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 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.11 - Out-of-Service UST Systems and Closure

Current through Rules and
				Regulations filed through June 27, 2024
(1) 40 CFR Part 280, Subpart G is hereby
				incorporated by reference.
(2) The
				owner or operator, or past owner or operator, of an UST system, in service on
				or after January 1, 1974, but taken out of service or abandoned before December
				22, 1988, is not required to conduct closure activities or submit closure
				documents. However, corrective action is required if contamination is
				subsequently discovered.
(3) For
				all UST systems permanently closed after the effective date of these rules, a
				closure report, prepared on such forms as provided by EPD, must be submitted to
				EPD by the owner within 45 days of completion of closure.
O.C.G.A. §
											12-13-1, 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 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.12 - Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements

Current through Rules and Regulations
				filed through June 27, 2024
(1) 40 CFR Part 280, Subpart H is hereby
				incorporated by reference, excluding
				40 CFR
				280.100 and
				40 CFR
				280.101.
(2) 40 CFR Part 280, Subpart I is hereby
				incorporated by reference.
(3) An
				owner or operator may satisfy the requirements of financial responsibility, as
				described in 40 CFR
				280.93, for underground storage tanks located
				in Georgia by participating in the liability limitations and reimbursement
				benefits of the Georgia Underground Storage Tank (GUST) Trust Fund, in
				accordance with Rule
				391-3-15-.13.
O.C.G.A. §
											12-13-1, 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 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.13 - Georgia Underground Storage Tank (GUST) Trust Fund

Current
				through Rules and Regulations filed through June 27, 2024
(1) Administration.
(a) Funding the GUST Trust Fund.
1.
Environmental Assurance Fee
				(EAF).
In order to participate in the liability limitations and
				reimbursement benefits of the GUST Trust Fund, commencing on July 1, 1988, an
				UST owner or operator shall pay to EPD an EAF on each gallon of petroleum
				products imported into Georgia. The EAF was 0.1¢ per gallon from July 1,
				1988 through September 30, 1991; 0.2¢ per gallon from October 1, 1991
				through September 30, 1996; 0.5¢ per gallon from October 1, 1996 through
				June 30, 2013; and the EAF is 0.75¢ per gallon effective July 1, 2013.
				This fee is established to assure the funding of emergency, preventive, or
				corrective actions necessary when public health or safety is, or potentially
				may be, threatened from a release of regulated substances from an UST and to
				provide compensation for third-party liability.
(i)
Point of EAF Collection.
This fee shall be collected by the terminal operator or jobber upon request of
				the UST owner or operator when the petroleum product is removed from a
				terminal, or if the petroleum product will never be stored in a terminal in
				Georgia, then by the importer thereof and paid to EPD. Proof of such payment
				shall be provided the UST owner or operator by the terminal operator or jobber.
				Exchanges of petroleum products on a gallon-for-gallon basis within a terminal
				shall be exempt from this fee. Petroleum product which is subsequently exported
				from Georgia is exempt from this fee. An UST owner or operator purchasing
				petroleum products from an out-of-state terminal operator or jobber must remit
				the EAF directly to EPD, unless the terminal operator or jobber agrees to remit
				the EAF for the owner or operator.
(ii)
Timetable for Remittance.
EAFs shall be remitted to EPD quarterly. Terminal operators remitting collected
				EAFs may be required to provide EPD with a list(s) of owners or operators who
				elected or declined payment of EAFs. Fees are due to EPD on the 20th day of
				each October, January, April, and July for the previous three month period. The
				EAF payment shall be accompanied by such forms as may be prescribed by the
				Director. If a terminal operator, direct importer or direct pay owner or
				operator has good cause for an extension of time, he may apply to the Director
				for additional time to file his EAF payment. Such application must be made to
				the Director before the payment becomes delinquent and must state all facts
				giving rise to the necessity for additional time. If the Director grants an
				extension, such extension may not exceed 30 days.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.14 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
The enforcement of these Rules and Regulations shall be in
				  accordance with the Georgia Underground Storage Tank Act and the Georgia
				  Administrative Procedure Act. Such enforcement measures include, but are not
				  limited to, administrative orders, court orders, injunctive relief, and civil
				  penalties pursuant to these Acts.
O.C.G.A. Sec.
				  12-13-1
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 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.15 - Variances

