Chapter

WATER RESOURCES

O.C.G.A. § 12-5-1— Water Resources Center — Establishment and operation by Georgia Institute of Technology; purposes
O.C.G.A. § 12-5-2— Water Resources Center — Receipt of funds and grants
O.C.G.A. § 12-5-3— Water Resources Center — Power to enter into contracts, agreements, and participation arrangements
O.C.G.A. § 12-5-4— Programs for voluntary water conservation and enhancing water supply
O.C.G.A. § 12-5-4.1— Adoption of minimum standards and best practices for improving efficiency and effectiveness of water use; requirements
O.C.G.A. § 12-5-5— Local water authorities allowed to establish program for voluntary contributions to conservation and environ- mental projects
O.C.G.A. § 12-5-6— Installation and definition of “rain sensor shut-off switch”; penalty for violations
O.C.G.A. § 12-5-7— Local variances from state restrictions on outdoor watering; limitations on outdoor irrigation; exceptions
O.C.G.A. § 12-5-8— Rules and regulations relating to drought management
O.C.G.A. § 12-5-20— Short title
O.C.G.A. § 12-5-21— Declaration of policy; legislative intent
O.C.G.A. § 12-5-22— Definitions
O.C.G.A. § 12-5-23— Powers and duties of board and director as to control of water pollution and surface-water use generally
O.C.G.A. § 12-5-23.1— Water quality standards for lakes; monitoring; studies and reports; development, approval, and publication of water quality standards
O.C.G.A. § 12-5-23.2— Waste-water discharge limitations; schedule of construction milestones; penalties
O.C.G.A. § 12-5-23.3— Privatization of waste-water treatment facilities
O.C.G.A. § 12-5-24— Power of director to enter into contracts and compacts regarding surface-water management
O.C.G.A. § 12-5-25— Investigations by division; institution of proceedings by division
O.C.G.A. § 12-5-26— Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information
O.C.G.A. § 12-5-27— Authority to require owner or operator of facility to cooperate with division
O.C.G.A. § 12-5-27.1— Sale or use of cleaning agents containing phosphorus
O.C.G.A. § 12-5-28— Annual reports by division
O.C.G.A. § 12-5-29— Sewage 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
O.C.G.A. § 12-5-29.1— Combined sewer overflow; plans for elimination or treatment of sewage overflow; penalties
O.C.G.A. § 12-5-30— Permits 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
O.C.G.A. § 12-5-30.1— Major spills by publicly owned treatment works
O.C.G.A. § 12-5-30.2— Combined sewer overflow systems
O.C.G.A. § 12-5-30.3— Sludge land application systems
O.C.G.A. § 12-5-30.4— Establishment of water emergency response procedures
O.C.G.A. § 12-5-31— Regulated 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
O.C.G.A. § 12-5-31.1— Applications, permits, and variances for public water supply reservoirs
O.C.G.A. § 12-5-32— Aid to pollution control and surface-water management — Powers of division with respect to federal acts; receipt and expenditure of federal and state appropriations
O.C.G.A. § 12-5-33— Aid to pollution control and surface-water management — Grants to counties, municipalities, or other public authority for water pollution control projects
O.C.G.A. § 12-5-34— Aid to pollution control and surface-water management — Amount of state grant
O.C.G.A. § 12-5-35— Aid to pollution control and surface-water management — Administration of grants by division
O.C.G.A. § 12-5-36— Aid to pollution control and surface-water management — Consistency with federal acts
O.C.G.A. § 12-5-37— Aid to pollution control and surface-water management — Intent of article with regard to state contributions
O.C.G.A. § 12-5-38— Aid to pollution control and surface-water management — Management by division of federal construction grants program
O.C.G.A. § 12-5-38.1— Administration of funds; water pollution control and drinking water revolving funds
O.C.G.A. § 12-5-39— Aid to pollution control and surface-water management — Area-wide waste treatment management
O.C.G.A. § 12-5-40— Aid to pollution control and surface-water management — Adoption of rules and regulations regarding application for state grants
O.C.G.A. § 12-5-42— Cooperative efforts for abatement of pollution; order by director; request for hearing; allowance of reasonable time for abatement
