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Georgia Statutes, Title 12

Georgia/Statutes

← All Georgia coverage

Title 12

18 chapters · 1,092 sections in this title.

All chapters in Title 121,092 Ch 5, WATER RESOURCES286 Ch 3, PARKS, HISTORIC AREAS, MEMORIALS, AN…279 Ch 8, WASTE MANAGEMENT150 Ch 6, FOREST RESOURCES AND OTHER PLANT LIFE124 Ch 4, MINERAL RESOURCES AND CAVES50 Ch 9, PREVENTION AND CONTROL OF AIR POLLUTION44 Ch 7, CONTROL OF SOIL EROSION AND SEDIMENT…22 Ch 13, UNDERGROUND STORAGE TANKS22 Ch 12, ASBESTOS SAFETY21 Ch 10, INTERSTATE COMPACTS17 Ch 2, DEPARTMENT OF NATURAL RESOURCES16 Ch 15, SEWAGE HOLDING TANKS AND COMMERCIAL …13 Ch 16, ENVIRONMENTAL POLICY AND REGULATIONS13 Ch 6A, OUTDOOR STEWARDSHIP12

1,092 sections·Filtered byTitle 12✕

O.C.G.A. § 12-5-102 Emergency orders; restrictions; hearing; appeal; use by certain entities
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(a) After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division ﬁnds that such an emergency exists requiring immediate action to protect the publ…
O.C.G.A. § 12-5-103 Representation of department by Attorney General
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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
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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.
O.C.G.A. § 12-5-105 Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures
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Showing 401–450 of 1,092

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(a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is deﬁned by paragraph (5.1) of Code Section 12-5-92, shall be issued by the director to any person …

O.C.G.A. § 12-5-106 Civil penalties; procedure for imposing penalties; hearing; judicial review

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(a) Any person violating this part or intentionally or negligently failing or refusing to comply with any ﬁnal order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not …

O.C.G.A. § 12-5-107 Criminal penalty

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Any person violating any of the provisions of this part shall be guilty of a misdemeanor. History. — Ga. L. 1972, p. 976, § 8; Ga. L. 1982, p. 3, § 12. PART 3 WATER WELL STANDARDS

O.C.G.A. § 12-5-120 Short title

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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.

O.C.G.A. § 12-5-121 Legislative intent

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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

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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 Creation of council; membership; chairperson; meetings; majority vote; quorum; director as secretary; self-governance; reimbursement for expenses; Attorney General to provide legal services

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(a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following: (1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry. The member representing the publ…

O.C.G.A. § 12-5-124 Powers and duties of council generally

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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. § 12-5-125 License requirement; drilling under direction of professional geologist or engineer

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Except as provided in subsection (f ) of Code Section 12-5-127, no person shall drill a water well or geothermal borehole without ﬁrst having a water well contractor’s license issued by the council. No person, including licensed water well contractors, shall drill any kind of wel…

O.C.G.A. § 12-5-126 Director as administrative agent; administrative duties of division; orders, notices, and processes

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(a) The director or his designee shall act as the administrative agent for the council. (b) The division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the co…

O.C.G.A. § 12-5-127 Licensing of water well contractors generally; applications for trainee licenses; violation of Code section

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(a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed…

O.C.G.A. § 12-5-128 Contents of license; display

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(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 Suspension and revocation of licenses; hearings; reissuance of revoked licenses; injunction; cessation of well operation; seizure of equipment

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(a) The council may suspend or revoke a license upon a ﬁnding of one or more of the following grounds: (1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, inclu…

O.C.G.A. § 12-5-130 Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses

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All licenses expire biennially. All applications for renewal shall be ﬁled with the division prior to the expiration date, accompanied by a renewal fee not exceeding $400.00 per renewal period as prescribed by the division. A license which has expired for failure to renew may be …

O.C.G.A. § 12-5-131 Notifying contractors of changes in rules and regulations

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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. § 12-5-131.1 Licensing requirements for drilling well on own property; water well contractors completing electrical or plumbing work incidental to drilling and construction of well

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(a) Nothing in this part shall prohibit a person from drilling a well on his or her own property if such property is his or her primary residence. A person is prohibited from drilling a well or wells on property he or she owns and is developing for resale unless such person has a…

O.C.G.A. § 12-5-132 Effect of part

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(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

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(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

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(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

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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

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(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. § 12-5-136 Compliance with standards and licensing requirements; inspections; action by director if well not up to standard

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(a) All water well contractors or other persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a profession…

O.C.G.A. § 12-5-137 Forfeiture of contraband equipment

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All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required …