Current through Rules and Regulations filed through June 27,
				2024
A variance may be granted by the Director only if it is
				  consistent with the requirements of GUSTA and these Rules and consistent with
				  the Federal Act and Regulations promulgated thereunder.
O.C.G.A.
				  12-13-1
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 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.17 - Airport Hydrant Systems and Field Constructed Tanks

Current
				through Rules and Regulations filed through June 27, 2024
(1) 40 CFR Part 280, Subpart K, is hereby
				incorporated by reference, except for the following:
(a) Each reference to "October 13, 2015"
				shall be replaced with "December 15, 2017".
(b) Each reference to "October 13, 2018"
				shall be replaced by "December 15, 2020".
(c) Each reference to "October 13, 2021"
				shall be replaced by "December 15, 2023".
(d) Each reference to "October 13, 2022"
				shall be replaced by "December 15, 2024".
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 391-3-16 - RULES FOR ENVIRONMENTAL PLANNING CRITERIA › Rule 391-3-16-.01 - Criteria for Water Supply Watersheds

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Background
.
(a) These Criteria establish pursuant to
				O.C.G.A. §
										12-2-8 a basis to be used by local
				governments to allow development of a water supply watershed without
				contaminating the water source to a point where it cannot be treated to meet
				drinking water standards. The criteria accomplish this by establishing buffer
				zones around streams and by specifying allowable impervious surface densities
				within watersheds. The criteria also include protection of water supply
				reservoirs by buffer zones and management practices to be established by
				reservoir owners and approved by the Department of Natural Resources.
(b) Large drainage basins are less vulnerable
				to contamination by land use development than small basins. Therefore, more
				stringent watershed protection criteria are established for water supply
				watersheds less than 100 square miles in size. Since existing water supply
				sources as well as future sources must be protected, the criteria apply to both
				existing and future water supply watersheds. Watersheds are not identical;
				consequently alternate criteria may be adopted by local governments to protect
				water supply watersheds.
(c) The
				purpose of these criteria is to establish the protection of drinking water
				watersheds. This protection is necessary for the enhancement of public health,
				safety and welfare as well as to assure that surface sources of drinking water
				are of high quality in order to be treated to meet all State and Federal
				drinking water standards.
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 391-3-16 - RULES FOR ENVIRONMENTAL PLANNING CRITERIA › Rule 391-3-16-.04 - Criteria for River Corridor Protection

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Background.
The following
				section on background is strictly for the purpose of introduction of the
				criteria. The section explains the importance of the river corridors, the
				relevant section of the Official Code of Georgia, and the method prescribed by
				the law for protection of river corridors.
(a) River corridors are the strips of land
				that flank major rivers in Georgia. These corridors are of vital importance to
				Georgia in that they preserve those qualities that make a river suitable as a
				habitat for wildlife, a site for recreation, and a source for clean drinking
				water. River corridors also allow the free movement of wildlife from area to
				area within the state, help control erosion and river sedimentation, and help
				absorb flood waters.
(b) The
				Comprehensive Georgia Planning Act of 1989 provides for the development of
				coordinated and comprehensive planning by municipal and county governments.
				Such comprehensive plans shall consider the natural resources, environments,
				and vital areas within the jurisdiction of the local government. Maintenance of
				the status as a "Qualified Local Government" is contingent upon the development
				of such comprehensive plans (O.C.G.A.
				50-8-1
et
				seq.
).
(c) Section
				12-2-8 (as amended of Article 1,
				Chapter 2, Title 12 of the Official Code of Georgia Annotated (O.C.G.A.)
				authorized the Department of Natural Resources (DNR) to develop minimum
				planning standards and procedures for the protection of river corridors in the
				state, and requires local governments to use these minimum standards in
				developing and implementing local comprehensive plans.
(d) The method mandated in O.C.G.A.
				12-2-8 for the protection of river
				corridors is the established of natural vegetative buffer area bordering each
				protected river. Local government will develop River Corridor Protection Plans
				(as part of the comprehensive plans authorized under O.C.G.A.
				36-70-3) that will maintain the
				integrity of this buffer area.
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 391-3-16 - RULES FOR ENVIRONMENTAL PLANNING CRITERIA › Rule 391-3-16-.05 - Criteria for Mountain Protection