O.C.G.A. § 12-5-43— Administrative hearings
O.C.G.A. § 12-5-44— All penalties recovered by the director as provided by this article shall be paid into the state treasury to the credit of the general fund
O.C.G.A. § 12-5-45— Judgment in accordance with division’s order
O.C.G.A. § 12-5-46— Effect of article on rights of action
O.C.G.A. § 12-5-47— Emergency orders; hearing
O.C.G.A. § 12-5-48— Injunctive relief
O.C.G.A. § 12-5-49— Representation of division and its agents by Attorney General and his staff
O.C.G.A. § 12-5-50— Intent of article as to conflicts with federal laws and as to eligibility of division or departments of state government for federal funds; remedial action
O.C.G.A. § 12-5-51— Civil liability
O.C.G.A. § 12-5-53— Criminal penalty
O.C.G.A. § 12-5-70— Prospecting for underground water supplies — Powers of department
O.C.G.A. § 12-5-71— Prospecting for underground water supplies — Records of findings; acceptance of federal grants
O.C.G.A. § 12-5-72— Prospecting for underground water supplies — Contracts with counties or municipalities for use of water
O.C.G.A. § 12-5-73— Prospecting for underground water supplies — Appropriation or allocation of funds to department
O.C.G.A. § 12-5-90— Short title
O.C.G.A. § 12-5-91— Declaration of policy
O.C.G.A. § 12-5-92— Definitions
O.C.G.A. § 12-5-93— Power of director to employ personnel
O.C.G.A. § 12-5-94— Adoption of rules and regulations by Board of Natural Resources
O.C.G.A. § 12-5-95— Proposed regulations regarding ground-water use; hearings; adoption and modification of regulations; contesting validity of regulations
O.C.G.A. § 12-5-96— Regulated reasonable use of ground water for general use; permits to withdraw, obtain, or utilize; coordination with water plans; appeal procedures
O.C.G.A. § 12-5-97— Duration of permits; renewal; transfer; certified state-
O.C.G.A. § 12-5-98— Investigations; entry; protection of confidential information or trade secrets; refusing entry or access to and interference with authorized representatives of division
O.C.G.A. § 12-5-99— Order by director after failure of conference, conciliation, or persuasion; hearings; appeal
O.C.G.A. § 12-5-100— Judgment in accordance with director’s order
O.C.G.A. § 12-5-101— Injunctive relief
O.C.G.A. § 12-5-102— Emergency orders; restrictions; hearing; appeal; use by certain entities
O.C.G.A. § 12-5-103— Representation of department by Attorney General
O.C.G.A. § 12-5-104— Effect of part on other laws
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
O.C.G.A. § 12-5-106— Civil penalties; procedure for imposing penalties; hearing; judicial review
O.C.G.A. § 12-5-107— Criminal penalty
O.C.G.A. § 12-5-120— Short title
O.C.G.A. § 12-5-121— Legislative intent
O.C.G.A. § 12-5-122— Definitions
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
O.C.G.A. § 12-5-124— Powers and duties of council generally
O.C.G.A. § 12-5-125— License requirement; drilling under direction of pro- fessional geologist or engineer
O.C.G.A. § 12-5-126— Director as administrative agent; administrative duties of division; orders, notices, and processes
O.C.G.A. § 12-5-127— Licensing of water well contractors generally; applications for trainee licenses; violation of Code section
O.C.G.A. § 12-5-128— Contents of license; display
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
O.C.G.A. § 12-5-130— Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses
O.C.G.A. § 12-5-131— Notifying contractors of changes in rules and regulations
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
O.C.G.A. § 12-5-132— Effect of part
O.C.G.A. § 12-5-133— Penalty; evidence of violation of part
O.C.G.A. § 12-5-133.1— Civil penalties; hearing
O.C.G.A. § 12-5-134— Standards for wells and boreholes
O.C.G.A. § 12-5-135— Requirement of bond or letter of credit
O.C.G.A. § 12-5-136— Compliance with standards and licensing requirements; inspections; action by director if well not up to standard
O.C.G.A. § 12-5-137— Forfeiture of contraband equipment
O.C.G.A. § 12-5-138— Council authorized to establish rules and regulations for pump installation; certification requirements; civil penalties for violations
O.C.G.A. § 12-5-150— Conditions under which artesian wells must be tapped
O.C.G.A. § 12-5-151— Wells on government property
