Georgia Code, Title 12, Chapter 5, Article 2 - Control of Water Pollution and Surface-Water Use

• § 12-5-20 - Short Title
  This article shall be known and may be cited as the "Georgia Water Quality Control Act."
• § 12-5-21 - Declaration of Policy; Legislative Intent
  (a) The people of the State of Georgia are dependent upon the rivers, streams, lakes, and subsurface waters of the state for public and...
• § 12-5-22 - Definitions
  As used in this article, the term: (1) "Director" means the director of the Environmental Protection Division of the Department of Natural Resources. (2)...
• § 12-5-23 - Powers and Duties of Board and Director As to Control of Water Pollution and Surface-Water Use Generally
  (a) In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal...
• § 12-5-23.1 - Water Quality Standards for Lakes; Monitoring; Studies and Reports; Development, Approval, and Publication of Water Quality Standards
  (a) As used in this Code section, the word "lake" means any publicly owned lake or reservoir located wholly or partially within this state...
• § 12-5-23.2 - Waste-Water Discharge Limitations; Schedule of Construction Milestones; Penalties
  (a) Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who...
• § 12-5-23.3 - Privatization of Waste-Water Treatment Facilities
  (a) For purposes of this Code section only, the term: (1) "LAS permit" means Land Application System permit. (2) "NPDES permit" means National Pollutant...
• § 12-5-24 - Power of Director to Enter Into Contracts and Compacts Regarding Surface-Water Management
  The director is authorized to enter into contracts or compacts on behalf of the State of Georgia with the federal government, sister states, political...
• § 12-5-25 - Investigations by Division; Institution of Proceedings by Division
  The division shall have authority to investigate any apparent violation of any provision of this article and to take any action authorized by this...
• § 12-5-26 - Entry on Premises to Investigate and Inspect Conditions and Operating Records; Protection of Trade Secrets and Confidential Information
  Any duly appointed agent of the division may enter private or public property at reasonable times to inspect or investigate conditions relating to pollution...
• § 12-5-27 - Authority to Require Owner or Operator of Facility to Cooperate With Division
  Whenever required to carry out the objectives of this article, including but not limited to developing or assisting in the development of any effluent...
• § 12-5-27.1 - Sale or Use of Cleaning Agents Containing Phosphorus
  (a) The General Assembly seeks, through the enactment of this Code section, to set standards limiting the amount of nutrients in various cleaning agents....
• § 12-5-28 - Annual Reports by Division
  Annual reports shall be made and filed by the division with the Governor and members of the General Assembly.
• § 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
  (a) It shall be unlawful to use any waters of the state for the disposal of sewage, industrial wastes, or other wastes, or to...
• § 12-5-29.1 - Combined Sewer Overflow; Plans for Elimination or Treatment of Sewage Overflow; Penalties
  (a) As used in this Code section, the term: (1) "Combined sewer overflow" or "CSO" means a sewage system so designed or constructed as...
• § 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
  (a) Any person who owns or operates a facility of any type or who desires to erect, modify, alter, or commence operation of a...
• § 12-5-30.1 - Major Spills by Publicly Owned Treatment Works
  (a) As used in this Code section, the term: (1) "Board" means the Board of Natural Resources. (2) "Consistently exceeding an effluent limitation" means...
• § 12-5-30.2 - Combined Sewer Overflow Systems
  (a) As used in this Code section, the term "combined sewer overflow" or "CSO" means a sewage system so designed or constructed as to...
• § 12-5-30.3 - Sludge Land Application Systems
  (a) As used in this Code section, the term: (1) "Sludge" means the solid or semisolid residue generated at a waste-water treatment or pretreatment...
• § 12-5-30.4 - Establishment of Water Emergency Response Procedures
  (a) Whenever any substance which would endanger the health or property of downstream users of the waters of this state is discharged into such...
• § 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
  (a) For purposes of this Code section, the term: (1) "Director" means the director of the Environmental Protection Division of the Department of Natural...
