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2018 Georgia Code 12-5-175 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-175 Case Law from Google Scholar Amendments to OCGA 12-5-175

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 3 WELLS AND DRINKING WATER

12-5-175. Fluoridation of public water systems; state funds for cost of fluoridation equipment, chemicals, and materials; tax deduction for fluoride-removing devices.

  1. The Board of Natural Resources shall have the power to require, by regulation, fluoridation of potable public water supplies in incorporated communities lying wholly within this state, provided that in no case should such fluoridation be required at a level greater than one part per million parts of water; provided, further, that any municipality or county and its water system can remove themselves from the terms of this part by referendum called by petition of 10 percent of the registered voters in such political subdivision who voted in the last general election. This applies to a referendum for or against fluoridation.
  2. No incorporated municipality, county, or public or private water authority shall be required to comply with subsection (a) of this Code section unless the state has made available funds for the cost of the fluoridation equipment, the installation of such equipment, and the materials and chemicals required for six months of fluoridation of such potable public water supplies.
  3. Any person who is deemed allergic to fluoridated water and who finds it necessary, upon the advice of a physician or upon approval by the Department of Public Health, to purchase a device to remove the fluoride from the water may treat the cost of the device as a tax-deductible medical expense.

(Ga. L. 1973, p. 148, §§ 1, 1A, 2; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in subsection (c).

Administrative Rules and Regulations.

- The fluoridation of public water supplies, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Human Resources, Chapter 290-5-19.

Drinking water fluoridation grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, § 391-3-21-03.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Referendum provisions as to removal of county from fluoridation requirement constitutional.

- Construction of subsection (a) of O.C.G.A. § 12-5-175 by a county board of elections, that a referendum petition to remove the county from the statutory requirement of fluoridation of public water must be signed by 10% of the registered voters who actually voted in the election, did not violate the constitutional rights of the petitioners to equal protection and the right to vote. Kelly v. Macon-Bibb County Bd. of Elections, 608 F. Supp. 1036 (M.D. Ga. 1985).

OPINIONS OF THE ATTORNEY GENERAL

Purpose of this part is to obtain fluoridation of the drinking water supplies of the people of this state to improve dental health. 1973 Op. Att'y Gen. No. 73-181 (see O.C.G.A. Pt. 5, Art. 3, Ch. 5, T. 12).

Fluoridation authorization limited to incorporated communities.

- This part empowers the Department of Natural Resources to require fluoridation of the water supplies of incorporated communities only. 1973 Op. Att'y Gen. No. 73-181 (see O.C.G.A. Pt. 5, Art. 3, Ch. 5, T. 12).

Requirements for signing referendum petition.

- Person signing a petition calling for county or city referendum on question of fluoridation must be registered voter at time of signing and must have voted in last general election. 1982 Op. Att'y Gen. No. 82-37.

Effect of fluoridation grant agreement.

- Garden City may hold a referendum pursuant to O.C.G.A. § 12-5-175 to determine whether the city desires to remove itself from state fluoridation requirements even after signing a fluoridation grant agreement with the Department of Natural Resources; however, after signing such agreement, Garden City may not avoid the terms thereof, notwithstanding the outcome of the referendum. 1984 Op. Att'y Gen. No. U84-43.

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Initiative and Referendum, §§ 6, 7. 78 Am. Jur. 2d, Waterworks and Water Companies, § 40.

C.J.S.

- 82 C.J.S., Statutes, § 167. 94 C.J.S., Waters, § 641 et seq. 85 C.J.S., Taxation, § 1882 et seq.

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