Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-1 General provisions, §§12-5-1 to 12-5-3
0.1K chars
GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT. General provisions, §§12-9-40 to 12-9-57. Short title, §12-9-40.
O.C.G.A. § 12-5-100 Judgment in accordance with director’s order
0.8K chars
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 if the person is a nonresident of this state, in the superior co…
O.C.G.A. § 12-5-101 Injunctive relief
0.8K chars
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 any violation of this part, the director may make application to the superior court of the county where such person resides, or i…
O.C.G.A. § 12-5-102 Citation of title, §12-5-90
1.2K chars
Comprehensive state-wide water management planning, §§12-5-520 to 12-5-525. Confidentiality of information. Right of entry. Protection of confidential information, §12-5-98. Conflict of laws. Effect of part provisions on other laws, §12-5-104. Conservation plans to accompany permit …
O.C.G.A. § 12-5-103 Representation of department by Attorney General
0.2K chars
It shall be the duty of the Attorney General to represent the department and its agents or designate some member of his staff to represent them in all actions in connection with this part. History. — Ga. L. 1973, p. 1273, § 25.
O.C.G.A. § 12-5-104 Effect of part on other laws
14.2K chars
Nothing contained in this part shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this state. History. — Ga. L. 1972, p. 976, § 12. 443 12-5-105 CONSERVATION & NATURAL RES. 12-5-105 12-5-105. Regulated reasonable use …
O.C.G.A. § 12-5-105 Code Commission notes
3.3K chars
— Pursuant to Code Section 28-9-5, in 1988, ‘‘the’’ was deleted preceding ‘‘July 1, 1988’’ in two places in the second sentence of paragraph (a)(3) (now (b)(3)), ‘‘operation’’ was substituted for ‘‘operations’’ at the end of the first sentence of paragraph (b)(3) (now (a)(3)), and…
O.C.G.A. § 12-5-106 Permits
0.2K chars
Adverse agency action, §12-5-96. Agricultural purposes, §12-5-105. Conservation plans to accompany, §12-5-96. Continued withdrawal, etc., of ground water pending decision on permit, §12-5-97. Disciplinary actions, §12-5-96.
O.C.G.A. § 12-5-107 Injunctive relief
1.7K chars
Emergency orders; restrictions; hearing; appeal; use by certain entities. Representation of department by Attorney General. Effect of part on other laws. Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures. …
O.C.G.A. § 12-5-120 Short title
0.2K chars
This part shall be known and may be cited as the ‘‘Water Well Standards Act of 1985.’’ History. — Ga. L. 1976, p. 974, § 1; Ga. L. 1985, p. 1192, § 1. 450 12-5-122 12-5-121. Legislative intent.
O.C.G.A. § 12-5-121 Legislative intent
0.3K chars
It is the intent of the General Assembly to provide in this part for the application of standards for the siting, construction, operation, maintenance, and abandonment of wells and boreholes so as to protect the public health and the water resources of this state. History. — Ga. …
O.C.G.A. § 12-5-122 Definitions
9.2K chars
As used in this part, the term: (1) ‘‘Abandoned well’’ means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining ground water or for other useful purposes is impracticable, or from which gr…
O.C.G.A. § 12-5-123 Carbon sequestration registry
0.5K chars
Reporting to governor. Contests of report, §12-6-231. GOVERNOR —Cont’d Environmental advisory council. Appointment, §12-2-2. Forest fires. Extreme forest fire emergency. Authority of governor, §12-6-89. Southeastern interstate forest fire protection compact. Advisory committee. Appo…
O.C.G.A. § 12-5-124 Powers and duties of council generally
1.7K chars
In carrying out this part, the council shall have the following powers and duties: (1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council and to carry ou…
O.C.G.A. § 12-5-128 Contents of license; display
0.8K chars
(a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council chairman and the chief administrati…
O.C.G.A. § 12-5-129 Renewal, §12-5-130
1.0K chars
Replacement of lost, destroyed or mutilated licenses, §12-5-130. Trainee licenses. Applications, §12-5-127. Unlicensed operation, §12-5-133. Water well contractors generally, §12-5-127. Electrical or plumbing work incidental to well work. Electrician or plumbing licensing not req…
O.C.G.A. § 12-5-131 Notifying contractors of changes in rules and regulations
0.5K chars
The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date o…
O.C.G.A. § 12-5-132 Effect of part
0.3K chars
(a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title. (b) Nothing in this part shall affect the regulation of ground-water use by the division pursuant to Part 2 of this article. History. — Ga. L. 1977, p.…
