Title 12

Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this part, he may make application to the superior court of the county in which the unlawful act or practi…

The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdi…

It shall be the duty of the Attorney General to represent the director or the Board of Natural Resources or designate some member of his staff to represent either or both in all actions in connection with this part. History. — Ga. L. 1977, p. 351, § 18.

(a) Subject to subsection (b) of Code Section 12-5-179 it shall be unlawful for any person to own or operate a public water system without first having secured a permit for such operation from the director. (b) It shall be unlawful for an owner or operator of a public water system…

(a)(1) For any public water system serving 10,000 or more individuals, any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally failing or refusing to comply with any final order of the …

The General Assembly finds that: (1) Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and (2) It is in the best interests of the State of Georgia for public water systems in the Metropolitan …

As used in this part, the term: (1) ‘‘Authority’’ means the Georgia Environmental Finance Authority created by Code Section 50-23-3. (2) ‘‘District’’ means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572. (3) ‘‘Emergency plan’’ means the wr…

(a) Subject to authorization as provided in subsection (c) of Code Section 12-5-203, not later than September 1, 2010, the authority shall issue a request for proposal for a thorough and detailed engineering study developing a district-wide emergency plan covering every qualified …

(a) There shall be a technical panel as provided in this subsection. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member of the technical panel, each of whom shall be the director of a public water system locate…

(a) The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Managem…

The department may, whenever directed so to do by the Governor, prospect for underground water supplies at such places in the state as the Governor may direct. In so doing, the department may drill wells, make borings and soundings, and do and perform such other acts as may be ne…

The department shall keep full records of all its findings, including full information as to geological formations encountered in drilling operations, and shall, in addition to keeping such records, file copies of the same with the Secretary of State. The department may also file co…

If the department, in carrying out Code Section 12-5-70, shall encounter water in sufficient quantities to be useful to any municipality or county in furnishing water to its inhabitants, the department may contract with such municipality for the use of such water, and, in so doin…

The department may use, for the purposes authorized by Code Sections 12-5-70 through 12-5-72, such funds as may be from time to time appropriated or allocated therefor. History. — Ga. L. 1953, Jan.-Feb. Sess., p. 5, § 3. PART 2 GROUND-WATER USE GENERALLY

This part shall be known and may be cited as the ‘‘Ground-water Use Act of 1972.’’ History. — Ga. L. 1972, p. 976, § 1.

Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005). Consideration of alternative water source. — Administrative law judge who reviewed the Georgia environmental department’s denial of a city’s application for an additional groundwater withdrawal permit properly considered whether the…

As used in this part, the term: (1) ‘‘Aquifer’’ means a geologic formation, group of such formations, or a part of such a formation that is water-bearing. (2) ‘‘Area of the state’’ means any municipality or county or portion thereof or other substantial geographical area of the s…

The director is authorized to employ, on a full-time or part-time basis, such professional personnel and clerical or other employees as may be necessary to discharge the additional duties delegated to the division by this part. History. — Ga. L. 1972, p. 976, § 14.

The Board of Natural Resources may adopt and modify from time to time rules and regulations to implement this part. History. — Ga. L. 1972, p. 976, § 11.

(a) The Board of Natural Resources shall prepare proposed regulations to be applied, containing such of the following provisions as the board finds appropriate concerning the use of ground waters: (1) Provisions requiring water users within the area to submit reports not more freq…

(a)(1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the division. (2) Any person applying for a permit or a permit modification under this part which indi…

(a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, permits under Code Section 12-5-96 may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may…

(a) The division shall have the right to conduct such investigations as may reasonably be necessary to carry out its duties prescribed in this part and for this purpose to enter at reasonable times any property, public or private, for the purpose of investigating the condition, w…

(a) Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation of the Board of Natural Resources adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference,…

(a) The department shall study and develop plans, proposals, reports, and recommendations for the development and utilization of the coastal and offshore lands, waters, and resources of this state. (b) The department may delegate to its officers, agents, and employees such powers…

The department shall have the power: (1) To receive, for the purposes expressed in this part, funds, facilities, land, or other support, in any form, such as grants, allocations, gifts, exchanges, or rentals, from local, state, and federal governments; from nonprofit organizations…

The department shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this part. The department shall not be required to distribute copies of the annual report to the members of the General Assembly…

This part shall be known and may be cited as the ‘‘Shore Protection Act.’’ History. — Code 1981, § 12-5-230, enacted by Ga. L. 1992, p. 1362, § 1.

The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects o…

As used in this part, the term: (1) ‘‘Applicant’’ means any person who files an application for a permit under this part. (2) ‘‘Bare sand surface’’ means an area of nearly level unconsolidated sand landward of the ordinary high-water mark which does not contain sufficient indigeno…

The area of operation of this part shall be: (1) The dynamic dune fields on the barrier islands of this state as determined by reference to Code Section 12-5-232. Such determination shall be made by the committee on the basis of site inspection and evaluation of other pertinent in…

(a) The department shall have the following authority: (1) To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part; (2) To accept moneys from persons, government units, and private organizations; (3) To conduct public hearings and t…

(a) There is created the Shore Protection Committee within the department. The committee shall be composed of five members, including the commissioner of natural resources and four people selected by the board. Each of three persons selected by the board shall be a resident of Cam…

The board shall have the power to promulgate rules and regulations for the implementation and enforcement of this part consistent with the purpose of this part. History. — Code 1981, § 12-5-236, enacted by Ga. L. 1992, p. 1362, § 1.

(a) No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accord…

All applications for permits required by this part must be on forms prescribed by the committee, must be properly executed, and must include the following: (1) The name and address of the applicant; (2) A brief description of the proposed project; (3) Construction documents showi…

(a) The committee shall take action on each permit application within 90 days after the application is completed; provided, however, that this provision may be waived upon the written request of the applicant. An application is complete when it contains substantially all of the w…

A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and …

The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordinance which may be used by such local units of go…

Nothing in this part shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this part. History. — Code 1981, § 12-5-243, enacted by Ga. L. 1992, p. 1362…

(a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The he…

Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, …

The superior court of the county in which the land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of any person. History. — Code 1981, § 12-5-246, enacted by Ga. L. 1992, p. 13…

(a) If the department determines that any person is violating any provision of this part or any rule or regulation adopted pursuant to this part or the terms and conditions of any permit issued under this part, the department may employ any combination of the following: (1) The d…

(a) It shall be unlawful for any person to: (1) Operate any motorized vehicle or other motorized machine on, over, or across sand dunes or beaches except as authorized by the department or committee, except that individual disability vehicles, emergency vehicles, and governmental…

This part shall be known and may be cited as the ‘‘Coastal Marshlands Protection Act of 1970.’’ History. — Ga. L. 1970, p. 939, § 1; Ga. L. 1992, p. 2294, § 1.