O.C.G.A. § 12-5-138 Council authorized to establish rules and regulations for pump installation; certiﬁcation requirements; civil penalties for violations

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(a)(1)(A) The council is authorized and directed to establish rules and regulations to provide for the certiﬁcation of pump contractors who install, service, and repair pumps on or in water wells regulated under the provisions of this part and to provide standards for installatio…

O.C.G.A. § 12-5-150 Conditions under which artesian wells must be tapped

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The owner of any real property in this state on which any free-ﬂowing artesian well is located or any person having immediate supervision over any real property in this state on which any free-ﬂowing artesian well is located shall have any such artesian well tapped or shall other…

O.C.G.A. § 12-5-151 Wells on government property

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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

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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 Penalty

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It shall be the duty of any person owning or having supervision of any real property affected by this part to comply with the requirements of this part by not later than January 1, 1970. Any such person failing to comply with such requirements by such date shall be guilty of a mi…

O.C.G.A. § 12-5-170 Short title

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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 Declaration of policy; legislative intent; Environmental Protection Division to administer part

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As a guide to the interpretation and application of this part, it is declared to be the policy of the State of Georgia that the drinking waters of the state shall be utilized prudently to the maximum beneﬁt of the people and that the quality of such waters shall be considered a m…

O.C.G.A. § 12-5-172 Deﬁnitions

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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. § 12-5-173 Designation of division as state agency to receive ﬁnancial aid from federal government and other sources

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The division shall be designated as the state agency to receive and administer ﬁnancial aid from the federal government or other public or nonproﬁt sources for purposes of water-supply quality control, administration of the state’s water-supply program, administration of any fede…

O.C.G.A. § 12-5-174 Powers and duties of Board of Natural Resources as to public water systems

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(a) In the performance of its duties, the Board of Natural Resources shall: (1) Establish by rule or regulation standards of quality for water that will be distributed in public water systems; (2) Establish by rule or regulation such policies, requirements, or standards governing…

O.C.G.A. § 12-5-175 Fluoridation of public water systems; state funds for cost of ﬂuoridation equipment, chemicals, and materials; tax deduction for ﬂuoride-removing devices

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(a) The Board of Natural Resources shall have the power to require, by regulation, ﬂuoridation of potable public water supplies in incorporated communities lying wholly within this state, provided that in no case should such ﬂuoridation be required at a level greater than one par…

O.C.G.A. § 12-5-176 Powers and duties of director as to public water systems generally

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(a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations and orders promulgated hereunder; (2) To encourage, participate in, or conduct stud…

O.C.G.A. § 12-5-177 Enforcement of rules and regulations; minimum requirements for and applicability of Georgia primary drinking water regulations; records and reports

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(a) The director shall enforce all rules and regulations promulgated and adopted pursuant to this part. (b) The Georgia primary drinking water regulations shall be no less stringent than the complete interim or revised national primary drinking water regulations adopted pursuant …

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 Duty of permit applicants and holders to supply information as required by director

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(a) Any applicant for a permit whose application is pending ﬁnal consideration shall upon request of the director provide such additional information as may be necessary to complete ﬁnal disposition of the application. (b) Any permit holder shall on request of the director furnis…

O.C.G.A. § 12-5-180.1 Allocating water and waste-water usage among tenants; charging tenants for usage; measuring water usage

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(a) Except as otherwise provided in subsections (c) and (d) of this Code section, the owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants an…

O.C.G.A. § 12-5-180.2 Fire sprinkler protection systems; limitation on fee for water service

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(a) The purpose of this Code section is to encourage the use of ﬁre sprinkler protection systems. (b) No county, municipal, or other public water system shall charge or assess a separate fee for water service for ﬁre sprinkler protection systems for more than the costs to provide…

O.C.G.A. § 12-5-181 Inspections and investigations by division

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The director or any agents or employees of the division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions, processes, methods of treatment, and records relating to the operation o…

O.C.G.A. § 12-5-182 Powers of director as to protection of public from contaminants presenting imminent and substantial danger

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The director, upon receipt of information that a contaminant is present in or is likely to enter a public water system and that such contaminant may present imminent and substantial danger to the public health, may take such authorized action as he may deem necessary in order to …

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 respect to a need for safe drinking water, he may take such actions as he may…

O.C.G.A. § 12-5-184 Notice of violations, variances, and exemptions involving public water systems

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Whenever a public water system: (1) Is not in compliance with the Georgia primary drinking water regulations, including, but not limited to, failure to comply with a maximum contaminant level; (2) Fails to perform monitoring required by regulations adopted pursuant to this part; …

O.C.G.A. § 12-5-185 Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director

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(a) Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such a…

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.