O.C.G.A. § 2-6-52 (2019)
Creation of Agricultural Water Conservation Incentive Program; purpose; participation; funding
(a) There is created the Agricultural Water Conservation Incentive Program. The program shall be developed, implemented, and supervised by the State Soil and Water Conservation Commission.
(b) The purpose of the program shall be to provide incentives to agricultural producers to foster water conservation and enhance water quality.
(c) Participation in the program shall be voluntary.
(d) The program shall include all 159 counties and 40 soil and water conservation districts.
(e) Priority designations for inclusion in the program shall be under the authority of the State Soil and Water Conservation Commission.
(f ) Areas shall be included in the program as the funds are appropriated and the technical assistance becomes available from the local soil and water conservation district or the State Soil and Water Conservation Commission.
(g) Funding may be provided to assist practices including but not limited to diversions, filter strips, fencing along streams, field borders, alternative watering systems, critical area plantings, grassed waterways, terraces, surface-water retention structures, heavy-use areas, closures of farm animal manure lagoons, riparian buffers or equivalent controls, animal manure waste systems and application, manure stack houses and other manure-holding structures, irrigation system enhancements, and other projects that foster water conservation and enhance water quality.
(h) Priority designation for inclusion in this program for state funding shall be given to projects that foster water conservation and enhance water quality. To be eligible for cost share funds under this Code section, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality.
History
Code 1981, § 2-6-52, enacted by Ga. L. 2004, p. 341, § 1.
CHAPTER 7 PLANT DISEASE, PEST CONTROL, AND PESTICIDES Sec.
Article 1 General Provisions Sec.
Short title. Definitions. Division of Entomology established. Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized. Duty of Commissioner generally. Publication of information and advice. Cooperative agreements. Purchases and expenditures. Investigations authorized; employment of experts; rental, lease, or purchase of land. Inspection of plants and other things capable of disseminating or carrying plant pests. Nursery inspections; rules governing nursery stock and plants in transit. Treatment, cutting, or destruction of infested trees, plants, or other things or substances. Interception and inspection of plants, plant products, or other things or substances in transit; disposition. Demand for information; penalty. Declaration of public nuisance authorized. Notice of declaration of nuisance; prescription of treatment; right of appeal. Treatment of nuisance by department where owner fails to act; lien for expenses; compensation not allowed. Judicial proceeding where owner refuses to act or to permit Commissioner to act; expenses and court costs. Investigation on citizens’ com-
plaint; notice to owner; treatment or destruction of affected plants or other things or substances; costs. Declaration of quarantine; violation unlawful. Registration of certain growers. Assessment of costs. Promulgation of rules and regulations; publication thereof. Administrative review of rules and notices. Required compliance with article and rules. Importation of injurious insect or plant disease without permit prohibited. Report of violations; investigation and disposition. Act of agent imputed to principal. Enforcement of article generally; criminal proceedings; subpoena powers. Injunctions; violations declared public nuisances. Penalty. Article 2 Control of Pesticides
Short title. Purpose of article; legislative findings. Definitions. Meaning of ‘‘misbranded.’’ Commissioner to administer article. Registration required; exceptions; contents of application; fees; renewal; special local needs. Issuance of experimental use permits; terms; revocation or modification. Licensing of restricted use pesticide dealers required; application; fees; responsibility of dealer.
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PLANT DISEASE, PEST CONTROL, & PESTICIDES Sec. Denial, suspension, or revocation of license, registration, or permit. Grounds for denial, suspension, or cancellation of registration of pesticides formulated to meet local needs or for seeking legal recourse against them; notice and hearing; judicial review. Subpoena powers. Records to be kept; access by Commissioner; confidentiality. Prohibited acts; exemptions. Powers of Commissioner generally; rules and regulations. Delegation of duties. Cooperation with federal and state agencies; grants-in-aid. Disposition of funds [Repealed]. Publication of information. Designation of trade secrets by applicant; protection from public disclosure; notification of proposed release; declaratory judgment. Sampling and inspections authorized; notice of contemplated proceedings; search warrants; duty of enforcement; injunctions; written warnings authorized for minor violations. Stop sale, use, or removal order. Judicial actions after stop sale, use, or removal order generally; injunctions; condemnation; disposition of condemned pesticide or device; costs and expenses. Effect of article on certain other laws. Penalties. Article 3
Use and Application of Pesticides
Short title. Purpose of article; legislative findings. Definitions. Commissioner to administer
article; appointment of Pesticide Advisory Board. Delegation of duties. Publication of information; instruction. Cooperative agreements; grants-in-aid. Promulgation of rules and regulations authorized; notice and hearing; restricted use pesticide classifications and state restricted pesticide uses; declaration of pests; reports to Environmental Protection Agency. Classification of certifications and licenses; standards for certification of applicators. Licensing requirements; applications; issuance; fees; renewal. Reciprocal examination waiver. Renewals of licenses, permits, or certifications; penalty for late renewals. Grounds for denial, suspension, revocation, or modification of license, permit, or certification. Evidence of financial responsibility required; amount of bond, insurance, or cash deposit; notice of reduction or cancellation. Records to be kept; inspection thereof. Equipment inspection; requirement of repairs or other changes. Transportation, storage, and disposal of pesticides and pesticide containers. Inspections; search warrants; injunctions. Subpoena powers. Judicial review of Commissioner’s actions. Reports of pesticide accidents; claim of damage; notification; inspection; effect of failure to file; failure to permit observation as bar to claim. Applicability of article to gov-
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ernmental entities; liability of such entities.
Annotations
Cross references. - Preservation of forest resources and other plant life generally, T. 12, C. 6.
Authority of Commissioner to quarantine animals bearing residue of pesticides, insecticides, and other chemicals, § 26-2-150 et seq.
Persons engaged in structural pest control, T. 43, C. 45.
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ARTICLE 1 GENERAL PROVISIONS
Code Commission notes. - Ga. L. 1937, p. 659 § 19, which forms the basis for this article, reads as follows: "It is hereby declared to be the purpose of this Act to repeal and supersede all previous legislation upon the subject of the State Entomologist, his powers, duties and functions with respect to injurious insects, plant diseases and other kindred subjects formerly placed under his control, and supervision, (with the exception of the Act approved March 28, 1935 (Ga. Laws 1935, page 461) relating to the fraudulent sale of plants), to repeal and supplant all chapters and sections referred to and to be considered as exhaustive of the subject of the powers, duties and functions of the State Entomologist with respect to the aforesaid subjects."
Administrative Rules and Regulations. - Entomology and plant industry, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of the Georgia Department of Agriculture, Chapter 40-4.
OPINIONS OF THE ATTORNEY GENERAL
Commissioner empowered to delegate authority to sign checks. - The director of entomology (now Commissioner) has the power to delegate to an assistant the authority to sign checks. 1954-56 Op. Att'y Gen. p. 4.
RESEARCH REFERENCES
ALR. - Exterminator's tort liability for personal injury or death directly resulting from operations, 29 A.L.R.4th 987.