2018 Georgia Code Annotated

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Chap.

• 1. General Provisions, 12-1-1 through 12-1-2.
• 2. Department of Natural Resources, 12-2-1 through 12-2-24.
• 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.
• 4. Mineral Resources and Caves, 12-4-1 through 12-4-147.
• 5. Water Resources, 12-5-1 through 12-5-586.
• 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.
• 6A. Land Conservation, 12-6A-1 through 12-6A-12.
• 6A. Outdoor Stewardship, 12-6A-1 through 12-6A-12.
• 7. Control of Soil Erosion and Sedimentation, 12-7-1 through 12-7-22.
• 8. Waste Management, 12-8-1 through 12-8-210.
• 9. Prevention and Control of Air Pollution, 12-9-1 through 12-9-70.
• 10. Interstate Compacts, 12-10-1 through 12-10-110.
• 11. Georgia Youth Conservation Corps, 12-11-1 through 12-11-11.
• 12. Asbestos Safety, 12-12-1 through 12-12-21.
• 13. Underground Storage Tanks, 12-13-1 through 12-13-22.
• 14. Oil or Hazardous Material Spills or Releases, 12-14-1 through 12-14-4.
• 15. Sewage Holding Tanks and Commercial Waste, 12-15-1 through 12-15-24.
• 16. Environmental Policy and Regulations, 12-16-1 through 12-16-23.
• 17. Petroleum Pipelines, 12-17-1 through 12-17-6.

Chapter 1. General Provisions, 12-1-1 through 12-1-2.

• 12-1-1. "Department" defined.
• 12-1-2. References to administrative law judge or hearing officer; references to final decision of Board of Natural Resources; filing request for administrative review.

Chapter 2. Department of Natural Resources, 12-2-1 through 12-2-24.

Article 1 General Provisions.

• 12-2-1. Department created; commissioner of natural resources; affirmation of board decision by operation of law; appellate review.
• 12-2-2. Environmental Protection Division; Environmental Advisory Council; duties of council and its members and director; appeal procedures generally; permit applications; inspections.
• 12-2-3. Departmental purposes.
• 12-2-4. Powers and duties of department.
• 12-2-5. Essential services for inhabitants of coastal islands authorized.
• 12-2-6. Authority to arrange for and accept federal aid and cooperation; volunteer services; cooperation with other government entities and civic organizations; creation of nonprofit corporation.
• 12-2-7. Duty to advise Governor on environmental matters.
• 12-2-8. Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers.
• 12-2-9. Accreditation of commercial analytical laboratories submitting regulatory data.
• 12-2-10. Qualifications to practice public soil science.
• 12-2-11. Control of aviation; power of department.

Article 2 Board of Natural Resources.

• 12-2-20. Short title.
• 12-2-21. Composition of Board of Natural Resources; appointment and confirmation of members; terms of members; vacancies.
• 12-2-22. Oath of office; bond.
• 12-2-23. Officers; meetings; quorum; compensation of members; reimbursement of members for expenses.
• 12-2-24. Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies.

Chapter 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

Article 1 General Provisions.

Part 1 GENERAL PROVISIONS.

• 12-3-1. Duties and powers of department as to recreational policies and programs.
• 12-3-2. Disposition of miscellaneous funds by department.
• 12-3-3. Powers of department as to projects generally.
• 12-3-4. Powers of department and Board of Natural Resources as to Lake Lanier Islands Development.
• 12-3-5. Authority of state to make grants, leases, contracts, and cooperative agreements in regard to public-use areas; powers of department.
• 12-3-6. Federal Land and Water Conservation Fund Act of 1965 - Creation of office for administration of federal funds.
• 12-3-7. Federal Land and Water Conservation Fund Act of 1965 - Designation of office as state agency to deal with secretary of interior; powers of head of office.
• 12-3-8. Federal Land and Water Conservation Fund Act of 1965 - Establishment of state assistance fund to provide matching funds for local recreational projects; limitations on use of fund; approval of projects by federal government.
• 12-3-9. Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas.
• 12-3-9.1. Discount for certified disabled veterans.
• 12-3-10. Directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations; prohibited acts generally.
• 12-3-10.1. Directing persons to leave parks, historic sites, or recreation areas; penalty.
• 12-3-11. Civil penalty; reports to department by clerk of court regarding disposition of actions; compensation of clerk for reports.
• 12-3-12. Notification of local governing authorities prior to certain significant changes in services at state parks, historic sites, or recreational areas.

