Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-174 Short title
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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
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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
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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
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Right of entry. Inspections and investigations, §12-5-181. Rules and regulations.
O.C.G.A. § 12-5-178 Variances and exemptions
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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…
O.C.G.A. § 12-5-2 Water Resources Center — Receipt of funds and grants
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The center is authorized to make application for and receive from the federal government such funds and grants as shall be made available under the Water Research and Development Act of 1978, 42 U.S.C. Section 7801, et seq., and to utilize and disburse such funds for such purpose…
O.C.G.A. § 12-5-20 Short title
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This article shall be known and may be cited as the ‘‘Georgia Water Quality Control Act.’’ History. — Ga. L. 1964, p. 416, § 1; Ga. L. 1996, p. 6, § 12.
O.C.G.A. § 12-5-200 Legislative findings
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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 …
O.C.G.A. § 12-5-201 Definitions
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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…
O.C.G.A. § 12-5-202 District-wide emergency plan
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(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 …
O.C.G.A. § 12-5-203 Requirements, §12-5-202
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Review of progress of plan, §12-5-202. Submission, §12-5-204. Technical panel, §12-5-203. Updating, §12-5-204. Extensions of time. Plan preparation, §12-5-574. Finance committee. Creation, §12-5-580. Findings of legislature, §12-5-571. Funding. Sources of funding, §12-5-577. Goal…
O.C.G.A. § 12-5-204 Editor’s notes
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— Ga. L. 2010, p. 204, § 1/SB 380, not codified by the General Assembly, provides: ‘‘Section 2 of this Act shall be known and may be cited as the ‘Water System Interconnection, Redundancy, and Reliability Act.’ ’’ Section 2 added a new Part 6 to T. 12, C. 5, A. 3. 50-23-28.2. Part…
O.C.G.A. § 12-5-21 Declaration of policy; legislative intent
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(a) The people of the State of Georgia are dependent upon the rivers, streams, lakes, and subsurface waters of the state for public and private water supply and for agricultural, industrial, and recreational uses. It is therefore declared to be the policy of the State of Georgia …
O.C.G.A. § 12-5-212 Annual report
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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…
O.C.G.A. § 12-5-213 Liberal construction of part
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This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1967, p. 12, § 11. PART 2 SHORE PROTECTION Editor’s notes. — Ga. L. 1992, p. 1362, § 1, effective July 1, 1992, repealed the Code secti…
O.C.G.A. § 12-5-22 Definitions
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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) ‘‘Effluent limitation’’…
O.C.G.A. § 12-5-23 Confidentiality of information
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Right of entry for purposes of investigation and inspection. Protection of confidential information, §12-5-26. Conflict of laws. Intent of article provisions as to conflicts with federal laws, §12-5-50. Remedial action to avoid conflicts of law and loss of eligibility, §12-5-50. Cons…
O.C.G.A. § 12-5-23.1 LAKE SEMINOLE
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Protected fresh waters defined. Sewage disposal, §12-5-29. LAKE SINCLAIR. Buffer along banks of state waters. Exception to establishment. Construction of bulkheads and sea walls to prevent erosion, §12-7-6. LAND CONSERVATION.
O.C.G.A. § 12-5-23.2 Water pollution
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Cleaning agents containing phosphorus. Defined, §12-5-27.1. PH WATER QUALITY STANDARDS FOR LAKES, §12-5-23.1. PICNICKING. Authority to prohibit, §12-6-89. PIERS. Permit requirements, §12-5-239. PILINGS. Placement on state owned land, §§12-5-287, 12-5-295. PETROLEUM. Oil and gas de…
O.C.G.A. § 12-5-23.3 Privatization of waste-water treatment facilities
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(a) For purposes of this Code section only, the term: (1) ‘‘LAS permit’’ means Land Application System permit. (2) ‘‘NPDES permit’’ means National Pollutant Discharge Elimination System permit. (3) ‘‘Waste-water treatment facilities’’ means all publicly owned facilities with aver…
O.C.G.A. § 12-5-230 Short title
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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.
O.C.G.A. § 12-5-231 Legislative findings and declarations
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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…
O.C.G.A. § 12-5-232 Definitions
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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…
O.C.G.A. § 12-5-233 Area of operation of part
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The area of operation of this part shall be: 517 12-5-233 CONSERVATION & NATURAL RES. 12-5-234 (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 si…
O.C.G.A. § 12-5-234 Powers and duties of department
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(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…
O.C.G.A. § 12-5-235 Shore Protection Committee
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(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…
O.C.G.A. § 12-5-236 Rules and regulations
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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. 520 12-5-237
O.C.G.A. § 12-5-237 Permit required; exceptions
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(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…
O.C.G.A. § 12-5-238 Form and contents of application for permit
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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…
O.C.G.A. § 12-5-239 JET TURBINE FUEL
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Petroleum products. Defined as including, §12-13-3. JOGGING. Scenic trails. Types of trails. Activities used for, §12-3-114. JOINTS. Casing and liner pipe joints. Standards for wells and boreholes, §12-5-134. JUDGES.
O.C.G.A. § 12-5-240 Posting of permit
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A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems 529 12-5-240 CONSERVATION & NATURAL RES. 12-5-243 it advisable, the applicant may be required to cause a sign to be erected bearing the permit…
O.C.G.A. § 12-5-241 Local shore assistance programs
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Reserved. Repealed by Ga. L. 2015, p. 385, § 2-3/HB 252, effective July 1, 2015. Editor’s notes. — This Code section was based on Code 1981, § 12-5-241, enacted by Ga. L. 1992, p. 1362, § 1.
O.C.G.A. § 12-5-242 Technical assistance to local governments; model ordinance
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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…
O.C.G.A. § 12-5-243 Model ordinance
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Local shore assistance programs, §12-5-242. Technical assistance to local governments, §12-5-242. Permits. Application. Agency action, §12-5-239. Contents, §12-5-238. Form, §12-5-238. Information required, §12-5-238. Notice of proposed activity, §12-5-239. Exceptions to permit re…
O.C.G.A. § 12-5-244 Administrative and judicial review
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(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…