O.C.G.A. § 12-5-550 (2019)
Repayment penalty; notice of violation; time limit to respond to notice of violation; failure to respond to notice of violation
(a) A repayment penalty in the amount of three times the dollar amount of payments received from the drought protection funds shall be paid by any person who irrigates in violation of an agreement entered into in accordance with Code Section 12-5-546 or in violation of an order issued by the director in accordance with Code Section 12-5-547. Such penalties shall be assessed on a per violation basis. A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order.
(b) Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547, the director shall send via certified mail or statutory overnight delivery a notice of violation to the permittee stating:
(1) The date on which the violation occurred;
(2) The facts constituting the violation and a statement that such facts will be deemed admitted unless denied by petition for hearing; and
(3) The total dollar amount of repayment penalties owed by the permittee, together with a demand that said amount be paid in full within 30 days of the permittee's receipt of the notice.
(c) A permittee receiving a notice of violation pursuant to this Code section shall have 30 days from receipt thereof either to pay in full the total amount of repayment penalties set forth in the notice or to submit a petition challenging such notice to the director. If a petition is filed within the required time, then a hearing shall be conducted with respect to same in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations applicable thereto.
(d) If a permittee receiving a notice of violation pursuant to this Code section does not either pay the total amount of repayment penalties or submit a petition challenging the notice, then the facts set out in the notice shall be deemed admitted and the director shall issue an order to the permittee, assessing the total repayment penalties due from the permittee as set forth in the notice of violation and requiring payment of same within 30 days of issuance of the order. Any order issued by the director pursuant to this subsection shall be deemed final, and no hearing or appeal may be taken.
History
(Code 1981, § 12-5-550, enacted by Ga. L. 2000, p. 458, § 1; Ga. L. 2001, p. 1212, § 3.)
Annotations
Cross references. - Water rights, T. 44, C. 8. Protection of tidewaters, T. 52, C. 1, A. 1. Right of passage on navigable streams and rivers, T. 52, C. 1, A. 2. Intracoastal waterway, T. 52, C. 3. River and harbor development, T. 52, C. 9.
Sec.
Advisory councils. Model ordinances for effective storm-water management and for a district-wide watershed management plan; annual review; public meetings; certification by director; local compliance. Short-term and long-term plans for waste-water management plan; annual review; public meetings; certification by director. Water supply and water conservation management plan; interbasin transfers. Education and public awareness. Annual report detailing activities and progress.
Law reviews. - For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For article, ‘‘From Marshes to Mountains, Wetlands Come Under State Regulation,’’ see 41 Mercer L. Rev. 865 (1990).
RESEARCH REFERENCES Am. Jur. Trials. - Challenging Wetland Regulation of Land Development, 53 Am. Jur. Trials 511.
ARTICLE 1 GENERAL PROVISIONS Editor’s notes. - This article formerly contained a Code Section 12-5-4, which was repealed by Ga. L. 1981, p. 987, § 5, effective April 9, 1981. The former Code
section pertained to declaration of need for regulation of water related recreational events and was based on Ga. L. 1973, p. 1449, §§ 2-5.
RESEARCH REFERENCES ALR. - Water sports, amusements, or exhibitions as nuisance, 80 A.L.R.2d 1124. Measure and elements of damages for
pollution of well or spring, 76 A.L.R.4th 629.