O.C.G.A. § 12-5-152— Applicability of part
O.C.G.A. § 12-5-153— Penalty
O.C.G.A. § 12-5-170— Short title
O.C.G.A. § 12-5-171— Declaration of policy; legislative intent; Environmental Protection Division to administer part
O.C.G.A. § 12-5-172— Definitions
O.C.G.A. § 12-5-173— Designation of division as state agency to receive financial aid from federal government and other sources
O.C.G.A. § 12-5-174— Powers and duties of Board of Natural Resources as to public water systems
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
O.C.G.A. § 12-5-176— Powers and duties of director as to public water systems generally
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
O.C.G.A. § 12-5-178— Variances and exemptions
O.C.G.A. § 12-5-179— Permits for operation of public water systems; performance bonds
O.C.G.A. § 12-5-180— Duty of permit applicants and holders to supply information as required by director
O.C.G.A. § 12-5-180.1— Allocating water and waste-water usage among tenants; charging tenants for usage; measuring water usage
O.C.G.A. § 12-5-180.2— Fire sprinkler protection systems; limitation on fee for water service
O.C.G.A. § 12-5-181— Inspections and investigations by division
O.C.G.A. § 12-5-182— Powers of director as to protection of public from contaminants presenting imminent and substantial danger
O.C.G.A. § 12-5-183— Plan for emergency provision of water
O.C.G.A. § 12-5-184— Notice of violations, variances, and exemptions involving public water systems
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
O.C.G.A. § 12-5-186— Hearings; judicial review
O.C.G.A. § 12-5-187— Emergency orders; hearing; review
O.C.G.A. § 12-5-188— Injunctive relief
O.C.G.A. § 12-5-189— Judgment in accordance with director’s order
O.C.G.A. § 12-5-190— Legal assistance by Attorney General
O.C.G.A. § 12-5-191— Prohibited acts
O.C.G.A. § 12-5-192— Civil penalties; procedures for imposing penalty; hearing; review
O.C.G.A. § 12-5-193— Criminal penalty
O.C.G.A. § 12-5-200— Legislative findings
O.C.G.A. § 12-5-201— Definitions
O.C.G.A. § 12-5-202— District-wide emergency plan
O.C.G.A. § 12-5-203— Technical panel; members; preliminary scope of work statement; modifications
O.C.G.A. § 12-5-204— Completion and submission of emergency plan; costs
O.C.G.A. § 12-5-210— Development and utilization of coastal and offshore waters, lands, and resources; delegation of powers and duties; power to make contracts
O.C.G.A. § 12-5-211— Receipt of financial and other assistance; plans and proposals for development and utilization of coastal and offshore resources; coordination between state agencies; reporting
O.C.G.A. § 12-5-212— Annual report
O.C.G.A. § 12-5-213— Liberal construction of part
O.C.G.A. § 12-5-230— Short title
O.C.G.A. § 12-5-231— Legislative findings and declarations
O.C.G.A. § 12-5-232— Definitions
O.C.G.A. § 12-5-233— Area of operation of part
O.C.G.A. § 12-5-234— Powers and duties of department
O.C.G.A. § 12-5-235— Shore Protection Committee
O.C.G.A. § 12-5-236— Rules and regulations
O.C.G.A. § 12-5-237— Permit required; exceptions
O.C.G.A. § 12-5-238— Form and contents of application for permit
O.C.G.A. § 12-5-239— Completion of permit; notice of proposed activity; requirements and restrictions regarding issuance of permit
O.C.G.A. § 12-5-240— Posting of permit
O.C.G.A. § 12-5-242— Technical assistance to local governments; model ordinance
O.C.G.A. § 12-5-243— Local governments not prohibited from adopting more restrictive ordinances
O.C.G.A. § 12-5-244— Administrative and judicial review
O.C.G.A. § 12-5-245— Injunctive relief
O.C.G.A. § 12-5-246— Jurisdiction of superior court
O.C.G.A. § 12-5-247— Enforcement of part; civil penalty
O.C.G.A. § 12-5-248— Criminal violations
O.C.G.A. § 12-5-280— Short title
O.C.G.A. § 12-5-281— Legislative findings and declarations
O.C.G.A. § 12-5-282— Definitions
O.C.G.A. § 12-5-283— Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations
O.C.G.A. § 12-5-284— Authority of department as to coastal marshlands generally
O.C.G.A. § 12-5-285— Power of board to promulgate rules and regulations
O.C.G.A. § 12-5-286— Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields
O.C.G.A. § 12-5-287— Leasing of state owned marshland or water bottoms
O.C.G.A. § 12-5-288— Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest
O.C.G.A. § 12-5-289— Inspection of marshlands
O.C.G.A. § 12-5-290— Jurisdiction to restrain violation of part
O.C.G.A. § 12-5-291— Enforcement of part
O.C.G.A. § 12-5-292— Posting of permit
O.C.G.A. § 12-5-293— Effect on permit of sale, lease, or other conveyance of land
O.C.G.A. § 12-5-294— Existence of an emergency; order; right to hearing
O.C.G.A. § 12-5-295— Applicability of part
O.C.G.A. § 12-5-296— Criminal violation
O.C.G.A. § 12-5-297— Liability for damages
O.C.G.A. § 12-5-310— Legislative purpose
O.C.G.A. § 12-5-311— Cutting, harvesting, removing, or eradicating sea oats
O.C.G.A. § 12-5-312— Penalty
O.C.G.A. § 12-5-320— Short title
O.C.G.A. § 12-5-321— Legislative findings
O.C.G.A. § 12-5-322— Definitions
O.C.G.A. § 12-5-323— Powers and duties of department
O.C.G.A. § 12-5-324— Power of board to promulgate rules and regulations
O.C.G.A. § 12-5-325— Additional duties of department
O.C.G.A. § 12-5-326— Duties of other state agencies in relation to this part
O.C.G.A. § 12-5-327— Duty of department to prepare document for submission to Governor; duty to prepare report every three years
O.C.G.A. § 12-5-328— Nothing in part to be construed as waiver of federal immunity or consent for other state to exercise jurisdiction
O.C.G.A. § 12-5-331— Duties and powers of department as to development of state’s rivers
O.C.G.A. § 12-5-350— Short title
O.C.G.A. § 12-5-351— Definitions
O.C.G.A. § 12-5-352— Rivers comprising the Georgia Scenic River System
O.C.G.A. § 12-5-353— Duties of department as to scenic rivers
O.C.G.A. § 12-5-354— Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers
O.C.G.A. § 12-5-370— Short title
O.C.G.A. § 12-5-371— Declaration of purpose
O.C.G.A. § 12-5-372— Definitions
O.C.G.A. § 12-5-373— Powers and duties of director generally
O.C.G.A. § 12-5-374— Powers and duties of board as to dams and artificial barriers
O.C.G.A. § 12-5-375— Inventory and classification of dams; investigations; technical assistance to local government; artificial barriers; notice requirements; provision of information regarding dams to clerks of superior courts
O.C.G.A. § 12-5-376— Permits to construct and operate dams
O.C.G.A. § 12-5-376.1— Subclassification of category I dams by director; minimum spillway design requirements
O.C.G.A. § 12-5-377— Dam removal
O.C.G.A. § 12-5-378— Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director
O.C.G.A. § 12-5-379— Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference
O.C.G.A. § 12-5-380— Administrative and judicial review
O.C.G.A. § 12-5-380.1— Orders of director or administrative law judge filed in superior court; effect of filing
O.C.G.A. § 12-5-381— Injunctive relief
O.C.G.A. § 12-5-382— Power of commissioner of transportation as to contracts relating to part
O.C.G.A. § 12-5-383— Liability for damages
O.C.G.A. § 12-5-384— Conformance to and compliance with part required
O.C.G.A. § 12-5-385— Criminal and civil penalties
O.C.G.A. § 12-5-400— Short title
O.C.G.A. § 12-5-401— Purpose
O.C.G.A. § 12-5-402— Powers and duties of department
O.C.G.A. § 12-5-420— Short title
O.C.G.A. § 12-5-421— Purpose
O.C.G.A. § 12-5-422— Powers and duties of department
O.C.G.A. § 12-5-440— Short title
O.C.G.A. § 12-5-441— Definitions
O.C.G.A. § 12-5-442— Legislative findings and purposes
O.C.G.A. § 12-5-443— Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee
O.C.G.A. § 12-5-445— Review of application and supporting documents by commission; effect of inconsistencies; alternatives where modification recommended
O.C.G.A. § 12-5-447— Minimum standards for certificates and recommendations
O.C.G.A. § 12-5-448— Appeal
O.C.G.A. § 12-5-449— Other laws not superseded by part
O.C.G.A. § 12-5-451— Uses to which part inapplicable
O.C.G.A. § 12-5-452— Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions
O.C.G.A. § 12-5-453— Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements
O.C.G.A. § 12-5-454— Removal of sand from watercourse
O.C.G.A. § 12-5-455— Plan and application for certificate open to public inspection
O.C.G.A. § 12-5-456— Commission to notify local authorities of violations of this part; director’s powers in absence of local action; hearings on violations
O.C.G.A. § 12-5-457— Environmental Protection Division’s powers and duties unaffected by part
