Georgia Commons

Title 12. CONSERVATION AND NATURAL RESOURCES

Chapter 5. WATER RESOURCES

294 sections · 12-5-1 to 12-5-586

Article 1. GENERAL PROVISIONS

  1. 12-5-1Water Resources Center — Establishment and operation by Georgia Institute of Technology; purposes.
  2. 12-5-2Water Resources Center — Receipt of funds and grants.
  3. 12-5-3Water Resources Center — Power to enter into contracts, agreements, and participation arrangements.
  4. 12-5-4Programs for voluntary water conservation and enhancing water supply.
  5. 12-5-4.1Adoption of minimum standards and best practices for improving efficiency and effectiveness of water use; requirements.
  6. 12-5-5Local water authorities allowed to establish program for voluntary contributions to conservation and environmental projects.
  7. 12-5-6Installation and definition of ‘‘rain sensor shut-off switch’’; penalty for violations.
  8. 12-5-7Local variances from state restrictions on outdoor watering; limitations on outdoor irrigation; exceptions.
  9. 12-5-8Rules and regulations relating to drought management.
  10. 12-5-9Georgia Geospatial Advisory Council.Repealed

Article 2. CONTROL OF WATER POLLUTION AND SURFACE-WATER USE

  1. 12-5-20Short title.
  2. 12-5-21Declaration of policy; legislative intent.
  3. 12-5-22Definitions.
  4. 12-5-23Powers and duties of board and director as to control of water pollution and surface-water use generally.
  5. 12-5-23.1Water quality standards for lakes; monitoring; studies and reports; development, approval, and publication of water quality standards.
  6. 12-5-23.2Waste-water discharge limitations; schedule of construction milestones; penalties.
  7. 12-5-23.3Privatization of waste-water treatment facilities.
  8. 12-5-24Power of director to enter into contracts and compacts regarding surface-water management.
  9. 12-5-25Investigations by division; institution of proceedings by division.
  10. 12-5-26Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information.
  11. 12-5-27Authority to require owner or operator of facility to cooperate with division.
  12. 12-5-27.1Sale or use of cleaning agents containing phosphorus.
  13. 12-5-28Annual reports by division.
  14. 12-5-29Sewage and waste disposal; withdrawal, diversion, or impoundment of surface waters; certificates required for vessels with marine toilets; conditions for transfer of surface water from one river basin to another.
  15. 12-5-29.1Combined sewer overflow; plans for elimination or treatment of sewage overflow; penalties.
  16. 12-5-30Permits for construction, modification, or operation of facilities which discharge pollutants into waters; permits for discharge of dredged or fill material into waters and wetlands; participation in National Pollution Discharge Elimination System.
  17. 12-5-30.1Major spills by publicly owned treatment works.
  18. 12-5-30.2Combined sewer overflow systems.
  19. 12-5-30.3Sludge land application systems.
  20. 12-5-30.4Establishment of water emergency response procedures.
  21. 12-5-31Regulated riparian rights to surface waters for general or farm use; permits for withdrawal, diversion, or impoundment; coordination with water plans; metering of farm use; interbasin transfers; appeal procedures.
  22. 12-5-31.1Applications, permits, and variances for public water supply reservoirs.
  23. 12-5-32Aid to pollution control and surface-water management — Powers of division with respect to federal acts; receipt and expenditure of federal and state appropriations.
  24. 12-5-33Aid to pollution control and surface-water management — Grants to counties, municipalities, or other public authority for water pollution control projects.
  25. 12-5-34Aid to pollution control and surface-water management — Amount of state grant.
  26. 12-5-35Aid to pollution control and surface-water management — Administration of grants by division.
  27. 12-5-36Aid to pollution control and surface-water management — Consistency with federal acts.
  28. 12-5-37Aid to pollution control and surface-water management — Intent of article with regard to state contributions.
  29. 12-5-38Aid to pollution control and surface-water management — Management by division of federal construction grants program.
  30. 12-5-38.1Administration of funds; water pollution control and drinking water revolving funds.
  31. 12-5-39Aid to pollution control and surface-water management — Area-wide waste treatment management.
  32. 12-5-40Aid to pollution control and surface-water management — Adoption of rules and regulations regarding application for state grants.
  33. 12-5-41Aid to pollution control and surface-water management — Water and sewage treatment facilities or systems for eligible planned communities.Repealed
  34. 12-5-42Cooperative efforts for abatement of pollution; order by director; request for hearing; allowance of reasonable time for abatement.
  35. 12-5-43Administrative hearings.
  36. 12-5-44Judicial review.
  37. 12-5-45Judgment in accordance with division’s order.
  38. 12-5-46Effect of article on rights of action.
  39. 12-5-47Emergency orders; hearing.
  40. 12-5-48Injunctive relief.
  41. 12-5-49Representation of division and its agents by Attorney General and his staff.
  42. 12-5-50Intent of article as to conflicts with federal laws and as to eligibility of division or departments of state government for federal funds; remedial action.
  43. 12-5-51Civil liability.
  44. 12-5-52Civil penalty.
  45. 12-5-53Criminal penalty.

