TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 5 RIVERS AND RIVER BASINS

12-5-374. Powers and duties of board as to dams and artificial barriers.

In the performance of its duties, the board shall:

1. Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this part, including, but not limited to, the following:
   1. Requiring that the engineer who provides engineering design services for a dam constructed after July 1, 1978, certify to the director that he is registered by the State of Georgia and that he has the necessary training and experience to design such dam, and requiring that the engineer attach such certification to the application for permit;
   2. Requiring that, if the engineer determines that a geological investigation of the dam site is advisable, such investigation shall be conducted by a professional geologist registered to practice in the State of Georgia;
   3. Requiring that the engineer who undertakes the design of a dam constructed after July 1, 1978, submit to the director all documentation of the analysis and calculations for such design and the as-built drawings for such dam;
   4. Requiring that an approved plan for inspection and maintenance be put into effect by the owner or operator for any permitted dam;
   5. Requiring that the owner of a dam immediately notify the division of the occurrence of symptoms of failure, including, but not limited to, erosion, surface cracks, seepage, settlement, or movement;
   6. Requiring that prior to construction of a dam the owner shall provide the board of commissioners or other governing authority of the county in which the dam is to be constructed with the name and address of the person owning such dam and the person having direct responsibility for the operation of such dam. In addition, the owner shall have recorded on the official land plat for the county the location of such dam;
2. Establish by rule or regulation such criteria to be included in dam construction and operation application forms;
3. Establish by rule or regulation such standards necessary to govern the inspection of permitted dams; and
4. Adopt, modify, repeal, and promulgate such other rules and regulations relating to dam safety as are necessary and proper to carry out the purposes of this part, including Code Section 12-5-375.

(Ga. L. 1978, p. 795, § 12; Ga. L. 1982, p. 2339, §§ 6, 9; Ga. L. 1984, p. 454, § 3.)