Part 2 RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE.

• 12-3-20. Creation of committee; members and organization; duty to review operations of Stone Mountain Memorial Association, Jekyll Island - State Park Authority, North Georgia Mountains Authority, and Lake Lanier Islands Development Authority.
• 12-3-21. Assistance by state officers and agencies.
• 12-3-22. Reporting requirements; enforcement.
• 12-3-23. Evaluation criteria.
• 12-3-24. Authorized expenditures; compensation of members; funding.
• 12-3-25. Information required in annual reports.

Article 2 State Parks and Recreational Areas Generally.

• 12-3-30. Definitions.
• 12-3-31. Parks and recreational areas acquired by state as constituting state park system; control and management of system by department.
• 12-3-32. Powers and duties of department as to parks and recreational areas and facilities.
• 12-3-33. County and municipal aid to state park system.
• 12-3-34. Permits for construction, maintenance, and use of boat docks and boat shelters on High Falls Lake.

Article 3 Historic Areas.

Part 1 GENERAL PROVISIONS.

• 12-3-50. Powers and duties of department as to historic preservation and promotion.
• 12-3-50.1. Grants for preservation of "historic properties"; additional powers and duties of department.
• 12-3-50.2. Georgia Register of Historic Places.
• 12-3-51. Grants and gifts to department.
• 12-3-52. Archeological exploration, excavation, or surveying; administrative appeal of department orders.
• 12-3-53. State archeologist.
• 12-3-54. Penalty.
• 12-3-55. General provisions; preservation of state owned historic properties.
• 12-3-56. Revitalization of central business districts; government presence in historic districts.
• 12-3-57. Legislative findings; historical and cultural museum assistance program; responsibilities.
• 12-3-58. Powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; historic preservation grant program.

Part 2 HERITAGE TRUST PROGRAM.

• 12-3-70. Short title.
• 12-3-71. Legislative purpose.
• 12-3-72. Definitions.
• 12-3-73. Creation of Heritage Trust Commission; appointment and criteria for selection of members; terms of office; reimbursement of members for expenses; duties.
• 12-3-74. Powers and duties of board as to Heritage Trust Program.
• 12-3-75. Dedication of property as a heritage preserve.
• 12-3-76. Use of heritage preserves; state authorized to transfer interest in heritage preserve property to county or local government upon certain conditions.
• 12-3-77. Effect on protected status of property of dedication or other action taken by board.

Part 3 SUBMERGED CULTURAL RESOURCES.

• 12-3-80. "Submerged cultural resources" defined; title and exclusive right to regulate investigation, survey, and recovery; exceptions.
• 12-3-81. Department named custodian of submerged cultural resources; rules and regulations; reporting findings; duties of state archeologist.
• 12-3-82. Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits.
• 12-3-82.1. Permits for investigation, survey, or recovery of deadhead logs [Repealed].
• 12-3-83. Prohibited acts constituting misdemeanor.

Article 4 Natural Areas.

• 12-3-90. Short title.
• 12-3-91. Legislative findings and declaration of purpose.
• 12-3-92. "Natural areas" defined.
• 12-3-93. Powers and duties of department as to natural areas.
• 12-3-94. Appropriation of funds to department.

Article 5 Scenic Trails.

