TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 13. Underground Storage Tanks, 12-13-1 through 12-13-22.

ARTICLE 7 ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT

ARTICLE XI PUBLIC PARTICIPATION

12-13-6. Powers and duties of director.

1. The director shall have and may exercise the following powers and duties:
   1. To exercise general supervision over the administration and enforcement of this chapter and all rules, regulations, and orders issued under this chapter;
   2. To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to underground tank storage of regulated substances in this state as he deems advisable and necessary;
   3. To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, the rules and regulations promulgated under this chapter, and any orders which the director may issue;
   4. To enter into such contracts as may be convenient, required, or necessary to effectuate the provisions of this chapter or the rules and regulations promulgated under this chapter, including the administration of the state underground storage tank program;
   5. To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this chapter and the federal act for the control, regulation, and monitoring of underground tank storage of regulated substances in this state;
   6. To conduct such public hearings as are required by this chapter or as he deems necessary for the proper administration of this chapter and to control and manage the conduct procedure for such public hearings;
   7. To advise, consult, cooperate, and contract on underground tank storage of regulated substance matters with other agencies of this state, political subdivisions thereof, and other designated organizations or entities; and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities;
   8. To collect and disseminate information and to provide for public notification in matters relating to underground tank storage of regulated substances;
   9. To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with the provisions of this chapter and all rules and regulations promulgated under this chapter;
   10. To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative and civil proceedings to enforce the provisions of this chapter, the rules and regulations promulgated under this chapter, or any orders issued under this chapter;
   11. To accept, receive, administer, or disperse funds obtained from bond issues of the state or authorities of the state or from general appropriations or grants from public or private sources for the purpose of proper administration of this chapter or for carrying out any of the duties, powers, or responsibilities under this chapter, to enter into such agreements as the director deems appropriate to accomplish such purpose, and to repay such funds when the terms of the grant, bond issue, or general appropriation require repayment;
   12. To grant variances in accordance with the provisions of this chapter and the rules and regulations promulgated under this chapter, provided such variances are not inconsistent with the federal act and rules or regulations promulgated under such act;
   13. To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter;
   14. To assure that the State of Georgia complies with the federal act and retains maximum control under such act and receives all desired federal grants, aid, and other benefits;
   15. To require any person who is an owner or operator of an underground storage tank to notify the division in writing as provided by this chapter;
   16. To require any person who is an owner of an underground storage tank taken out of operation after January 1, 1974, to notify the division in writing as provided by this chapter;
   17. To maintain an inventory of underground tanks within the state, including such information as location, identity, quantity, method of storage, owners and operators, and any other information which the director may deem necessary to administer and enforce this chapter;
   18. To adopt, promulgate, modify, amend, and repeal criteria for the identification of regulated substances and the determination of whether any substance or combination of substances is regulated for the purposes of this chapter;
   19. To establish underground storage tank technical standards for the state provided they are in all cases consistent with those provided by the federal act;
   20. To take all necessary steps to ensure that the administration of this chapter is consistent with and equivalent to the provisions of the federal act and any standards, rules, or regulations, promulgated under such act; and
   21. To exercise all incidental powers necessary to carry out the purposes of this chapter.
2. The powers and duties provided for in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized employees of the department as the director deems necessary and proper.

(Code 1981, §12-13-6, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1999, p. 658, § 1.)