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Background.
The following
				section on background is strictly for the purpose of introduction of the
				criteria. The section explains the significance of land-disturbing activities
				on Georgia mountains, the relevant section of the Official Code of Georgia, and
				the method prescribed by the law for protection of a mountain areas.
(a) The mountain of Georgia are characterized
				by steeps slopes, thin soils, and, because of the natural stresses placed on
				such environments, they require special protection. Land-disturbing activity on
				the high-elevation, steep-slope mountains of Georgia potentially threatens the
				public health, safety, welfare, and economic progress of the state. Such
				land-disturbing activity:
1. may endanger the
				quality of surface water by increasing erosion and stream
				sedimentation;
2. has the potential
				to induce landslides;
3. has the
				potential to adversely affect ground water due to the difficulty in providing
				proper sewage disposal in areas of steep slope and high elevation;
4. may damage the habitat for some species of
				wildlife (both plants and animals); and
5. may detract from the mountains' scenic and
				natural beauty which is vital to the recreation and tourism industry of North
				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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.02 - Licensing of Radioactive Material

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose and Scope.
(a) This Rule,
				391-3-17-.02, provides for the
				licensing of radioactive material. No person shall receive, possess, use,
				transfer, own, or acquire radioactive material except as authorized in a
				specific or general license issued pursuant to this Rule or as otherwise
				provided in this Chapter. However, nothing in this Rule shall apply to any
				person to the extent such person is subject to regulation by the U.S. Nuclear
				Regulatory Commission.
(b) In
				addition to the requirements of this Rule, all licensees are subject to the
				requirements of Rules
				.01,
				.03,
				.06,
				.07,
				.10, and
				.11 of this Chapter. Licensees
				engaged in industrial radiographic operations are subject to the requirements
				of Rule .04 of this
				Chapter. Licensees using radioactive material in the healing arts are also
				subject to the requirements of Rule
				.05 of this Chapter. Licensees
				engaged in the extrusion, mining, storage, beneficiating, processing, use,
				transfer, or disposal of NORM in such a manner as to alter the chemical
				properties or physical state of the NORM or its potential exposure pathways to
				humans are also subject to the requirements of Rule
				.08 of this Chapter. Licensees
				using irradiators whose dose rate exceeds 500 rads (5 Grays) per hour at one
				meter from the radioactive sealed sources are also subject to the requirements
				of Rule .09 of this
				Chapter.
Note: All numbered and lettered references within this Rule
				  refer to parts of this Rule, unless stated otherwise.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.03 - Standards for Protection Against Radiation

Current through Rules and Regulations filed
				through June 27, 2024
(1)
General Provisions
(a) Purpose.
This Rule, 391-3-17-.03, establishes standards for protection
				  against ionizing radiation resulting from activities conducted pursuant to
				  licenses issued by the Director. The requirements in this Rule are designed to
				  control the receipt, possession, use, transfer, and disposal of sources of
				  radiation by any licensee so that the total dose to an individual, including
				  doses resulting from all sources of radiation other than background radiation,
				  does not exceed the standards for protection against radiation prescribed in
				  this Rule. However, nothing in this Rule shall be construed as limiting actions
				  that may be necessary to protect health and safety.
(b) Scope.
This Rule applies to persons licensed by the Director on or
				  after January 1, 1994, to receive, possess, use, transfer, or dispose of
				  sources of radiation. The limits in this Rule do not apply to doses due to
				  background radiation, to exposure of patients to radiation for the purpose of
				  medical diagnosis or therapy, or to voluntary participation in medical research
				  programs.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.04 - Special Radiation Safety Requirements for Industrial Radiographic Operations

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Purpose.
The provisions of this Rule establish radiation safety
				  requirements and certification procedures for persons utilizing radioactive
				  materials for industrial radiography. Each licensee and certificate holder is
				  responsible for ensuring compliance with these Rules, his license conditions,
				  and Orders of the Director. Each licensee and certificate holder is also
				  responsible for ensuring that persons performing activities under a license
				  comply with the Rules, license conditions, and Orders of the Director.
(2)
Scope.
(a) The provisions of this Rule are in
				addition to and not a substitution for the other requirements of this Chapter.
				The provisions of this Rule apply to all licensees who use radioactive
				materials for industrial radiography; provided, however, that nothing in this
				Rule shall apply to the use of radioactive materials in the healing
				arts.
(b) The licensee shall inform
				the Division within three days of work to be performed at temporary job sites
				within the State of Georgia. If the licensee was not given three days notice
				for a particular job site the licensee shall provide notification to the
				Division prior to starting work at the site. The following information is
				required in the notification: the location of the job site; the employing
				company; a point of contact for the employing company; the dates of the job;
				and the starting and ending times on the job site.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.06 - Transportation of Radioactive Material

