Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-472 Georgia water supply act of 2008
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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
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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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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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
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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) ‘‘Water Council’’ means…
O.C.G.A. § 12-5-522 Title of act, §12-5-520
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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.
O.C.G.A. § 12-5-523 Effective date of plan, §12-5-525
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Effect of non-approval by general assembly, §12-5-525. Factor for consideration, §12-5-522. Intergovernmental cooperation, §12-5-523. Public participation, §12-5-523.
O.C.G.A. § 12-5-524 Water Council created; obligations of council
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(a) There shall be a Water Council composed of one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; one member appointed …
O.C.G.A. § 12-5-525 Short title
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Definitions. Policy statement for comprehensive state-wide water management plan; guiding principles; requirements of plan; regional plans; compliance with plans. Cooperation with Water Council; involvement of stakeholders; initial draft plan. Water Council created; obligations of…
O.C.G.A. § 12-5-53 Criminal penalty
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(a) Any person who violates any provision of this article or any permit condition or limitation established pursuant to this article or who fails, neglects, or refuses to comply with any final order of a court 423 12-5-53 CONSERVATION & NATURAL RES. 12-5-53 lawfully issued as prov…
O.C.G.A. § 12-5-540 Short title
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This article shall be known and may be cited as the ‘‘Flint River Drought Protection Act.’’ History. — Code 1981, § 12-5-540, enacted by Ga. L. 2000, p. 458, § 1.
O.C.G.A. § 12-5-541 Legislative intent
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(a) The General Assembly declares its intent and the public policy of this state that the state plans, regulates, and controls the withdrawal and the use of the waters of the state under the laws of Georgia to protect the public health, safety, and welfare; and the granting of an…
O.C.G.A. § 12-5-542 Definitions
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As used in this article, except where otherwise specifically provided, the term: (1) ‘‘Acceptable Flint River basin stream flows’’ means the quantity of stream flows at one or more specific locations on the Flint River or its tributaries which provides for aquatic life protection and…
O.C.G.A. § 12-5-543 Short title
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Legislative intent. Definitions. Establishment of drought abatement program; rules and regulations. 12-5-544. Powers of director.
O.C.G.A. § 12-5-544 Powers of director
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In the performance of his or her duties, the director shall have and may exercise the power to: (1) Exercise general supervision over the enforcement of this article and all rules, regulations, and orders promulgated pursuant to this article; (2) Establish acceptable Flint River …
O.C.G.A. § 12-5-545 Administration of fund
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The authority shall administer the drought protection funds provided to it for purposes of this article and shall make expenditures from said funds in accordance with and at the direction of the director pursuant to Code Sections 12-5-546 and 12-5-547. With the prior consent and …
O.C.G.A. § 12-5-546 Defined, §12-5-542
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1283 INDEX FLINT RIVER DROUGHT PROTECTION ACT —Cont’d Compensation to permittees. Agreement not to irrigate, §12-5-546. Orders not to irrigate, §12-5-547. Conciliation or persuasion. Obtaining compliance believing violation has occurred, §12-5-549. Contested matters. Hearings, pr…
O.C.G.A. § 12-5-546.1 Irrigation reduction auction
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Defined, §12-5-542. Prediction of severe drought conditions, §12-5-546. Judgment on final order of director. Place of filing by director, court rendering, effect, §12-5-549. Judicial review of final orders, procedure, §12-5-549. Measuring agricultural uses, duties of department and c…
O.C.G.A. § 12-5-546.2 Notification in advance of any state funded augmentation projects
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(a) As used in this Code section, ‘‘permittee’’ means any person holding a valid permit issued pursuant to Code Section 12-5-31 which provides for the withdrawal of surface water from within the affected areas. (b) The director shall notify specified permittees downstream of any s…
O.C.G.A. § 12-5-547 Such penalties shall be assessed on a per violation basis
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A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order. (b) Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordan…
O.C.G.A. § 12-5-548 Forest fires
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State forestry commission. Entry upon land for fire prevention purposes, etc., §12-6-84. Ground water. Investigations, §12-5-98. 1348 INDEX RIVERS —Cont’d Chattahoochee river basin act —Cont’d Short title, §12-5-400. Corridor protection, §12-2-8. Dams safety. Generally, §§12-5-370…
O.C.G.A. § 12-5-549 Compliance; violations
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(a) Except as may otherwise be provided in this article, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith b…
O.C.G.A. § 12-5-550 Title of act, §12-5-540
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Voluntary retirement of unused farm permits, §12-5-546.1. FLOODS. Metropolitan river protection act. General provisions, §§12-5-440 to 12-5-457. FLOWERS.