Article 3. WELLS AND DRINKING WATER · Part 1. GENERAL PROVISIONS

  1. 12-5-70Prospecting for underground water supplies — Powers of department.
  2. 12-5-71Prospecting for underground water supplies — Records of findings; acceptance of federal grants.
  3. 12-5-72Prospecting for underground water supplies — Contracts with counties or municipalities for use of water.
  4. 12-5-73Prospecting for underground water supplies — Appropriation or allocation of funds to department.

Article 3. WELLS AND DRINKING WATER · Part 2. GROUND-WATER USE GENERALLY

  1. 12-5-90Short title.
  2. 12-5-91Declaration of policy.
  3. 12-5-92Definitions.
  4. 12-5-93Power of director to employ personnel.
  5. 12-5-94Adoption of rules and regulations by Board of Natural Resources.
  6. 12-5-95Proposed regulations regarding ground-water use; hearings; adoption and modification of regulations; contesting validity of regulations.
  7. 12-5-96Regulated reasonable use of ground water for general use; permits to withdraw, obtain, or utilize; coordination with water plans; appeal procedures.
  8. 12-5-97Duration of permits; renewal; transfer; certified statements by holders; monitoring water use; granting permit to person withdrawing ground water prior to July 1, 1973; prior investments in land and nature of plans for water use; continued withdrawal pending decision on permit.
  9. 12-5-98Investigations; entry; protection of confidential information or trade secrets; refusing entry or access to and interference with authorized representatives of division.
  10. 12-5-99Order by director after failure of conference, conciliation, or persuasion; hearings; appeal.
  11. 12-5-100Judgment in accordance with director’s order.
  12. 12-5-101Injunctive relief.
  13. 12-5-102Emergency orders; restrictions; hearing; appeal; use by certain entities.
  14. 12-5-103Representation of department by Attorney General.
  15. 12-5-104Effect of part on other laws.
  16. 12-5-105Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures.
  17. 12-5-106Civil penalties; procedure for imposing penalties; hearing; judicial review.
  18. 12-5-107Criminal penalty.
  19. 12-5-108Delegated authority; permit for consumptive use of water or expansion.

Article 3. WELLS AND DRINKING WATER · Part 3. WATER WELL STANDARDS

  1. 12-5-120Short title.
  2. 12-5-121Legislative intent.
  3. 12-5-122Definitions.
  4. 12-5-123Creation of council; membership; chairperson; meetings; majority vote; quorum; director as secretary; self-governance; reimbursement for expenses; Attorney General to provide legal services.
  5. 12-5-124Powers and duties of council generally.
  6. 12-5-125License requirement; drilling under direction of professional geologist or engineer.
  7. 12-5-126Director as administrative agent; administrative duties of division; orders, notices, and processes.
  8. 12-5-127Licensing of water well contractors generally; applications for trainee licenses; violation of Code section.
  9. 12-5-128Contents of license; display.
  10. 12-5-129Suspension and revocation of licenses; hearings; reissuance of revoked licenses; injunction; cessation of well operation; seizure of equipment.
  11. 12-5-130Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses.
  12. 12-5-131Notifying contractors of changes in rules and regulations.
  13. 12-5-131.1Licensing requirements for drilling well on own property; water well contractors completing electrical or plumbing work incidental to drilling and construction of well.
  14. 12-5-132Effect of part.
  15. 12-5-133Penalty; evidence of violation of part.
  16. 12-5-133.1Civil penalties; hearing.
  17. 12-5-134Standards for wells and boreholes.
  18. 12-5-135Requirement of bond or letter of credit.
  19. 12-5-136Compliance with standards and licensing requirements; inspections; action by director if well not up to standard.
  20. 12-5-137Forfeiture of contraband equipment.
  21. 12-5-138Council authorized to establish rules and regulations for pump installation; certification requirements; civil penalties for violations.

Article 3. WELLS AND DRINKING WATER · Part 4. ARTESIAN WELLS

  1. 12-5-150Conditions under which artesian wells must be tapped.
  2. 12-5-151Wells on government property.
  3. 12-5-152Applicability of part.
  4. 12-5-153Penalty.