Current through Rules and
				Regulations filed through June 27, 2024
(1)
General.
(a) Purpose. The Regulations in this Rule,
				391-3-17-.06, establish
				requirements for packaging, preparation for shipment, and transportation of
				radioactive material.
(b) Scope.
				This Rule applies to any licensee authorized by specific or general license
				issued by the Director, Agreement State, or NRC to receive, possess, use, or
				transfer licensed material to a carrier for transport of the material outside
				the site of usage as specified in the license, or transports that material on
				public highways or public access roads. No provision of this part authorizes
				possession of licensed material.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.07 - Notices, Instructions, and Reports To Workers: Inspection and Investigations

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose and Scope.
This
				Rule, 391-3-17-.07,
				establishes requirements for notices, instructions, and reports by licensees to
				individuals engaged in activities under a license and options available to such
				individuals in connection with Division inspections of licensees to ascertain
				compliance with the provisions of the Act and Regulations, Orders, and licenses
				issued thereunder regarding radiological working conditions. The Regulations in
				this Rule apply to all persons who receive, possess, use, own, or transfer
				sources of radiation licensed by the Director pursuant to Rules
				391-3-17-.02,
				.04,
				.05,
				.08, and
				.09.
(2)
Posting of Notices to
				Workers.
(a) Each licensee shall post
				current copies of the following documents:
1.
				This Rule and Rule
				391-3-17-.03 of this
				Chapter;
2. The license, license
				conditions and documents incorporated into the license by reference and
				amendments thereto;
3. The operating
				procedures applicable to activities under the license; and
4. Any notice of violation involving
				radiological working conditions, proposed imposition of civil penalty, or Order
				issued pursuant to this Chapter, and any response from the
				licensee.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.08 - Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM)

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
This Rule,
				391-3-17-.08, establishes radiation protection standards for the possession,
				use, transfer, and disposal of naturally-occurring radioactive materials (NORM)
				not subject to regulation under the Atomic Energy Act of 1954, as amended. All
				numbered and lettered references within this Rule refer to parts of this Rule,
				unless stated otherwise.
(2)
Scope.
(a) This Rule applies to
				any person who engages in the extraction, mining, storage, beneficiating,
				processing, use, transfer, or disposal of NORM in such a manner as to alter the
				chemical properties or physical state of the NORM or its potential exposure
				pathways to humans.
(b) This Rule
				addresses the introduction of NORM into products in which neither the NORM nor
				the radiation emitted from the NORM is considered to be beneficial to the
				products. The manufacture and distribution of products containing NORM in which
				the NORM and/or its associated radiation(s) is considered to be a beneficial
				attribute are licensed under the provisions of Rule
				.02 of this Chapter.
(c) This Rule also addresses waste management
				and disposal standards.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.09 - Licensing and Radiation Safety Requirements for Irradiators