• 12-3-110. Short title.
• 12-3-111. Legislative purpose.
• 12-3-112. "System" defined.
• 12-3-113. Duties and powers of department as to system; requirements as to title to land traversed by system.
• 12-3-114. Policies to guide department in creating and administering system.
• 12-3-115. Construction of bicycle trails and bikeways by Department of Transportation.
• 12-3-116. Responsibility and liability of owners of premises traversed by system.
• 12-3-117. Adoption and promulgation of rules and regulations by Board of Natural Resources.

Article 6 Memorials.

Part 1 FRANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION [Repealed].

• 12-3-130 through 12-3-133 [Repealed.]

Part 2 FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL.

• 12-3-150. Duty of department to administer and maintain memorial.
• 12-3-151. Powers of department.
• 12-3-152. Franklin D. Roosevelt Warm Springs Memorial Advisory Committee created; composition; duties of committee; officers; quorum; reimbursement for expenses; appointment of successors; terms of members.
• 12-3-153. Construction of part.

Part 3 TY COBB MEMORIAL.

• 12-3-170. Making and developing plans for administration and maintenance of memorial or shrine.
• 12-3-171. Powers of department as to memorial or shrine.
• 12-3-172. Construction of part.

Part 4 STONE MOUNTAIN MEMORIAL ASSOCIATION.

• 12-3-190. Short title.
• 12-3-191. Definitions.
• 12-3-192. Creation of association.
• 12-3-192.1. Purposes of association.
• 12-3-193. Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records.
• 12-3-194. Powers of association generally.
• 12-3-194.1. Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia.
• 12-3-194.2. Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put.
• 12-3-195. Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due.
• 12-3-196. Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services.
• 12-3-197. Transfer of funds to association.
• 12-3-198. Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way.
• 12-3-199. Association fund.
• 12-3-200. Revenue bonds - Power of association to adopt resolutions providing for and to issue bonds.
• 12-3-201. Revenue bonds - Sale by public competitive bidding; determination of price and rate of interest; dating of bonds; payment of principal and interest; time of maturity.
• 12-3-202. Revenue bonds - Form; denominations; place of payment of principal and interest; issuance in coupon or registered form.
• 12-3-203. Revenue bonds - Signatures; seal.
• 12-3-204. Revenue bonds - Status as negotiable instruments; tax exemption for bonds and income therefrom.
• 12-3-205. Revenue bonds - Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.
• 12-3-206. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.
• 12-3-207. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.
• 12-3-208. Revenue bonds - Immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.
• 12-3-209. Revenue bonds - Status as constituting debt or pledge of credit of state; effect of issuance of bonds on obligation of state to tax or make appropriations; recitals on face of bonds.
• 12-3-210. Revenue bonds - Securing bonds by trust indenture.
• 12-3-211. Revenue bonds - Designation of recipient of bond proceeds.
• 12-3-212. Revenue bonds - Establishment of sinking funds for payment of principal, interest, and other costs.
• 12-3-213. Revenue bonds - Revenue refunding bonds.
• 12-3-214. Revenue bonds - Remedies of bondholders, coupon holders, and trustee.
• 12-3-215. Revenue bonds - Status as legal investment and as securities for deposits.
• 12-3-216. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.
• 12-3-217. Revenue bonds - Validation.
• 12-3-218. Moneys received by association as constituting trust funds; bondholders' lien on funds.
• 12-3-219. Association property, activities, income, and bonds exempt from taxation and assessment; facilities, services, and charges subject to certain taxes.
• 12-3-220. Venue and jurisdiction for actions under part.

Article 7 Public Authorities.

Part 1 JEKYLL ISLAND-STATE PARK AUTHORITY.