• § 12-5-31.1 - Applications, Permits, and Variances for Public Water Supply Reservoirs
  (a) Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under...
• § 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
  The division shall be the water pollution control and surface-water resource management agency of the state for all purposes of any federal water pollution...
• § 12-5-33 - Aid to Pollution Control and Surface-Water Management -- Grants to Counties, Municipalities, or Other Public Authority for Water Pollution Control Projects
  (a) The division is authorized to make grants, as funds are available, to any county, municipality, or any combination thereof, or to any public...
• § 12-5-34 - Aid to Pollution Control and Surface-Water Management -- Amount of State Grant
  (a) The state's contribution toward the construction of water pollution control projects shall not be limited by percentage contribution, and the State of Georgia...
• § 12-5-35 - Aid to Pollution Control and Surface-Water Management -- Administration of Grants by Division
  The division shall be the agency for the administration of the funds granted by the state. The administration of such granted funds shall be...
• § 12-5-36 - Aid to Pollution Control and Surface-Water Management -- Consistency With Federal Acts
  The determination of the relative need for, the priority of, and the standards of construction for federally assisted water pollution control projects shall be...
• § 12-5-37 - Aid to Pollution Control and Surface-Water Management -- Intent of Article With Regard to State Contributions
  It is the intent of this article that full advantage be taken of all funds available under the Federal Water Pollution Control Act, but...
• § 12-5-38 - Aid to Pollution Control and Surface-Water Management -- Management by Division of Federal Construction Grants Program
  The division is authorized to manage the construction grants program as set forth in Title II of the Federal Water Pollution Control Act Amendments...
• § 12-5-38.1 - Administration of Funds; Water Pollution Control and Drinking Water Revolving Funds
  (a) The director is authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title...
• § 12-5-39 - Aid to Pollution Control and Surface-Water Management -- Area-Wide Waste Treatment Management
  The division is authorized to develop and operate a continuing area-wide waste treatment management planning process pursuant to its powers contained in this article...
• § 12-5-40 - Aid to Pollution Control and Surface-Water Management -- Adoption of Rules and Regulations Regarding Application for State Grants
  The Board of Natural Resources is empowered to adopt such rules, regulations, and procedures to be followed in applying for state grants authorized in...
• § 12-5-41 - Aid to Pollution Control and Surface-Water Management -- Water and Sewage Treatment Facilities or Systems for Eligible Planned Communities
  Reserved. Repealed by Ga. L. 2015, p. 385, § 2-1/HB 252, effective July 1, 2015.
• § 12-5-42 - Cooperative Efforts for Abatement of Pollution; Order by Director; Request for Hearing; Allowance of Reasonable Time for Abatement
  (a) Whenever the division determines that any person is discharging sewage, industrial waste, or other wastes into any waters of the state in a...
• § 12-5-43 - Administrative Hearings
  (a) Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, or by any...
• § 12-5-44 - Judicial Review
  (a) Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested...
• § 12-5-45 - Judgment in Accordance With Division's Order
  The division may file in the superior court in the county in which the person under order resides, or in the county in which...
• § 12-5-46 - Effect of Article on Rights of Action
  Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor...
• § 12-5-47 - Emergency Orders; Hearing
  Whenever the division finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency, notwithstanding any...
• § 12-5-48 - Injunctive Relief
  Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes...
• § 12-5-49 - Representation of Division and Its Agents by Attorney General and His Staff
  It shall be the duty of the Attorney General to represent the division and its agents or designate some member of his staff to...
• § 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
  Nothing in this article is intended to conflict with any provision of federal law or result in loss of eligibility for any federal funds...
• § 12-5-51 - Civil Liability
  (a) Any person who intentionally or negligently causes or permits any sewage, industrial wastes, or other wastes, oil, scum, floating debris, or other substance...
• § 12-5-52 - Civil Penalty
  (a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally,...
• § 12-5-53 - Criminal Penalty
  (a) Any person who violates any provision of this article or any permit condition or limitation established pursuant to this article or who fails,...

Last modified: October 14, 2016