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose and scope.
(a) This Rule, 391-3-17-.09, contains
				requirements for the issuance of a license authorizing the use of sealed
				sources containing radioactive materials in irradiators used to irradiate
				objects or materials using gamma radiation. This Rule also contains radiation
				safety requirements for operating irradiators. The requirements of this Rule
				are in addition to other requirements of this Chapter. In particular, the
				provisions of Rules
				391-3-17-.02,
				.03, and
				.07 apply to applications and
				licenses subject to this Rule. Nothing in this Rule relieves the licensee from
				complying with other applicable Federal, State, and local regulations governing
				the siting, zoning, land use, and building code requirements for industrial
				facilities.
(b) The Regulations in
				this Rule apply to panoramic irradiators that have either dry or wet storage of
				the radioactive sealed sources and to underwater irradiators in which both the
				source and the product being irradiated are under water. Irradiators whose dose
				rates exceed 500 rads (5 Grays) per hour at one meter from the radioactive
				sealed sources in air or in water, as applicable for the irradiator type, are
				covered by this Rule.
(c) This Rule
				does not apply to self-contained dry-source-storage irradiators (those in which
				both the source and the areas subject to irradiation are contained within a
				device and are not accessible by personnel), medical radiology or teletherapy,
				radiography (the irradiation of materials for nondestructive testing purposes),
				gauging, or open-field (agricultural) irradiations.
(d) Any sealed source licensed pursuant to
				this Rule shall have a solubility equal to or less than the solubility of
				cobalt-60 metal in water.
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.11 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
A person who fails to comply with O.C.G.A. Section
				  31-13-1,
et seq.,
or Chapter 391-3-17, shall be subject to revocation of this license and/or
				  other sanctions provided by law. The enforcement and administration of this
				  Chapter shall be as prescribed in O.C.G.A.
				  31-13-1,
et seq.,
Georgia Radiation Control Act; O.C.G.A.
				  31-5-1,
et seq.,
Administration and Enforcement; and O.C.G.A. Section
				  50-13-1,
et seq.,
Administrative Procedure Act.
Ga. L. 1964, pp. 499,
				  507, 566-575, as amended (Georgia Control
				  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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.12 - Licenses and Radiation Safety Requirements for Well Logging

Current through Rules and Regulations filed
				through June 27, 2024
(a) Except as set forth in (b) and (c) below,
				this subchapter incorporates by reference 10 CFR Part 39.
(b) The following provisions of 10 CFR Part
				39 are not incorporated by reference. If there is a cross reference to a
				Federal citation specifically entirely excluded from incorporation, then the
				cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR
				39.8, Information collection requirements:
				OMB approval
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 391-3-17 - RADIOACTIVE MATERIALS › Rule 391-3-17-.13 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Materials

Current through Rules and Regulations filed
				through June 27, 2024
(1) Except as set forth in (2) and (3) below,
				this Rule incorporates by reference 10 CFR Part 37 with an Effective Date of
				December 30, 2019.
(2) The
				following provisions of 10 CFR Part 37 are not incorporated by reference. If
				there is a cross reference to a Federal citation specifically entirely excluded
				from incorporation, then the cross referenced citation is not incorporated by
				virtue of the cross reference:
(a)
										10 CFR
				37.1, Purpose
(b)
										10 CFR
				37.3, Scope
(c)
										10 CFR
				37.7, Communications
(d)
										10 CFR
				37.9, Interpretations
(e)
										10 CFR
				37.11 (a-b), Specific
				Exemptions
(f)
										10 CFR
				37.13, Information collection requirements:
				OMB approval
(g)
										10 CFR
				37.105, Inspections
(h)
										10 CFR
				37.109, Criminal
				penalties
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 391-3-18 - RULES FOR CERTIFICATION OF ENVIRONMENTALLY SENSITIVE PROPERTY › Rule 391-3-18-.01 - Purpose

Current through Rules and Regulations filed
				through June 27, 2024
The purpose of these rules is to establish the procedures for
				  certification of environmentally sensitive property for purposes of ad valorem
				  taxation for conservation use, in accordance with O.C.G.A. Sec.
				  48-5-7.4(a)(2).
				  These rules are also designed to complement the Department of Revenue's Rules
				  for Conservation Use Property, Chapter 560-11-6.
O.C.G.A.
				  §§
											48-5-7.4,
				  12-2-4(k),
				  12-2-24(a)
				  .
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 391-3-18 - RULES FOR CERTIFICATION OF ENVIRONMENTALLY SENSITIVE PROPERTY › Rule 391-3-18-.02 - Definitions

Current through Rules and Regulations filed
				through June 27, 2024
All terms used in this rule chapter shall be interpreted in
				  accordance with the definitions as set forth in O.C.G.A. Sec.
				  48-5-7.4 and Rule Chapter
				  560-11-6.
(1) "Department" means the
				Georgia Department of Natural Resources.
(2) "Maintenance in its natural condition"
				means to manage the land in such a manner that would not ruin, erode, harm,
				damage, or spoil the nature, distinctiveness, identity, appearance, utility or
				function that originally characterized the property as environmentally
				sensitive under O.C.G.A. Section
				48-5-7.4(a)(2).
(3) "Primary use" means the principal use to
				which the property is devoted, as distinct from an incidental, occasional,
				intermediate or temporary use for some other purpose not detrimental to or in
				conflict with its primary purpose.
O.C.G.A.
				  §§
											48-5-7.4,
				  12-2-4(k),
				  12-2-24(a)
				  .
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 391-3-18 - RULES FOR CERTIFICATION OF ENVIRONMENTALLY SENSITIVE PROPERTY › Rule 391-3-18-.03 - Environmentally Sensitive Property