O.C.G.A. § 12-5-133 Penalty; evidence of violation of part
1.4K chars
(a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise viola…
O.C.G.A. § 12-5-133.1 Civil penalties; hearing
2.4K chars
(a) In addition to the provisions of Code Section 12-5-133, any person violating any provision of this part or the rules or regulations effective under this part shall be liable for a civil penalty not to exceed $5,000.00 per day. Each day during which the violation or failure or…
O.C.G.A. § 12-5-134 Standards for wells and boreholes
17.5K chars
The following standards shall apply to all wells and boreholes: (1) In the case of individual and nonpublic water wells: (A)(i) The well should be located as far removed, and in a direction opposite to the ground-water flow, from known or potential sources of pollutants as the gen…
O.C.G.A. § 12-5-135 Requirement of bond or letter of credit
3.9K chars
(a) A performance bond or letter of credit shall be provided to the director by any water well contractor or driller for the conduct of drilling operations to ensure compliance with the procedures and standards contained in this part. (b) The bond or letter of credit required in …
O.C.G.A. § 12-5-137 CONTRACTORS
1.5K chars
Sewage holding tanks. Responsibility for ensuring compliance with chapter, §12-15-6. Water wells. Bond or letter of credit, §12-5-135. Fines, §12-5-133.1. Licenses, §12-5-127. Contents of license, §12-5-128. Display of license, §12-5-128. Electrical or plumbing work incidental to…
O.C.G.A. § 12-5-138 WETLANDS
0.8K chars
Natural resources, department of. Minimum standards and procedures for protection. Promulgation, §12-2-8. Outdoor stewardship act, §§12-6A-1 to 12-6A-12. Water pollution permits, §12-5-30. 1378 INDEX WETLANDS —Cont’d Water supply projects, §12-5-472. WILDLIFE —Cont’d Nongame wild…
O.C.G.A. § 12-5-151 Wells on government property
0.6K chars
In the event the State of Georgia or any agency thereof or any political subdivision of this state owns any real property affected by the provisions of Code Section 12-5-150, it shall be the duty of the person or persons having immediate supervision of such real property to compl…
O.C.G.A. § 12-5-152 Applicability of part
0.2K chars
This part shall not apply to any free-flowing artesian well which is in constant use for the purpose of watering and cooling livestock or for the purpose of supplying water to any public swimming pool. History. — Ga. L. 1969, p. 669, § 4.
O.C.G.A. § 12-5-153 Asbestos
1.6K chars
Compliance with chapter, §12-12-11. Cave protection. Breaking or tampering with gates, doors, etc., §12-4-143. CRIMINAL LAW AND PROCEDURE —Cont’d Cave protection —Cont’d Controlling or preventing access to caves, §12-4-143. Defacing or disturbing caves, etc., §12-4-143. Dumping o…
O.C.G.A. § 12-5-170 Short title
0.1K chars
This part shall be known and may be cited as the ‘‘Georgia Safe Drinking Water Act of 1977.’’ History. — Ga. L. 1977, p. 351, § 2.
O.C.G.A. § 12-5-171 Definitions, §12-5-172
0.4K chars
Economic allocation methodology. Charging tenants or units individually for water usage in multiunit buildings, §12-5-180.1. 1272 INDEX DRINKING WATER —Cont’d Efficiency and effectiveness of water use. Minimum standards and best practices for improving. Adoption by division, §12-…
O.C.G.A. § 12-5-172 Definitions
4.3K chars
As used in this part, the term: (1) ‘‘Administrator’’ means the administrator of the U.S. Environmental Protection Agency. (2) ‘‘Contaminant’’ means any physical, chemical, biological, or radiological substance or matter in water. (3) ‘‘Cross-connection’’ means any physical arran…
O.C.G.A. § 12-5-174 Short title
0.7K chars
Declaration of policy; legislative intent; Environmental Protection Division to administer part. Definitions. Designation of division as state agency to receive financial aid from federal government and other sources. Powers and duties of Board of Natural Resources as to public wat…
O.C.G.A. § 12-5-175 Drought
1.1K chars
Outdoor watering restrictions, §12-5-7. Fluoridation of public water systems. Compliance not required unless state provides funding, §12-5-175. 1324 INDEX MUNICIPAL CORPORATIONS —Cont’d Fluoridation of public water systems —Cont’d Removal from terms of section by referendum calle…
O.C.G.A. § 12-5-176 Federal aid
0.5K chars
Environmental protection division. Designation as state agency for receipt of federal aid, §12-5-173. Fire sprinkler protection systems, water service for. Fee limitations, §12-5-180.2. Fluoridation of public water systems, §12-5-175. Fluoride-removing devices. Tax deduction for …
O.C.G.A. § 12-5-177 Reporting requirements, §12-5-177
0.1K chars
Right of entry. Inspections and investigations, §12-5-181. Rules and regulations.