• 12-3-230. Short title.
• 12-3-231. Definitions.
• 12-3-232. Creation of authority as instrumentality of state and public corporation; delegation of powers and duties; duration of existence.
• 12-3-233. Appointment of members; terms; vacancies; officers; quorum; reimbursement for expenses; members as constituting policy-making body of authority; executive director.
• 12-3-233.1. Jekyll Island Citizens Resource Council; purpose; members; meetings; reimbursement for expenses.
• 12-3-234. Accountability of authority members as trustees; maintenance of financial records and books; creation of Jekyll Island-State Park Authority Oversight Committee.
• 12-3-235. Powers of authority generally.
• 12-3-236. Exercise of police power of authority; delegation of power to state or county.
• 12-3-236.1. Adoption and enforcement of ordinances and resolutions.
• 12-3-236.2. Continuation of ordinances and resolutions of authority in force as of April 13, 1981.
• 12-3-237. Rules and regulations for operation of projects authorized.
• 12-3-238. Easements and rights of way for intracoastal waterway.
• 12-3-239. Establishment of museum.
• 12-3-240. Transfer of funds to authority; cooperation between authority and department.
• 12-3-241. Lease to authority of Jekyll Island, adjacent marshes and marsh islands, rights of way, and rights and privileges of every kind.
• 12-3-242. Lease payments by authority as constituting good, valuable, and sufficient consideration.
• 12-3-243. Subdivision, improvement, lease, or sale of island by authority - Limitations on developed area; beaches to remain free and open; protected areas; disposition of proceeds of sale; creation of reserve fund; signing conveyances.
• 12-3-243.1. Master plan as to Jekyll Island; maintenance; contents; adherence to plan; amendments.
• 12-3-244. Subdivision, improvement, lease, or sale of island by authority - Sale and lease restrictions.
• 12-3-245. Subdivision, improvement, lease, or sale of island by authority - Term of leases; assignment; preservation, continuance, and survival of rights and privileges.
• 12-3-246. Subdivision, improvement, lease, or sale of island by authority - Limitation as to number of lots to be leased or sold to one party.
• 12-3-247. Subdivision, improvement, lease, or sale of island by authority - Conditions on sale of residential lots; sale of commercial property; sale price; payment of state's share into state treasury.
• 12-3-248. Subdivision, improvement, lease, or sale of island by authority - Sales of property for which approval by General Assembly is required.
• 12-3-249. Subdivision, improvement, lease, or sale of island by authority - Publication of schedule of lease rentals; applications exceeding available lots; leasing by negotiation; leases as constituting contracts.
• 12-3-250. Subdivision, improvement, lease, or sale of island by authority - Conversion prices of lots.
• 12-3-251. Subdivision, improvement, lease, or sale of island by authority - Leases to counties for charitable purposes.
• 12-3-252. Revenue bonds - Issuance by authority; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; medium of payment; redemption before maturity.
• 12-3-253. Revenue bonds - Form of bonds; denominations; place of payment of principal and interest; issuance in coupon or registered form; registration of coupon bonds.
• 12-3-254. Revenue bonds - Signatures; seal.
• 12-3-255. Revenue bonds - Status as negotiable instruments.
• 12-3-256. Revenue bonds - Manner of sale; determination of price.
• 12-3-257. Revenue bonds - Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.
• 12-3-258. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.
• 12-3-259. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.
• 12-3-260. Revenue bonds - Bonds of a single issue as payment for one or more projects; immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.
• 12-3-261. Revenue bonds - Status as constituting debt or pledge of faith and credit of state; effect of issuance on obligation of state to tax or make appropriation; recitals on face of bonds.
• 12-3-262. Revenue bonds - Securing by trust indenture.
• 12-3-263. Revenue bonds - Payment of proceeds to trustee.
• 12-3-264. Revenue bonds - Pledging and allocating funds to payment of bonds; establishment of sinking fund for payment of principal, interest, and other costs.
• 12-3-265. Revenue bonds - Remedies of bondholders, coupon holders, and trustees.
• 12-3-266. Revenue bonds - Revenue refunding bonds.
• 12-3-267. Revenue bonds - Status as legal investment and as securities for deposits.
• 12-3-268. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.
• 12-3-269. Revenue bonds - Validation.
• 12-3-270. Use of rentals and other charges collected from leases and contracts for projects; obligations under lease contracts with authority; failure or refusal of lessee to perform; assignment of rentals due.
• 12-3-271. Utilization of income and revenues.
• 12-3-272. Acceptance by authority of grants and contributions.
• 12-3-273. Moneys received by authority as constituting trust funds.
• 12-3-274. Authority property, activities, income, and bonds exempt from taxation and assessment.
• 12-3-275. Venue and jurisdiction for actions under part.
• 12-3-276. Supplemental nature of part.
• 12-3-277. Construction of part.