Article 3. WELLS AND DRINKING WATER · Part 5. PUBLIC WATER SYSTEMS

  1. 12-5-170Short title.
  2. 12-5-171Declaration of policy; legislative intent; Environmental Protection Division to administer part.
  3. 12-5-172Definitions.
  4. 12-5-173Designation of division as state agency to receive financial aid from federal government and other sources.
  5. 12-5-174Powers and duties of Board of Natural Resources as to public water systems.
  6. 12-5-175Fluoridation of public water systems; state funds for cost of fluoridation equipment, chemicals, and materials; tax deduction for fluoride-removing devices.
  7. 12-5-176Powers and duties of director as to public water systems generally.
  8. 12-5-177Enforcement of rules and regulations; minimum requirements for and applicability of Georgia primary drinking water regulations; records and reports.
  9. 12-5-178Variances and exemptions.
  10. 12-5-179Permits for operation of public water systems; performance bonds.
  11. 12-5-180Duty of permit applicants and holders to supply information as required by director.
  12. 12-5-180.1Allocating water and waste-water usage among tenants; charging tenants for usage; measuring water usage.
  13. 12-5-180.2Fire sprinkler protection systems; limitation on fee for water service.
  14. 12-5-181Inspections and investigations by division.
  15. 12-5-182Powers of director as to protection of public from contaminants presenting imminent and substantial danger.
  16. 12-5-183Plan for emergency provision of water.
  17. 12-5-184Notice of violations, variances, and exemptions involving public water systems.
  18. 12-5-185Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director.
  19. 12-5-186Hearings; judicial review.
  20. 12-5-187Emergency orders; hearing; review.
  21. 12-5-188Injunctive relief.
  22. 12-5-189Judgment in accordance with director’s order.
  23. 12-5-190Legal assistance by Attorney General.
  24. 12-5-191Prohibited acts.
  25. 12-5-192Civil penalties; procedures for imposing penalty; hearing; review.
  26. 12-5-193Criminal penalty.

Article 3. WELLS AND DRINKING WATER · Part 6. WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY

  1. 12-5-200Legislative findings.
  2. 12-5-201Definitions.
  3. 12-5-202District-wide emergency plan.
  4. 12-5-203Technical panel; members; preliminary scope of work statement; modifications.
  5. 12-5-204Completion and submission of emergency plan; costs.

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 1. GENERAL PROVISIONS

  1. 12-5-210Development and utilization of coastal and offshore waters, lands, and resources; delegation of powers and duties; power to make contracts.
  2. 12-5-211Receipt of financial and other assistance; plans and proposals for development and utilization of coastal and offshore resources; coordination between state agencies; reporting.
  3. 12-5-212Annual report.
  4. 12-5-213Liberal construction of part.

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 2. SHORE PROTECTION

  1. 12-5-230Short title.
  2. 12-5-231Legislative findings and declarations.
  3. 12-5-232Definitions.
  4. 12-5-233Area of operation of part.
  5. 12-5-234Powers and duties of department.
  6. 12-5-235Shore Protection Committee.
  7. 12-5-236Rules and regulations.
  8. 12-5-237Permit required; exceptions.
  9. 12-5-238Form and contents of application for permit.
  10. 12-5-239Completion of permit; notice of proposed activity; requirements and restrictions regarding issuance of permit.
  11. 12-5-240Posting of permit.
  12. 12-5-241Local shore assistance programs.Repealed
  13. 12-5-242Technical assistance to local governments; model ordinance.
  14. 12-5-243Local governments not prohibited from adopting more restrictive ordinances.
  15. 12-5-244Administrative and judicial review.
  16. 12-5-245Injunctive relief.
  17. 12-5-246Jurisdiction of superior court.
  18. 12-5-247Enforcement of part; civil penalty.
  19. 12-5-248Criminal violations.

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 3. PRESERVATION AND MANAGEMENT OF COASTAL ZONE

  1. 12-5-260 to 12-5-267(no catchline printed)Repealed

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 4. COASTAL MARSHLANDS

  1. 12-5-280Short title.
  2. 12-5-281Legislative findings and declarations.
  3. 12-5-282Definitions.
  4. 12-5-283Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations.
  5. 12-5-284Authority of department as to coastal marshlands generally.
  6. 12-5-285Power of board to promulgate rules and regulations.
  7. 12-5-286Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields.
  8. 12-5-287Leasing of state owned marshland or water bottoms.
  9. 12-5-288Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest.
  10. 12-5-289Inspection of marshlands.
  11. 12-5-290Jurisdiction to restrain violation of part.
  12. 12-5-291Enforcement of part.
  13. 12-5-292Posting of permit.
  14. 12-5-293Effect on permit of sale, lease, or other conveyance of land.
  15. 12-5-294Existence of an emergency; order; right to hearing.
  16. 12-5-295Applicability of part.
  17. 12-5-296Criminal violation.
  18. 12-5-297Liability for damages.

