Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-385 Criminal and civil penalties
1.8K chars
(a) Any person who engages in any action made unlawful by this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense. (b) As an alternative to criminal enforcement pursuant to subsection (a) of this Code sectio…
O.C.G.A. § 12-5-4 Programs for voluntary water conservation and enhancing water supply
4.8K chars
(a) As used in this Code section, the term ‘‘agency’’ or ‘‘agencies’’ means the Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Finance Authority, the Department of Community Affairs, the State Forestry Commission, the D…
O.C.G.A. § 12-5-400 Short title
0.1K chars
This part shall be known and may be cited as the ‘‘Chattahoochee River Basin Act.’’ History. — Ga. L. 1967, p. 805, § 1. 12-5-401. Purpose.
O.C.G.A. § 12-5-401 Purpose
0.7K chars
It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Chattahoochee River and its tributaries. By way of illustration and not of lim…
O.C.G.A. § 12-5-402 Powers and duties of department
2.3K chars
(a) In carrying out its purposes under this part, the department shall have the following powers: (1) To administer all funds available to the department under this part; (2) To accept any grant of funds made by the United States government or any agency thereof for the purpose o…
O.C.G.A. § 12-5-420 Short title
0.1K chars
This part shall be known and may be cited as the ‘‘Altamaha River Basin Act.’’ History. — Ga. L. 1970, p. 632, § 1. 12-5-421. Purpose.
O.C.G.A. § 12-5-421 Purpose
0.7K chars
It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Altamaha River Basin, its tributaries, and their basins. By way of illustratio…
O.C.G.A. § 12-5-422 Powers and duties of department
2.3K chars
(a) In carrying out its purposes under this part, the department shall have the following powers: (1) To administer all funds available to the department under this part; (2) To accept or decline any grant of funds made by the United States government or any agency thereof for th…
O.C.G.A. § 12-5-43 Administrative hearings
0.7K chars
(a) Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, or by any action or by any order or orders pursuant to authority delegated by the director, such person may request and obtain a hearing by filing a petition with 417 …
O.C.G.A. § 12-5-44 Judicial review
0.7K chars
(a) Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article. A preliminary, procedural, or intermediate action or ruling is immediately r…
O.C.G.A. § 12-5-440 Short title
0.2K chars
This part shall be known as and may be cited as the ‘‘Metropolitan River Protection Act.’’ History. — Ga. L. 1973, p. 128, § 1; Code 1981, § 12-5-440, enacted by Ga. L. 1982, p. 2107, § 4. 12-5-441. Definitions.
O.C.G.A. § 12-5-441 Definitions
4.4K chars
As used in this part, the term: (1) ‘‘Applicant’’ means any person who requests the issuance of a certificate under this part. (2) ‘‘Area’’ means a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, and as set forth…
O.C.G.A. § 12-5-442 Legislative findings and purposes
7.5K chars
(a) The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of the state; that development ad…
O.C.G.A. § 12-5-443 Conflict of laws
0.2K chars
Other laws not superseded by part provisions, §12-5-449. Construction of part. Uses to which part provisions inapplicable, §12-5-451. Declaration of public policy, §12-5-442. Definitions, §12-5-441.
O.C.G.A. § 12-5-444 CERTIORARI
0.3K chars
Stone Mountain park association. Jurisdiction of superior court of DeKalb county to review park convictions by certiorari, §12-3-194.1. CHATTAHOOCHEE-FLINT REGIONAL DEVELOPMENT CENTER. Metropolitan North Georgia water planning district. Cooperation by center with district, §12-5-…
O.C.G.A. § 12-5-447 Minimum standards for certificates and recommendations
0.8K chars
Every certificate issued by a governing authority and every recommendation of the commission, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significa…
O.C.G.A. § 12-5-448 Appeal
1.0K chars
Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which a…
O.C.G.A. § 12-5-449 Other laws not superseded by part
0.6K chars
The requirements of this part are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved. History. — Ga. L. 1973, p. 128, § 10; Code 1981, § 12-5-449, enacted by Ga. L. 1982, p. 2107, § 4. …
O.C.G.A. § 12-5-45 Judgment in accordance with division’s order
0.8K chars
The division may file in the superior court in the county in which the person under order resides, or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy…
O.C.G.A. § 12-5-451 Uses to which part inapplicable
5.6K chars
This part shall not apply to the following uses: (1) Any land or water use for agriculture or animal husbandry as defined in the ordinances adopted by the governing authority, provided that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the …
O.C.G.A. § 12-5-452 Motor vehicles
0.3K chars
Emission inspection and maintenance. Sale of vehicle, §12-9-54. 1282 INDEX FINES —Cont’d Oil and gas deep drilling, §12-4-48. Enforcement proceedings, §12-4-48. Oil or hazardous material spills or releases. Procedure for imposing civil penalties, §12-14-4. Palmetto berries.