Current through Rules and Regulations filed
				through June 27, 2024
(1) Environmentally sensitive property
				includes real property that meets the definition of one or more categories of
				paragraph (2) and where the primary use of such property is:
(a) for categories (2)(a) through (2)(f),
				maintenance in its natural condition; or
(b) for categories (2)(a) through (2)(c),
				enhancing the water quality of surface or ground waters; or
(c) for category (2)(g), controlling or
				abating pollution of surface or ground waters by storm water runoff or
				otherwise enhancing the water quality of surface or ground waters.
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 391-3-18 - RULES FOR CERTIFICATION OF ENVIRONMENTALLY SENSITIVE PROPERTY › Rule 391-3-18-.04 - Procedures for Certification of Environmentally Sensitive Property

Current through Rules and Regulations filed
				through June 27, 2024
(1) Property owners who wish to have all or
				portions of their property certified as environmentally sensitive for tax
				assessment purposes must submit the information set forth below using an
				application form provided by the Department.
(a) The qualifying property must be owned by
				an entity meeting the ownership requirements of O.C.G.A. §
										48-5-7.4(a)(1)(C).
(b) The application for certification must
				include a property map or survey providing the total acreage of the owner's
				property and showing the property boundaries. The total acreage and boundaries
				should correspond to the records maintained by the county tax
				assessor.
(c) The application for
				certification must also include a map identifying those portions of the
				property that the applicant believes meets one or more of the categories in
				paragraphs (3) through (9).
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.01 - General Provisions

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Purpose.
The purpose of
				these rules is to establish policies, procedures, requirements, and standards
				to implement the Georgia Hazardous Site Response Act, Official Code Georgia
				Annotated (O.C.G.A) Section
				12-8-90
et seq.
(1992), as amended. These Rules are promulgated to protect and enhance the
				quality of Georgia's environment and to protect the public health, safety, and
				well-being of its citizens.
(2)
Authority.
These Rules are issued under the authority of the
				Georgia Hazardous Site Response Act (HSRA), O.C.G.A Section
				12-8-90
et
				seq.
O.C.G.A Section
				  12-8-90
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.03 - Hazardous Waste Management and Hazardous Substance Reporting Fees

Current through Rules and Regulations filed through June 27,
				2024
(1)
Exclusions.
Hazardous waste generated by the following is exempted
				from the hazardous waste management fees required by this section:
(a) Conditionally exempt small quantity
				generators;
(b) Corrective action
				required by an order, permit, or approved closure plan issued pursuant to the
				Georgia Hazardous Waste Management Act, O.C.G.A. §
										12-8-60
et seq.
,
				as amended;
(c) Corrective action
				required by an order of the Director pursuant to the Hazardous Site Response
				Act, O.C.G.A. §
										12-8-90
et seq.
,
				as amended; and
(d) Response
				actions required under the federal Comprehensive Environmental Response,
				Compensation, and Liability Act of 1980, 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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.05 - Reporting of Releases exceeding Reportable Quantities and Listing of Sites on the Hazardous Site Inventory

