, such as dams, berms, silt ponds, or other
				  similar structures, between the lands to be affected and waters or watersheds
				  involved. All structures are to be approved by the Division as a part of the
				  operator's Mining Land Use Plan and are to be substantial for the protection of
				  contiguous natural resources of the State. All structures referred to above are
				  to be constructed a reasonable distance from waters of the State, or that
				  portion of a watershed of the State adversely affected, as determined by the
				  Division. Before natural creeks, streams, rivers, lakes, or other bodies of
				  water may be altered in course or relocated, the plan for such alteration or
				  relocation must be approved by the Division as part of the operator's approved
				  Mining Land Use Plan. Where a mining site is to be located on lands or adjacent
				  to lands containing natural or other resources which may be adversely affected
				  by the mining operation, the mining operator shall include as an attachment to
				  the Mining Land Use Plan, a plan to alleviate and/or mitigate adverse effects
				  of such impacts.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1992, p. 1098,
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 391-3-3 - SURFACE MINING › Rule 391-3-3-.10 - Confidentiality of Information

Current through Rules and Regulations
				filed through June 27, 2024
Any information relating to secret mining methods obtained by
				  the Division or its employees while carrying out the provision of the Act or
				  these rules and regulations shall, at the request of the mining operator, be
				  kept confidential.
Ga. L. 1968, p. 9,
et seq.
, as amended; Ga. L. 1972, p. 1015, as amended; Ga. L.
				  1992, p. 1098, 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 391-3-3 - SURFACE MINING › Rule 391-3-3-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1968; p. 9, as
				  amended; Ga. L. 1972, p. 1015, 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 391-3-4 - SOLID WASTE MANAGEMENT › Rule 391-3-4-.02 - Solid Waste Handling Permits

Current through Rules and
				Regulations filed through June 27, 2024
(1) Solid Waste Handling Permits Required. No
				person shall engage in solid waste handling or construct or operate a solid
				waste handling facility, except those individuals exempted from the provisions
				of the Georgia Comprehensive Solid Waste Management Act, under the provisions
				of O.C.G.A.
				12-8-30.10 or O.C.G.A.
				12-8-40 or those individuals who
				have a permit-by-Rule under Rule
				391-3-4-.06, without first obtaining
				a permit from the Director authorizing such activity.
(a) Applicability. All new and existing solid
				waste handling permits.
(b)
				Application Completeness. The Director may issue permits for solid waste
				handling provided the application is judged complete and meets the requirements
				of the Georgia Comprehensive Solid Waste Management Act and these Rules. Solid
				Waste Handling Permits shall be required for, but are not limited to, persons
				engaged in the collection, transportation, treatment, utilization, storage,
				processing, or disposal of solid wastes, or any combination thereof, except as
				exempted by O.C.G.A.
				12-8-30.10 or O.C.G.A.
				12-8-40 and these Rules and shall
				be required for the construction or operation of all solid waste handling
				facilities, except as exempted by O.C.G.A.
				12-8-30.10 or O.C.G.A.
				12-8-40 and these Rules.
(c) Permit Review and Schedule. As of July 1,
				2018, all new permits shall be reviewed every five years. All permits issued
				prior to July 1, 2018 will be reviewed within five years and will then be
				placed on a corresponding five year review schedule.
(d) Permit Review. Each permit for a solid
				waste handling facility will be reviewed by the Division every five years and
				shall be modified to assure that the facility continues to comply with the
				currently applicable requirements of these Rules. The permit review will
				require that the permittee submit and revise Design and Operational Plans and
				other supporting documents, as necessary, to include any changes to reflect the
				facility's current construction and operation. Permit reviews shall be filed
				with the Division as either a minor modification or a major modification.
1. In order for permits to remain in effect,
				applications for permit review shall be filed at least six (6) months, but not
				more than eighteen (18) months prior to the date of scheduled permit
				review.
2. Existing solid waste
				handling permits shall remain in effect during the review period.
3. If a timely and complete review package
				has not been submitted, the solid waste handling facility's right to operate
				ceases until a complete application has been
				submitted.
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 391-3-4 - SOLID WASTE MANAGEMENT › Rule 391-3-4-.03 - Public Participation

Current through Rules and Regulations
				filed through June 27, 2024
(1) Any city, county, group of counties, or
				authority beginning a process to select a site for a municipal solid waste
				disposal facility shall first call a public meeting as described herein.
(a) Notice such meeting shall be published at
				least once per week for two weeks immediately preceding the public meeting in a
				newspaper of general circulation serving such municipality or county.
(b) Where such proposed facility will serve a
				regional solid waste management authority established pursuant to O.C.G.A.
				12-8-53, the notice procedure
				outlined in subparagraph (a) above shall be followed in each jurisdiction
				participating in such authority.
(c) The purpose of the public meeting shall
				be to discuss the waste management needs of the local government or region and
				to describe the siting process to be followed.
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 391-3-4 - SOLID WASTE MANAGEMENT › Rule 391-3-4-.04 - General. Amended