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 5. SEA OATS

  1. 12-5-310Legislative purpose.
  2. 12-5-311Cutting, harvesting, removing, or eradicating sea oats.
  3. 12-5-312Penalty.

Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 6. COASTAL MANAGEMENT

  1. 12-5-320Short title.
  2. 12-5-321Legislative findings.
  3. 12-5-322Definitions.
  4. 12-5-323Powers and duties of department.
  5. 12-5-324Power of board to promulgate rules and regulations.
  6. 12-5-325Additional duties of department.
  7. 12-5-326Duties of other state agencies in relation to this part.
  8. 12-5-327Duty of department to prepare document for submission to Governor; duty to prepare report every three years.
  9. 12-5-328Nothing in part to be construed as waiver of federal immunity or consent for other state to exercise jurisdiction.
  10. 12-5-329Repeal of part on July 1, 2009.Repealed

Article 5. RIVERS AND RIVER BASINS · Part 1. GENERAL PROVISIONS

  1. 12-5-330Resources Advisory Board, Southeast River Basins.Repealed
  2. 12-5-331Duties and powers of department as to development of state’s rivers.

Article 5. RIVERS AND RIVER BASINS · Part 2. GEORGIA SCENIC RIVER SYSTEM

  1. 12-5-350Short title.
  2. 12-5-351Definitions.
  3. 12-5-352Rivers comprising the Georgia Scenic River System.
  4. 12-5-353Duties of department as to scenic rivers.
  5. 12-5-354Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers.

Article 5. RIVERS AND RIVER BASINS · Part 3. DAM SAFETY

  1. 12-5-370Short title.
  2. 12-5-371Declaration of purpose.
  3. 12-5-372Definitions.
  4. 12-5-373Powers and duties of director generally.
  5. 12-5-374Powers and duties of board as to dams and artificial barriers.
  6. 12-5-375Inventory and classification of dams; investigations; technical assistance to local government; artificial barriers; notice requirements; provision of information regarding dams to clerks of superior courts.
  7. 12-5-376Permits to construct and operate dams.
  8. 12-5-376.1Subclassification of category I dams by director; minimum spillway design requirements.
  9. 12-5-377Dam removal.
  10. 12-5-378Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director.
  11. 12-5-379Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference.
  12. 12-5-380Administrative and judicial review.
  13. 12-5-380.1Orders of director or administrative law judge filed in superior court; effect of filing.
  14. 12-5-381Injunctive relief.
  15. 12-5-382Power of commissioner of transportation as to contracts relating to part.
  16. 12-5-383Liability for damages.
  17. 12-5-384Conformance to and compliance with part required.
  18. 12-5-385Criminal and civil penalties.

Article 5. RIVERS AND RIVER BASINS · Part 4. DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN

  1. 12-5-400Short title.
  2. 12-5-401Purpose.
  3. 12-5-402Powers and duties of department.

Article 5. RIVERS AND RIVER BASINS · Part 5. DEVELOPMENT OF ALTAMAHA RIVER BASIN

  1. 12-5-420Short title.
  2. 12-5-421Purpose.
  3. 12-5-422Powers and duties of department.

Article 5. RIVERS AND RIVER BASINS · Part 6. PROTECTION OF METROPOLITAN RIVERS

  1. 12-5-440Short title.
  2. 12-5-441Definitions.
  3. 12-5-442Legislative findings and purposes.
  4. 12-5-443Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee.
  5. 12-5-444Prohibited land and water uses; uses prior to adoption of plan; certificate of compliance with plan; information required of applicant; changes in use; notice and hearing.
  6. 12-5-445Review of application and supporting documents by commission; effect of inconsistencies; alternatives where modification recommended.
  7. 12-5-446Prereview by commission of application for certificate; fee where prereview requested by applicant; effectiveness of certificate following prereview; immediate effectiveness of certificate; consultation by commission with governing authority; informal consultation with applicants.Repealed
  8. 12-5-447Minimum standards for certificates and recommendations.
  9. 12-5-448Appeal.
  10. 12-5-449Other laws not superseded by part.
  11. 12-5-450Election by counties contiguous to area, and by municipalities within county, to come under part.Repealed
  12. 12-5-451Uses to which part inapplicable.
  13. 12-5-452Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions.
  14. 12-5-453Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements.
  15. 12-5-454Removal of sand from watercourse.
  16. 12-5-455Plan and application for certificate open to public inspection.
  17. 12-5-456Commission to notify local authorities of violations of this part; director’s powers in absence of local action; hearings on violations.
  18. 12-5-457Environmental Protection Division’s powers and duties unaffected by part.