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Listing on the Hazardous Site
				Inventory.
The Director shall list a site on the Hazardous Site
				Inventory if the Director determines that a release exceeding a reportable
				quantity has occurred or that a release poses a danger to human health and the
				environment. A determination that a release exceeding a reportable quantity has
				occurred shall be made in accordance with the method in Appendix II.
(2)
Release reporting.
If the
				Director determines that a release exceeding a reportable quantity has
				occurred, he shall notify the property owner in writing of his finding. If the
				Director determines that a release exceeding a reportable quantity has not
				occurred, he shall likewise issue such determination in writing. Within 45 days
				of the receipt of the Director's written determination that a release exceeding
				a reportable quantity has occurred, the property owner shall submit the
				following information unless such information has already been submitted
				pursuant to Rule
				391-3-19-.04(4):
(a) Name, mailing address, and telephone
				number of the site's property owner, lessee, tenant, or facility owner or
				operator;
(b) Street address of the
				site or, if a numbered street address is not available, a location
				descriptor;
(c) An original of the
				most current topographic map of scale 1:24,000 produced by the United States
				Geological Survey, with the geographic center of the site identified;
(d) A description of the property boundaries
				in the vicinity of the site, by legal description, survey plat, tax map, or
				other means;
(e) A chemical name,
				taken from appendix I, of each regulated substance released at the site which
				independently meets the notification criteria in Rule
				391-3-19-.04(3);
(f) A general description of the nature of
				the release and the location of areas affected by the release or by its
				subsequent migration, both within and beyond the original site's property
				boundaries;
(g) If known, the
				source, quantity, and the date of the regulated substance released;
(h) Suspected or known date and quantity of
				each release at the site;
(i)
				Suspected or known source of each release at the site and the known or
				estimated extent of the area contaminated by said release or by its subsequent
				migration, both within and beyond the site's property boundaries;
(j) A summary of actions taken to
				investigate, clean up, or otherwise remediate the site;
(k) A statement which identifies the criteria
				of Rule 391-3-19-.04(3) by
				which the property owner determined that a release which requires notification
				has occurred.
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.06 - Corrective Action

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Applicability.
The
				requirements of Rule
				391-3-19-.06 apply to any person
				who is a responsible party at a site listed on the Hazardous Site Inventory
				except as otherwise provided for in Rule
				391-3-19-.06(7).
(2)
Classification of sites on the
				Hazardous Site Inventory.
Upon listing a site on the Hazardous Site
				Inventory, the Director shall designate the site or any individual property at
				the site as Class II unless or until he determines that it should be designated
				as Class I, Class III, Class IV, or Class V pursuant to Rule
				391-3-19-.06(2)(a) through
				(d):
(a)
				Class I applies to any site or any individual property at a site which:
1. Includes the source of a release to a
				groundwater drinking water supply that has caused, or is likely to cause, human
				exposure through drinking water to concentrations of a regulated substance that
				exceed any of the Type 1 groundwater criteria described in Rule
				391-3-19-.07(6)(b);
2. Has had a release which continues to add
				contaminants to soil, water, or air, or that continues to expand in area or
				volume;
3. Has had a release of a
				regulated substance that results in or is likely to result in any of the
				following:
(i) Bioaccumulation of a regulated
				substance in flora or fauna that causes adverse toxicological effects or that
				results in the need to recommend that human consumption be limited;
(ii) Adverse acute or chronic effects to
				domestic animals, fish, shellfish, or wildlife;
4. Includes an abandoned facility where the
				potential for exposure to a regulated substance is not controlled through
				on-site management;
5. Has been
				classified as Class I pursuant to Rule
				391-3-19-.06(6)(b)(4) or
				(c); or
6. Does not meet any other criteria of Rule
				391-3-19-.06(2)(a)
				but the Director has determined that it nevertheless poses a danger to human
				health or the environment.
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.07 - Risk Reduction Standards

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose and Scope.
Rule
				391-3-19-.07 specifies the
				information and procedures necessary to demonstrate compliance with
				requirements under HSRA for corrective action for all regulated substance
				releases at a site or individual property at a site listed on the Hazardous
				Site Inventory. All risk reduction standards will, when implemented, provide
				adequate protection of human health and the environment. Compliance with these
				requirements does not preclude the requirement to comply with any stricter
				standards that may be applicable under other state or federal laws or
				regulations. These risk reduction standards may be applicable, relevant, or
				appropriate requirements for remedial actions under the NCP.
(2)
Derivation of health-based
				criteria.
For a regulated substance that poses a risk to humans the
				cleanup standards shall be calculated as required under Rules
				391-3-19-.07(6), (7), (8), (9) and
				(10) based on an excess lifetime cancer risk
				of 1X10-5 and a hazard quotient of 1.0 for
				non-carcinogens. For a regulated substance that poses a risk of both cancer and
				one or more adverse health effects other than cancer, the standards shall be
				derived for the most sensitive effect.
(a)
				The standards for groundwater shall be determined using Equation 1 (cancer
				effects) or Equation 2 (non-cancer risk effects) from RAGS, Part B for
				ingestion, as modified using RAGS, Part E for dermal contact, and RAGS, Part F
				for inhalation exposures.
(b) The
				standards for soil shall be determined using Equation 6 (cancer effects) or
				Equation 7 (non-cancer risk effects) from RAGS, Part B for ingestion, as
				modified using RAGS, Part E for dermal contact, and RAGS, Part F for inhalation
				exposures.
(c) For mutagenic
				carcinogens, the standards shall be derived using the age dependent adjustment
				factors in Table 3 of Appendix III.
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.08 - Property Notices

