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2018 Georgia Code 12-5-31.1 | 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

12-5-31.1. Applications, permits, and variances for public water supply reservoirs.

  1. Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under Code Section 12-5-31 and Sections 401 and 404 of the federal Clean Water Act, 33 U.S.C. Sections 1341 and 1344, are required, the division shall make available in a single collection copies of all forms necessary for the purposes of making applications for such permits.
  2. The period for granting or denying a permit application provided by subparagraph (c)(1)(A) of Code Section 12-2-2 shall likewise apply to decisions to issue certifications for purposes of Section 401 of the federal Clean Water Act, 33 U.S.C. Section 1341, justifications of need, and minimum instream flow certifications for construction of a new public water supply reservoir by a local government entity; and such shall be issued simultaneously to a local government entity that is a qualified applicant.
  3. The division shall issue an affirmative variance from the requirements of Chapter 7 of this title, consistent with the exemption granted by paragraph (11) of Code Section 12-7-17, to a permittee within seven days after granting the permit and issuing the certifications and documents specified under subsection (b) of this Code section.

(Code 1981, §12-5-31.1, enacted by Ga. L. 2008, p. 644, § 1-4/SB 342.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, Code Section 12-5-483, as enacted by Ga. L. 2008, p. 644, § 1-4/SB 342, was redesignated as Code Section 12-5-31.1.

Editor's notes.

- Ga. L. 2008, p. 644, § 1-1/SB 342, not codified by the General Assembly, provides that: "This part shall be known and may be cited as the 'Water Conservation and Drought Relief Act.'"

Ga. L. 2008, p. 644, § 5-1/SB 342, not codified by the General Assembly, provides in part that this Code section shall apply to all applications pending on or after July 1, 2008.

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