Article 6. WATER SUPPLY

  1. 12-5-470Short title.
  2. 12-5-470.1Construction with other provisions.
  3. 12-5-471Definitions.
  4. 12-5-472Acquisition, construction, and maintenance of projects authorized; standards and procedures; sites inventory; mitigation banks; costs.
  5. 12-5-472.1Procurement of permits, licenses, and permissions; designation of principal state agency.
  6. 12-5-473Powers of Water Supply Division generally.
  7. 12-5-474Rentals, fees, and other charges; deposit of funds; terms and conditions for use of project.
  8. 12-5-475Rules and regulations.
  9. 12-5-476Contracts with local governments for planning, construction, management, and maintenance; coordination.
  10. 12-5-476.1Fees for services.
  11. 12-5-477Supplemental nature of provisions.
  12. 12-5-478Liberal construction.
  13. 12-5-479Contracts with public entities for services or use of facilities or equipment; user agreement for provision of environmental services.
  14. 12-5-480Use of services of Georgia State Financing and Investment Commission; selection of professional services.
  15. 12-5-481Legislative findings.
  16. 12-5-482Failure of local government to collect and remit all amounts due; withholding of state funds.
  17. 12-5-483Waiver of costs or fees.
  18. 12-5-484Legislative oversight committee; membership; responsibilities.

Article 7. COSTS OF OIL SPILL RESPONSE

  1. 12-5-500Definitions.
  2. 12-5-501Liability for removal costs or damages; exceptions.

Article 8. COMPREHENSIVE STATE-WIDE WATER MANAGEMENT PLANNING

  1. 12-5-520Short title.
  2. 12-5-521Definitions.
  3. 12-5-522Policy statement for comprehensive state-wide water management plan; guiding principles; requirements of plan; regional plans; compliance with plans.
  4. 12-5-523Cooperation with Water Council; involvement of stakeholders; initial draft plan.
  5. 12-5-524Water Council created; obligations of council.
  6. 12-5-525Approval by General Assembly; alternative to passage by legislature; emergency actions by Water Council in event of imminent peril; review and revision of plan.

Article 9. FLINT RIVER DROUGHT PROTECTION

  1. 12-5-540Short title.
  2. 12-5-541Legislative intent.
  3. 12-5-542Definitions.
  4. 12-5-543Establishment of drought abatement program; rules and regulations.
  5. 12-5-544Powers of director.
  6. 12-5-545Administration of fund.
  7. 12-5-546Prediction of drought; irrigation reduction auction; agreement.
  8. 12-5-546.1Enhancement of programming and incentives; scheduling irrigation efficiencies; modifying water withdrawal permits; coordination of efforts.
  9. 12-5-546.2Notification in advance of any state funded augmentation projects.
  10. 12-5-547Director’s orders.
  11. 12-5-548Investigations and inspections.
  12. 12-5-549Compliance; violations.
  13. 12-5-550Repayment penalty; notice of violation; time limit to respond to notice of violation; failure to respond to notice of violation.

Article 10. METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT

  1. 12-5-570Short title.
  2. 12-5-571Legislative intent.
  3. 12-5-572Creation; purpose.
  4. 12-5-573Definitions.
  5. 12-5-574Powers; approval of plan non-binding on finances; extension of time for preparing plan.
  6. 12-5-575Board created; appointments; vacancies; terms.
  7. 12-5-576Open meetings; quorum; voting; executive sessions.
  8. 12-5-577Operating budget; sources of funding; power to enter into contracts and to expend funds; depositing.
  9. 12-5-578Adjoining counties or municipalities application to be added to the district area.
  10. 12-5-579Staffing; cooperation among agencies.
  11. 12-5-580Coordinating committees; finance committees.
  12. 12-5-581Advisory councils.
  13. 12-5-582Model ordinances for effective storm-water management and for a district-wide watershed management plan; annual review; public meetings; certification by director; local compliance.
  14. 12-5-583Short-term and long-term plans for waste-water management plan; annual review; public meetings; certification by director.
  15. 12-5-584Water supply and water conservation management plan; interbasin transfers.
  16. 12-5-585Education and public awareness.
  17. 12-5-586Annual report detailing activities and progress.