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2018 Georgia Code 12-5-185 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-185 Case Law from Google Scholar Amendments to OCGA 12-5-185

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 3 WELLS AND DRINKING WATER

12-5-185. Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director.

  1. Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.
  2. Any order issued by the director under this part shall be signed by the director.
  3. Any order or permit issued by the director shall become final unless the person or persons named therein files with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons.

(Ga. L. 1977, p. 351, § 15.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Waterworks and Water Companies, §§ 2, 39.

JUDICIAL DECISIONS

Administrative law judge's final decision not subject to challenge.

- Administrative law judge's affirmance of the Georgia environmental department's denial of a city's application for an additional groundwater withdrawal permit was not error because it was based on the conditions encompassed in a prior consent order that required the city to take various measures to obtain more groundwater as there was no issue regarding whether the city's current and projected water needs could be satisfied by carrying out the provisions of the consent order, pursuant to O.C.G.A. § 12-5-96(d)(1); claims that were not challenged previously became final pursuant to O.C.G.A. § 12-5-185, and could not be collaterally attacked under res judicata principles. City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).

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