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Notices of private property
				instruments
. This Rule applies to the owner of any property that is
				included in a site which is listed on the Hazardous Site Inventory and which
				has been designated as needing corrective action pursuant to Rule
				391-3-19-.06(6).
				The requirements of this paragraph do not apply to the owner of any property at
				the site where the Director concurs with a demonstration that the property
				complies, independently of other properties at the site, with either Type 1 or
				Type 2 risk reduction standards.
(a) From and
				after the date any owner receives written notice from the Director under Rule
				391-3-19-.06(6)(d)
				that property of such owner that is listed on Hazardous Site Inventory has been
				designated as needing corrective action, the owner of any such property shall
				include the following notice in any warranty deed, mortgage, security deed,
				lease, rental agreement, or other instrument that is thereafter given or caused
				to be given by the property owner which creates an interest in or grants a use
				of the property:
"This property has been listed on the state's
				  hazardous site inventory and has been designated as needing corrective action
				  due to the presence of hazardous wastes, hazardous constituents, or hazardous
				  substances regulated under state law. Contact the property owner or the Georgia
				  Environmental Protection Division for further information concerning this
				  property. This notice is provided in compliance with the Georgia Hazardous Site
				  Response Act."
[Note: The term "instrument that is thereafter given or
				  caused to be given by the property owner which creates an interest in or grants
				  a use of the property" does not include options or contracts to purchase real
				  property.]
(b) Rule
				391-3-19-.08(1)(a)
				shall not apply after filing of the affidavit referred to in Rule
				391-3-19-.08(6).
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 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.09 - Funding to State and Local Governments from the Hazardous Waste Trust Fund

Current through Rules and Regulations filed through June 27,
				2024
(1)
Purpose
				and Scope.
This Rule applies to the use of the Hazardous Waste Trust
				Fund to finance the state and local share of costs associated with the
				investigation, remediation, post-closure care and maintenance of sites placed
				on the National Priorities List pursuant to the federal Comprehensive
				Environmental Response, Compensation and Liability Act of 1980, and on the
				Hazardous Site Inventory pursuant to the Hazardous Site Response Act. For the
				purposes of this Rule,
state
means any agency, board, bureau,
				commission or authority of the State of Georgia. For the purposes of this Rule,
local government
means any county or municipality or
				consolidated city-county government, any local solid waste management
				authority, or any regional solid waste management authority, or any regional
				solid waste management authority created pursuant to O.C.G.A. §
									12-8-53 of the Comprehensive
				Georgia Solid Waste Management Act.
(2)
Eligibility Requirements.
A
				state or local government may be eligible to receive financial assistance from
				the Hazardous Waste Trust Fund under this section for eligible costs described
				in Rule 391-3-19-.09(4)(a)
				provided that the state or local government meets all the following eligibility
				requirements:
(a) the site for which
				financial assistance is requested is a solid waste handling facility as defined
				by Rule 391-3-4-.01(67) of
				the Rules for Solid Waste Management and is listed on the National Priorities
				List or the Hazardous Site Inventory;
(b) the Director has notified the state or
				local government in writing that they are a responsible party for the
				site;
(c) the state or local
				government has entered into a contract with the Director which describes the
				financial assistance provided and the activities for which the monies shall be
				used;
(d) the state or local
				government has established and maintains an accounting system in accordance
				with the Governmental Accounting Standards Board (GASB);
(e) the state or local government has adopted
				an authorizing resolution; and
(f)
				the state or local government has submitted to the Director a completed
				application for financial assistance on forms as provided by the
				Director.
(g) the state or local
				government has submitted to the Director a written statement of the percentage
				of total costs associated with the actions described in Rule
				391-3-19-.09(4)(a)
				for which a state or local government is liable. Such statement shall also
				include a description of how such percentage was determined including the
				results of negotiations with any other responsible parties for the
				site.