O.C.G.A. § 12-5-453 Shore protection, §§12-5-242, 12-5-243
0.6K chars
Solid waste. Commercial waste. Enactment and enforcement of local ordinances, §12-15-24. ORE. Surface mining. Removal of ores as prima facie evidence of, §12-4-80. ORGANS. Conservation crimes. “Serious bodily injury” to include bodily organs, §12-5-53. Injury. Serious bodily inju…
O.C.G.A. § 12-5-454 Removal of sand from watercourse
7.8K chars
Notwithstanding any other provisions of this part to the contrary, nothing contained in this part shall be construed so as to prohibit any person, firm, or corporation from removing sand from any watercourse without restriction when such removal is accomplished in such a manner th…
O.C.G.A. § 12-5-455 Public policy, §12-5-442
0.1K chars
Purposes, §12-5-442. Rules and regulations. Revocation of permit issuing authority for failure to meet requirements, §12-5-453. Sand.
O.C.G.A. § 12-5-457 Appeals
1.0K chars
Adverse agency action, §12-5-448. Cease and desist orders. Appeal, §12-5-448. Violations of part. Provisions, §12-5-452. Certificate of compliance. Certificate defined, §12-5-441. Changes in use, §12-5-444. Information required of applicant, §12-5-444. Issuance by governing authorit…
O.C.G.A. § 12-5-46 Effect of article on rights of action
0.4K chars
Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor shall any provision of this article be construed to prevent any person, as a riparian owner or otherwise, from exercising his rights to suppress nu…
O.C.G.A. § 12-5-47 Emergency orders; hearing
0.5K chars
Whenever the division finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency, notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall co…
O.C.G.A. § 12-5-470 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Georgia Water Supply Act of 2008.’’ History. — Code 1981, § 12-5-470, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.
O.C.G.A. § 12-5-470.1 Environmental services
1.3K chars
Defined, §12-5-471. User agreements, §12-5-479. Fees. Services of division or department, §12-5-476.1. WATER SUPPLY —Cont’d Fees —Cont’d Waiver, §12-5-483. Fluoridation of public water systems, §12-5-175. Georgia state financing and investment commission. Use of services, §12-5-480…
O.C.G.A. § 12-5-471 Definitions
10.8K chars
As used in this article, the term: 613 12-5-471 CONSERVATION & NATURAL RES. 12-5-471 (1) ‘‘Authority’’ means the Georgia Environmental Finance Authority created by Code Section 50-23-3. (1.1) ‘‘County’’ means any county created under the Constitution or laws of this state. (1.2) …
O.C.G.A. § 12-5-472 Georgia water supply act of 2008
0.5K chars
Generally, §§12-5-470 to 12-5-484. Revitalization of central business districts, §12-3-56. Rivers. Metropolitan river protection act, §§12-5-440 to 12-5-457. Scrap tires. Restrictions on disposal, §12-8-40.1. MUNICIPAL CORPORATIONS —Cont’d Solid waste management and disposal. Gen…
O.C.G.A. § 12-5-473 Powers of Water Supply Division generally
6.3K chars
The division shall have the following powers: (1) To acquire real and personal property of every kind and character by purchase, gift, lease, or otherwise and to own, hold, improve, use, sell, convey, exchange, transfer, lease, sublease, and dispose of the same, or any interest t…
O.C.G.A. § 12-5-474 Standards and procedures, §12-5-472
0.9K chars
Terms and conditions for use of project, §12-5-474. Project site control advisory council. Establishment, §12-5-479. Project water users advisory council. Establishment, §12-5-479. Rentals, fees and other charges. Failure of local government to collect and remit, §12-5-482. 1376 …
O.C.G.A. § 12-5-475 Rules and regulations
1.5K chars
(a) It shall be the duty of the authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provis…