O.C.G.A. § 12-5-570 Short title
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This article shall be known and may be cited as the ‘‘Metropolitan North Georgia Water Planning District Act.’’ History. — Code 1981, § 12-5-570, enacted by Ga. L. 2001, p. 115, § 1.
O.C.G.A. § 12-5-571 Legislative intent
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(a) The General Assembly recognizes the value of the metropolitan North Georgia area watersheds for water supply, recreation, habitat for fish and wildlife, economic prosperity, and quality of life. The General Assembly finds that adequate supplies of clean water for drinking and o…
O.C.G.A. § 12-5-572 Creation; purpose
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(a) There is created the Metropolitan North Georgia Water Planning District. (b) The general purposes of the district shall be to establish policy, create plans, and promote intergovernmental coordination for all water issues in the district; to facilitate multijurisdictional wat…
O.C.G.A. § 12-5-573 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Metropolitan North Georgia Water Planning District Governing Board created under Code Section 12-5-575. (2) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. …
O.C.G.A. § 12-5-575 Board created; appointments; vacancies; terms
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(a) There is established for the management of the business and affairs of the district a Metropolitan North Georgia Water Planning District Governing Board to consist of: 653 12-5-575 CONSERVATION & NATURAL RES. 12-5-575 (1) The chairperson of the county commission or the chief …
O.C.G.A. § 12-5-576 Open meetings; quorum; voting; executive sessions
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(a) The board shall meet at least three times per year at a time and place set forth in the minutes of the district and at such other times as the chairperson may direct. All such meetings shall be open to the public. (b) A majority of the members to which the board is entitled s…
O.C.G.A. § 12-5-579 CHEMOTHERAPY WASTE
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Biomedical waste defined, §12-8-22. CHILDREN. Georgia youth conservation corps act, §§12-11-1 to 12-11-11. Youth conservation corps, §§12-11-1 to 12-11-11. CHILD SUPPORT. Forestry licenses, revocation for failure to pay, §12-6-49.1. Licenses for driving motor vehicle, engaging in …
O.C.G.A. § 12-5-580 Coordinating committees; finance committees
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(a) The board shall create one or more technical coordinating committees comprised primarily of water and waste-water officials from counties, cities, and authorities in the district. Such committees shall provide additional support to the board and staff for specific areas and is…
O.C.G.A. § 12-5-581 Advisory councils
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(a) The board shall create separate advisory councils for the Chattahoochee, Etowah, Flint, Oconee, and Ocmulgee river basins and the Lake Lanier Basin. The Etowah River Basin Advisory Council shall include the Lake Allatoona Preservation Authority as a member. The Lake Lanier Ba…
O.C.G.A. § 12-5-582 Waste-water plans
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Change in permits upon approval of plan, §12-5-583. 1319 INDEX METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT —Cont’d Ground water —Cont’d Permits —Cont’d Water supply and water conservation plans. Effect on permits of approval of plan, §12-5-584. Interbasin transfer of water…
O.C.G.A. § 12-5-583 WASTEWATER SERVICE
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Tenants or units in multiunit buildings. Allocation of usage, charging for usage, measuring usage, §12-5-180.1. WATER AND WASTEWATER TREATMENT PLANTS. Privatization requirements, §12-5-23.3. WATER COUNCIL.
O.C.G.A. § 12-5-585 Education and public awareness
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Any district plan required to include an element of education and public awareness shall describe those measures to be taken by the district and recommendations for measures to be taken by other state agencies or local governments, by public education institutions, or by 666 12-5…
O.C.G.A. § 12-5-586 Annual report detailing activities and progress
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The district shall submit a written report not later than December 31 of each year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Natural Resources and Environment, and the chairperson of the Senate…