Part 2 NORTH GEORGIA MOUNTAINS AUTHORITY.

• 12-3-290. Creation of authority as constituting instrumentality of state and public corporation; delegation of powers and duties; duration of authority's existence.
• 12-3-291. Definitions.
• 12-3-292. Membership of authority; officers; bylaws; quorum; action by majority vote; vacancies; reimbursement for expenses; compensation of employees.
• 12-3-293. Accountability of members as trustees; maintenance of financial records and books; submitting records, books, and statement of financial position to state auditor.
• 12-3-294. Powers of authority generally.
• 12-3-294.1. Master plan; creations; contents; notice and hearing on preliminary plan; adherence to plan; amendment.
• 12-3-295. Security officers.
• 12-3-296. Provision of legal services by Attorney General.
• 12-3-297. Lease of state lands to authority.
• 12-3-298. Revenue bonds - Issuance for purpose of paying for cost of projects.
• 12-3-299. Jurisdiction of authority.
• 12-3-300. Approval of indebtedness by Georgia State Financing and Investment Commission.

Part 3 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY.

• 12-3-310. Definitions.
• 12-3-311. Creation of authority; delegation of powers and duties; duration of authority's existence.
• 12-3-312. Membership of authority; election of officers; bylaws; quorum; action by majority vote; voting by proxy; effect of vacancy; reimbursement for expenses; compensation of employees.
• 12-3-313. Accountability of members as trustees; maintenance of financial records and books; submitting records, books, and statement of financial position to state auditor.
• 12-3-314. Powers of authority generally.
• 12-3-314.1. Master plan; creation; contents; notice and hearing on preliminary plan; adherence to plan; amendment.
• 12-3-315. Exercise of police powers by authority; delegation of powers.
• 12-3-316. Security force.
• 12-3-317. Lease payments by authority as constituting good, valuable, and sufficient consideration.
• 12-3-318. Purposes for which income, gifts, grants, appropriations, bonds, or loans may be used; consultation with others; projects for Lake Lanier Watershed area.
• 12-3-319. Location, construction, improvement, and maintenance of highways, streets, roads, and rights of way.
• 12-3-320. Power of authority to survey, subdivide, improve, and lease island property.
• 12-3-321. Restrictions under lease; restrictions on subleasing.
• 12-3-322. Leasing of property by competitive bidding.
• 12-3-323. Revenue bonds - Power of authority to issue bonds; payment of principal and interest; dating of bonds; determination of maturity dates, interest rates, and medium of payments; redemption before maturity.
• 12-3-324. Revenue bonds - Form of bonds; interest coupons; denominations; place of payment; issuance in coupon or registered form; registration of coupon bonds.
• 12-3-325. Revenue bonds - Signatures; seal.
• 12-3-326. Revenue bonds - Status as negotiable instruments; tax exemption for bonds and income therefrom.
• 12-3-327. Revenue bonds - Manner of sale; determination of price; use and manner of disbursement of proceeds.
• 12-3-328. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.
• 12-3-329. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.
• 12-3-330. Revenue bonds - Bonds; application of bonds of a single issue as payment for one or more projects; immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.
• 12-3-331. Revenue bonds - Status as constituting debt or pledge of faith or credit of state; effect of issuance on obligation of state to tax or make appropriations; recitals on face of bonds.
• 12-3-332. Revenue bonds - Securing by trust indenture.
• 12-3-333. Revenue bonds - Designation of recipient of bond proceeds.
• 12-3-334. Revenue bonds - Establishment of sinking fund for payment of principal, interest, and other costs.
• 12-3-335. Revenue bonds - Remedies of bondholders, coupon holders, and trustees.
• 12-3-336. Revenue bonds - Revenue refunding bonds.
• 12-3-337. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.
• 12-3-338. Revenue bonds - Validation.
• 12-3-339. Authority property, activities, income, and bonds exempt from taxation and assessment.
• 12-3-340. Conflicts of interest; applicability of other laws regulating conduct; contracts voidable by authority.
• 12-3-341. Venue and jurisdiction of actions under part.

