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2018 Georgia Code 12-5-25 | Car Wreck Lawyer

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 CONTROL OF WATER POLLUTION AND SURFACE-WATER USE

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 article which it deems necessary and may, after a public hearing has been provided, institute proceedings of mandamus or other proper legal proceedings to enforce this article.

(Ga. L. 1964, p. 416, § 14; Ga. L. 1971, p. 87, § 1.)

JUDICIAL DECISIONS

Condemnation action.

- O.C.G.A. § 12-5-25(b) merely requires that a Georgia Environmental Protection Division permit be obtained prior to construction on a system for the disposal or discharge of sewage or waste. Nothing in the language of the statute requires a permit before the filing of a condemnation proceeding. Ware v. Henry County Water & Sewerage Auth., 258 Ga. App. 778, 575 S.E.2d 654 (2002).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 151, 155.

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