O.C.G.A. § 12-5-470— Short title
O.C.G.A. § 12-5-470.1— Construction with other provisions
O.C.G.A. § 12-5-471— Definitions
O.C.G.A. § 12-5-472— Acquisition, construction, and maintenance of projects authorized; standards and procedures; sites inventory; mitigation banks; costs
O.C.G.A. § 12-5-472.1— Procurement of permits, licenses, and permissions; designation of principal state agency
O.C.G.A. § 12-5-473— Powers of Water Supply Division generally
O.C.G.A. § 12-5-474— Rentals, fees, and other charges; deposit of funds; terms and conditions for use of project
O.C.G.A. § 12-5-475— Rules and regulations
O.C.G.A. § 12-5-476— Contracts with local governments for planning, construction, management, and maintenance; coordination
O.C.G.A. § 12-5-476.1— Fees for services
O.C.G.A. § 12-5-477— Supplemental nature of provisions
O.C.G.A. § 12-5-478— Liberal construction
O.C.G.A. § 12-5-479— Contracts with public entities for services or use of facilities or equipment; user agreement for provision of environmental services
O.C.G.A. § 12-5-480— Use of services of Georgia State Financing and Investment Commission; selection of professional services
O.C.G.A. § 12-5-481— Legislative findings
O.C.G.A. § 12-5-482— Failure of local government to collect and remit all amounts due; withholding of state funds
O.C.G.A. § 12-5-483— Waiver of costs or fees
O.C.G.A. § 12-5-484— Legislative oversight committee; membership; responsibilities
O.C.G.A. § 12-5-500— Definitions
O.C.G.A. § 12-5-501— Liability for removal costs or damages; exceptions
O.C.G.A. § 12-5-520— Short title
O.C.G.A. § 12-5-521— Definitions
O.C.G.A. § 12-5-522— Policy statement for comprehensive state-wide water management plan; guiding principles; requirements of plan; regional plans; compliance with plans
O.C.G.A. § 12-5-523— Cooperation with Water Council; involvement of stakeholders; initial draft plan
O.C.G.A. § 12-5-524— Water Council created; obligations of council
O.C.G.A. § 12-5-525— Approval by General Assembly; alternative to passage by legislature; emergency actions by Water Council in event of imminent peril; review and revision of plan
O.C.G.A. § 12-5-540— Short title
O.C.G.A. § 12-5-541— Legislative intent
O.C.G.A. § 12-5-542— Definitions
O.C.G.A. § 12-5-543— Establishment of drought abatement program; rules and regulations
O.C.G.A. § 12-5-544— Powers of director
O.C.G.A. § 12-5-545— Administration of fund
O.C.G.A. § 12-5-546— Prediction of drought; irrigation reduction auction; agreement
O.C.G.A. § 12-5-546.1— Enhancement of programming and incentives; scheduling irrigation efficiencies; modifying water withdrawal permits; coordination of efforts
O.C.G.A. § 12-5-546.2— Notification in advance of any state funded augmentation projects
O.C.G.A. § 12-5-547— Such penalties shall be assessed on a per violation basis
O.C.G.A. § 12-5-548— Investigations and inspections
O.C.G.A. § 12-5-549— Compliance; violations
O.C.G.A. § 12-5-570— Short title
O.C.G.A. § 12-5-571— Legislative intent
O.C.G.A. § 12-5-572— Creation; purpose
O.C.G.A. § 12-5-573— Definitions
O.C.G.A. § 12-5-574— Powers; approval of plan non-binding on finances; extension of time for preparing plan
O.C.G.A. § 12-5-575— Board created; appointments; vacancies; terms
O.C.G.A. § 12-5-576— Open meetings; quorum; voting; executive sessions
O.C.G.A. § 12-5-577— Operating budget; sources of funding; power to enter into contracts and to expend funds; depositing
O.C.G.A. § 12-5-578— Adjoining counties or municipalities application to be added to the district area
O.C.G.A. § 12-5-579— Staffing; cooperation among agencies
O.C.G.A. § 12-5-580— Coordinating committees; finance committees
O.C.G.A. § 12-5-581— Advisory councils
O.C.G.A. § 12-5-582— Model ordinances for effective storm-water management and for a district-wide watershed management plan; annual review; public meetings; certification by director; local compliance
O.C.G.A. § 12-5-583— Short-term and long-term plans for waste-water management plan; annual review; public meetings; certification by director
O.C.G.A. § 12-5-584— Water supply and water conservation management plan; interbasin transfers
O.C.G.A. § 12-5-585— Education and public awareness
O.C.G.A. § 12-5-586— Annual report detailing activities and progress