Part 4 KINCHAFOONEE LAKE AUTHORITY.

• 12-3-360 through 12-3-378 [Repealed].

Part 5 THE GREAT PARK AUTHORITY.

• 12-3-390 through 12-3-397 [Repealed].

Part 6 OCONEE RIVER GREENWAY AUTHORITY.

• 12-3-400. Short title.
• 12-3-401. Definitions.
• 12-3-402. Creation; membership; compensation; qualifications; accountabilities; assignment.
• 12-3-403. Purpose and nature of authority.
• 12-3-404. General powers.
• 12-3-405. Exemption from taxation.
• 12-3-406. Police powers.
• 12-3-407. Security force.
• 12-3-408. Receipt of moneys deemed to be trust funds.
• 12-3-409. Authority to fix rentals and other charges for use of project.
• 12-3-410. Attorney General providing legal services.
• 12-3-411. Jurisdiction of actions under this part.
• 12-3-412. Applicability of Chapter 10 of Title 45.
• 12-3-413. Issuance of bonds.
• 12-3-414. Authorization of Governor.

Part 7 SAPELO ISLAND HERITAGE AUTHORITY.

• 12-3-440. Short title.
• 12-3-441. Legislative findings.
• 12-3-442. Definitions.
• 12-3-443. Creation; power to contract and sue; assignment to Department of Natural Resources.
• 12-3-444. Membership; officers; compensation; quorum; meetings.
• 12-3-445. Powers and duties.
• 12-3-446. Authority's property subject to inventory requirements; conveyances not subject to filing requirements.
• 12-3-447. Authority's property not subject to adverse possession or prescription.
• 12-3-448. Authority members accountable as trustees; financial records required.
• 12-3-449. Authority and property exempt from taxation, levy and sale, garnishment, and attachment.
• 12-3-450. Attorney General to provide legal services.
• 12-3-451. Jurisdiction of actions against authority.
• 12-3-452. Liberal construction.

Part 8 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY.

• 12-3-470 through 12-3-484. Reserved.

Part 9 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW COMMITTEE.

• 12-3-500. Creation of committee; membership; vacancies; review of Georgia Agricultural Exposition Authority.
• 12-3-501. Assistance to committee in discharging duties; employees; securing professional services.
• 12-3-502. Cooperation of Georgia Agricultural Exposition Authority.
• 12-3-503. Committee to evaluate performance of authority.
• 12-3-504. Expenditure of state funds by committee; compensation, expenses, and allowances for members.

Part 10 GEORGIA MUSIC HALL OF FAME AUTHORITY.