Current through Rules and Regulations filed
				through June 27, 2024
(1) No person shall engage in solid waste
				handling in a manner which will be conducive to insect and rodent infestation
				or the harboring and feeding of wild dogs or other animals; impair the air
				quality; impair the quality of the ground or surface waters; impair the quality
				of the environment; or likely create other hazards to the public health,
				safety, or well- being as may be determined by the Director.
(2) Provisions of these Rules apply to all
				persons presently engaged in solid waste handling as well as all persons
				proposing to engage in solid waste handling.
(3) Exemptions: provisions of these Rules
				shall not apply to any individual disposing of solid wastes originating from
				his own residence onto land or facilities owned by him when disposal of such
				wastes does not thereby adversely affect the public health. These Rules shall
				not apply to any individual, corporation, partnership, or cooperative disposing
				of livestock feeding facility waste from facilities with a total capacity of up
				to 1,000 cattle or 5,000 swine. Provided that if such individual, corporation,
				partnership, or cooperative shall provide an approved waste disposal system
				which is capable of properly disposing of the run-off from a "ten year storm"
				such individual, corporation, partnership or cooperative shall be further
				exempt regardless of total per head capacity. Nothing in these Rules shall
				limit the right of any person to use poultry or other animal manure for
				fertilizer.
(4) Prohibited Acts:
(a) Burning: no solid waste may be burned at
				a solid waste handling facility, except by thermal treatment technology
				facility approved by the Division.
(b) Scavenging: no person owning or operating
				a solid waste handling facility shall cause, suffer, allow or permit scavenging
				at such site.
(c) Open Dump: no
				solid waste may be disposed of by any person in an open dump, nor may any
				person cause, suffer, allow or permit open dumping on his property.
(d) Asphalt Shingles: no roofing shingles
				which contain asphalt may be disposed of except in construction and demolition
				or municipal solid waste landfills.
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 391-3-4 - SOLID WASTE MANAGEMENT › Rule 391-3-4-.06 - Permit by Rule for Collection, Transportation, Processing, and Disposal

Current through Rules and Regulations filed through June 27,
				2024
(1) Permit-by-Rule.
				Notwithstanding any other provision of these Rules, collection operations,
				transfer station operations, inert waste landfill operations, waste processing
				and thermal treatment operations, wastewater treatment and pretreatment plant
				sludge disposal operations, and yard trimmings waste landfill operations shall
				be deemed to have a solid waste handling permit if the conditions in paragraph
				(2) are met and the conditions in paragraph (3), for that particular category
				of operation are met.
(2)
				Notification. Within 30 days of commencing solid waste handling activities
				which are covered under a permit-by-Rule, notification must be made to the
				Director of such activity. Notification shall be made on such forms as are
				provided by the Director. Persons failing to notify the Director of such
				activities shall be deemed to be operating without a permit.
(3) Categories of Operations:
(a) Collection Operations:
1. Vehicle construction: vehicles or
				containers used for the collection and transportation of garbage and similar
				putrescible wastes, or mixtures containing such wastes, shall be covered,
				substantially leakproof, durable, and of easily cleanable
				construction.
2. Vehicle
				maintenance: solid waste collection and transportation vehicles shall be
				cleaned frequently and shall be maintained in good repair.
3. Littering and spillage: vehicles or
				containers used for the collection and transportation of solid waste shall be
				loaded and moved in such manner that the contents will not fall, leak or spill
				therefrom and shall be covered when necessary to prevent blowing of material
				from the vehicle.
4. No regulated
				quantities of hazardous wastes may be collected and transported except in
				accordance with the provisions of the Georgia Hazardous Waste Management Act,
				O.C.G.A. 12-8-60
et
				seq
.
5. Local ordinances:
				it is the responsibility of the collector to comply with all local rules,
				regulations, and ordinances pertaining to operation of solid waste collection
				systems.
6. All wastewater from
				cleaning of vehicles must be handled in a manner which meets all applicable
				environmental laws and regulations.
7. All collected solid waste must be
				deposited only in a permitted solid waste handling facility authorized to
				receive the applicable waste types.
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 391-3-4 - SOLID WASTE MANAGEMENT › Rule 391-3-4-.08 - Solid Waste Thermal Treatment Operations

Current through Rules and
				Regulations filed through June 27, 2024
(1) Except as otherwise noted in (2) below,
				any person engaged in thermal treatment technology of solid waste, in addition
				to the requirements of O.C.G.A.
				12-8-24(i)
				relating to Federal New Source Performance Standards, shall comply with the
				following requirements:
(a) Design Criteria:
				a design and operational plan prepared as a part of the permit application must
				be prepared by a professional engineer registered in Georgia and must include,
				but is not limited to, the following criteria:
1. Capacity: the thermal treatment technology
				facility shall be adequate in size and capacity to manage the projected
				incoming solid waste and residue volumes.
2. Storage Time: the facility shall provide
				for a minimum storage capacity of not less than three (3) times the daily
				capacity of the thermal treatment technology equipment. No waste shall be
				stored in excess of the permitted capacity.
3. Types of Waste: the application must
				include the sources, types and weight or volumes of solid waste to be
				processed, including data on the moisture content of the waste, and information
				concerning special environmental pollution or handling problems that may be
				created by the solid waste.
4.
				Residue Analysis: the facility shall be designed in such a manner as to provide
				for such devices to expedite the routine sampling of bottom and fly
				ash.
5. Air Quality: the facility
				shall be designed in such manner as to meet any air quality standards of the
				Division.
6. Wastewater: the
				facility shall be designed so that any wastewater generated will be discharged
				to a wastewater system and, before final release, will be treated in a manner
				approved by the Division.
7. Fire
				Protection: facility design shall provide for fire control equipment placed
				near the storage and charging area, and elsewhere as needed, and additional
				fire fighting equipment shall be made available for emergencies.
8. Residue Acceptability: the facility shall
				provide for sufficient temperature and combustion times to produce a residue
				essentially free of odors and unstable organic matter.