O.C.G.A. § 12-5-476.1 Fees for services
2.0K chars
(a) The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services v…
O.C.G.A. § 12-5-477 Contracts
0.5K chars
Acquisition, construction and maintenance of projects, §12-5-472. Projects with local governments for planning, construction, etc., §12-5-476. Public entities for services or use of facilities or equipment, §12-5-479. User agreement for environmental services, §12-5-479. Cutoff o…
O.C.G.A. § 12-5-478 Liberal construction
5.7K chars
This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. — Code 1981, § 12-5-478, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342. 12-5-479. Contracts with public entities f…
O.C.G.A. § 12-5-48 Injunctive relief
0.8K chars
Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the division may make application to the superior court of the county where such person resides, or …
O.C.G.A. § 12-5-481 Legislative findings
1.9K chars
It is found, determined, and declared that the carrying out of the purposes of the division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the division will be performing an essential governm…
O.C.G.A. § 12-5-482 STAYS
0.5K chars
Environmental protection division decisions. Order or action by director granting permit or variance. Filing of petition for hearing by person to whom order or action not directed, §12-2-2. STONE MOUNTAIN MEMORIAL ASSOCIATION, §§12-3-190 to 12-3-220. Access to Stone Mountain for …
O.C.G.A. § 12-5-483 Waiver of costs or fees
0.4K chars
Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section 50-23-6 or Article VII, Sect…
O.C.G.A. § 12-5-484 Legislative oversight committee; membership; responsibilities
0.9K chars
There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. Th…
O.C.G.A. § 12-5-5 GINSENG, §§12-6-150 to 12-6-157
0.5K chars
Citation of title, §12-6-150. Dealers. Ginseng dealer defined, §12-6-151. Registration, §12-6-154. Definitions, §12-6-151. Department of natural resources. Commissioner defined, §12-6-151. Determination of continuing necessity of article, §12-6-155. Registration forms and reporting …
O.C.G.A. § 12-5-500 Definitions
2.0K chars
As used in this article, the term: (1) ‘‘Damages’’ means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil. (2) ‘‘Discharge’’ means any emission, other than nat…
O.C.G.A. § 12-5-501 Permits
1.6K chars
Compliance disclosure history by applicant, §12-5-23. Discharge of dredged or fill material, §12-5-30. Metropolitan North Georgia water planning district. Waste-water plans. Change in permits upon approval of plan, §12-5-583. Watershed management plan. Change in permits upon appro…
O.C.G.A. § 12-5-51 Civil liability
2.3K chars
(a) Any person who intentionally or negligently causes or permits any sewage, industrial wastes, or other wastes, oil, scum, floating 421 12-5-51 CONSERVATION & NATURAL RES. 12-5-51 debris, or other substance or substances to be spilled, discharged, or deposited in the waters of t…
O.C.G.A. § 12-5-52 Civil penalty
1.5K chars
(a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, s…
O.C.G.A. § 12-5-520 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Comprehensive State-wide Water Management Planning Act.’’ 630 History. — Code 1981, § 12-5-520, enacted by Ga. L. 2004, p. 711, § 2.
O.C.G.A. § 12-5-521 Definitions
5.2K chars
As used in this article, the term: (1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Division’’ means the Environmental Protection Division of the Department of Natural Resources. (3) ‘‘Water Council’’ means…
O.C.G.A. § 12-5-522 Title of act, §12-5-520
0.1K chars
Water council. Members, §12-5-524. Powers and duties, §§12-5-523, 12-5-524. WATER POLLUTION, §§12-5-20 to 12-5-53. Abatement.