• 12-3-520. Short title.
• 12-3-521. Definitions.
• 12-3-522. Creation; membership; meetings; expense allowance; perpetual existence; records.
• 12-3-522.1. Joint operation between Georgia Music Hall of Fame and Georgia Sports Hall of Fame; proposals for accomplishing objectives.
• 12-3-523. Corporate purpose and general nature of business.
• 12-3-524. General powers.
• 12-3-524.1. Expenditure of funds to aid in securing gifts, grants, donations, and contributions.
• 12-3-525. Exemption from taxation.
• 12-3-526. Police powers.
• 12-3-527. Security force.
• 12-3-528. Moneys received by authority deemed to be trust funds.
• 12-3-529. Authority to fix rentals and other charges for users and exhibitors.
• 12-3-530. Attorney General to provide legal services for authority.
• 12-3-531. Jurisdiction of actions brought under this part.
• 12-3-532. Contracts or transactions of authority involving conflict of interest.
• 12-3-533. Issuance of bonds by authority.
• 12-3-534. Department of Economic Development authorized to construct, erect, acquire, and exercise custodial responsibility over projects.
• 12-3-535. Creation of Georgia Music Hall of Fame Advisory Committee.
• 12-3-536. Transferring powers of authority to the Department of Economic Development.

Part 11 Georgia Halls of Fame Authority

Overview Committee. Part 12

• 12-3-550. Establishment of Georgia Halls of Fame Authority Overview Committee; membership.
• 12-3-551. Assistance to committee by other state agencies.
• 12-3-552. Georgia Music Hall of Fame Authority and Georgia Sports Hall of Fame Authority to cooperate with state agencies.
• 12-3-553. Standards for evaluation of performance of authority.
• 12-3-554. Expenditure of state funds; per diem and expenses; appropriations.

• 12-3-560. Short title.
• 12-3-561. Definitions.
• 12-3-562. Creation; membership; terms; vacancies; expense allowance; perpetual existence; books and records; assignment to Department of Economic Development; staffing; cooperative agreements.
• 12-3-562.1. Joint operation between Georgia Sports Hall of Fame and Georgia Music Hall of Fame; proposals for accomplishing objectives.
• 12-3-563. Purpose.
• 12-3-564. Powers and duties.
• 12-3-565. Tax exemption.
• 12-3-566. Police powers.
• 12-3-567. Security force.
• 12-3-568. Trust fund.
• 12-3-569. Rentals and other charges.
• 12-3-570. Legal services.
• 12-3-571. Venue and jurisdiction of actions.
• 12-3-572. Conflicts of interest.
• 12-3-573. Revenue bonds.
• 12-3-574. Construction and responsibility over project by Department of Economic Development.

Part 13 GEORGIA GOLF HALL OF FAME AUTHORITY.

• 12-3-580 through 12-3-592 [Repealed].

Article 8 Nongame Wildlife Conservation and

Wildlife Habitat Acquisition Programs.

• 12-3-600. Legislative findings; policy of state.
• 12-3-601. Definitions.
• 12-3-602. Establishment of programs and activities; Nongame Wildlife Conservation and Wildlife Habitat Acquisitions Fund; income tax return form contribution option; administrative costs of voluntary contribution program.

Article 9 Protection of Archeological, Aboriginal, Prehistoric, and Historic Sites.

• 12-3-620. Definitions.
• 12-3-621. Prohibited acts as to archeological, aboriginal, prehistoric, or historic sites; notification of state archeologist before beginning investigation or disturbance of site; penalty.
• 12-3-622. Buying, selling, trading, importing, or exporting American Indian burial, sacred, or cultural objects.

Article 10 Official Gardens And Nature Centers.

• 12-3-640. Designation.

Article 11 Georgia Agrirama Development Authority.

• 12-3-650. Definitions [Repealed].
• 12-3-651. Redesignated.
• 12-3-652 through 12-3-661. [Repealed].
• 12-3-662. Redesignated.

Article 12 Power Alley Development Authority.

• 12-3-680 through 12-3-708 [Repealed].

Chapter 4. Mineral Resources and Caves, 12-4-1 through 12-4-147.

Article 1 General Provisions.

• 12-4-1. Powers and duties of Environmental Protection Division as to mineral and geological resources.

Article 2 Mining and Drilling.

Part 1 OIL WELL REWARD.