O.C.G.A. § 12-5-178 Variances and exemptions
0.4K chars
The director may authorize variances or exemptions from the regulations promulgated pursuant to this part under such conditions and in such manner as he deems necessary and desirable; provided, however, that such variances or exemptions shall not be permitted under conditions whi…
O.C.G.A. § 12-5-179 Permits for operation of public water systems; performance bonds
9.9K chars
(a) It shall be unlawful for any person to own or operate a public water system, except in such a manner as to conform and comply with all rules, regulations, orders, and permits established under this part and applicable to the waters involved. (b) Except as to those owners or o…
O.C.G.A. § 12-5-180.1 Economic allocation methodology
0.2K chars
Reimbursement for water usage by units, §12-5-180.1. Notification requirements. Manner of giving notice of violations, variances, exemptions, etc., §12-5-184. Order by director.
O.C.G.A. § 12-5-180.2 Fire sprinkler protection systems; limitation on fee for water service
0.5K chars
12-5-181. Inspections and investigations by division. 12-5-182. Powers of director as to protection of public from contaminants presenting imminent and substantial danger. 12-5-183. Plan for emergency provision of water. 12-5-184. Notice of violations, variances, and exemptions i…
O.C.G.A. § 12-5-181 Rules and regulations
0.6K chars
Enforcement, §12-5-177. Rulemaking authority, §12-5-174. Variances and exemptions, §12-5-178. Manner of giving notice of violations, variances, exemptions, etc., §12-5-184. Short title, §12-5-170. Taxation. Fluoridation of public water systems. Tax deduction for fluoride-removing …
O.C.G.A. § 12-5-183 Plan for emergency provision of water
2.6K chars
The director shall develop an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the director, emergency circumstances exist in the state with 498 12-5-184 respect to a need for safe drinking water, he may take such acti…
O.C.G.A. § 12-5-184 Order by director
0.5K chars
Emergency orders, §12-5-187. Failure of conference, conciliation, etc., §12-5-185. Filing certified copy of final order, §12-5-189. Judgment in accordance with director’s order, §12-5-189. Penalties. Civil penalties, §12-5-192. Criminal penalty, §12-5-193. Permits. Disciplinary act…
O.C.G.A. § 12-5-185 Issuance generally, §12-5-179
0.5K chars
Metropolitan North Georgia water planning district. Waste-water plans. Change in permits upon approval of plan, §12-5-583. 1273 INDEX DRINKING WATER —Cont’d Permits —Cont’d Metropolitan North Georgia water planning district —Cont’d Watershed management plan. Change in permits upo…
O.C.G.A. § 12-5-186 Hearings; judicial review
0.3K chars
Hearings on contested matters and judicial review of final orders, permits, or other enforcement actions under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. History. — Ga. L. 1977, p. 351, § 16. 12-5-187. Emergency orders; hear…
O.C.G.A. § 12-5-187 Emergency orders; hearing; review
1.0K chars
Whenever the director finds that an emergency exists requiring immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the eme…
O.C.G.A. § 12-5-188 Injunctive relief
0.8K chars
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…
O.C.G.A. § 12-5-189 Judgment in accordance with director’s order
0.8K chars
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…
O.C.G.A. § 12-5-190 Legal assistance by Attorney General
0.3K chars
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. 502 12-5-192 History. — Ga. L. 1977, p. 351, § 18.
O.C.G.A. § 12-5-191 Prohibited acts
0.9K chars
(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…
O.C.G.A. § 12-5-192 Injunctions
0.7K chars
Prohibited acts, §12-5-188. DRINKING WATER —Cont’d Injunctions —Cont’d Protection of public from contaminants presenting imminent and substantial danger, §12-5-182. Inspections. Right of entry, §12-5-181. Investigations. Right of entry, §12-5-181. Legal assistance, §12-5-190. Leg…
O.C.G.A. § 12-5-193 Rivers and river basins
0.9K chars
Dam safety, §§12-5-370 to 12-5-385. Development of Altamaha river basin, §§12-5-420 to 12-5-422. 1248 INDEX CONSERVATION AND NATURAL RESOURCES —Cont’d Water resources —Cont’d Rivers and river basins —Cont’d Development of Chattahoochee river basin, §§12-5-400 to 12-5-402. General…