• 12-4-20. Amount of reward; eligibility for reward.
• 12-4-21. Manner of distribution of reward.
• 12-4-22. Authorization for Governor to make payments from surplus or contingent funds.

Part 2 DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS.

• 12-4-40. Short title.
• 12-4-41. Legislative findings and declaration of policy.
• 12-4-42. Definitions.
• 12-4-43. Powers of board as to deep drilling.
• 12-4-44. Authority to adopt and promulgate rules and regulations.
• 12-4-45. Powers of board as to establishment of drilling and operation units; applicability of state antitrust laws to private agreements approved by board.
• 12-4-46. Drilling permits.
• 12-4-47. Bonds or undertaking by persons conducting drilling operations.
• 12-4-48. Actions by director to enforce part; civil penalties; effect of Code section on cause of action by royalty owners, lienholders, or other claimants.
• 12-4-49. Applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
• 12-4-50. Obedience to subpoena required; self-incrimination not a defense; use of evidence in criminal prosecutions.
• 12-4-51. Effect of part on other laws.
• 12-4-52. Effect of part on authority and functions of other state officers and agencies.
• 12-4-52.1. Local authority.
• 12-4-53. Prohibited acts.
• 12-4-54. Levying of severance tax.

Part 3 SURFACE MINING.

• 12-4-70. Short title.
• 12-4-71. Legislative purpose; duty of Environmental Protection Division to administer part.
• 12-4-72. Definitions.
• 12-4-73. Powers and duties of division as to surface mining generally; division may decline to assert jurisdiction.
• 12-4-74. Promulgation of rules and regulations by Board of Natural Resources.
• 12-4-75. Permits for surface mining operations; submission of mining land use plan and amendment to plan; bonding of applicants.
• 12-4-76. Substitution of mined areas.
• 12-4-77. Renewal or replacement of revoked permit; mining on unauthorized site.
• 12-4-78. Appeal to superior court.
• 12-4-79. Injunctive relief.
• 12-4-80. Removal of minerals, ores, and other solid matter as prima-facie evidence of surface mining.
• 12-4-81. Judgment pursuant to order.
• 12-4-82. Applicability of part.
• 12-4-83. Civil penalty; procedure for imposing penalties; hearing; judicial review; disposition of recovered penalties.
• 12-4-84. Criminal penalty.

Article 3 Phosphates and Gold.

Part 1 PHOSPHATES.

• 12-4-100. Licenses to dig, mine, and remove phosphate deposits; restrictions on license holders.
• 12-4-101. Annual mining fee; license fee; affidavit and bond.
• 12-4-102. Lapse of license.
• 12-4-103. Penalty.

Part 2 GOLD.

• 12-4-120. Duties of purchasers of gold bullion, dust, nuggets, or amalgam.
• 12-4-121. Annual reports by judges of probate court.
• 12-4-122. Penalty.

Article 4 Cave Protection.

• 12-4-140. Short title.
• 12-4-141. Legislative purpose.
• 12-4-142. Definitions.
• 12-4-143. Defacing or disturbing natural condition of cave; breaking or tampering with gates, doors, or other device controlling or preventing access to caves; trespass.
• 12-4-144. Sale or offer to sell speleothems.
• 12-4-145. Storing hazardous or detrimental chemicals or materials in caves or sinkholes; dumping or disposing of garbage, dead animals, or similar materials in caves or sinkholes.
• 12-4-146. Killing, harming, removing, or disturbing wildlife found in a cave.
• 12-4-147. Liability of owners of caves for injuries.

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

Article 1 General Provisions.

• 12-5-1. Water Resources Center - Establishment and operation by Georgia Institute of Technology; purposes.
• 12-5-2. Water Resources Center - Receipt of funds and grants.
• 12-5-3. Water Resources Center - Power to enter into contracts, agreements, and participation arrangements.
• 12-5-4. Programs for voluntary water conservation and enhancing water supply.
• 12-5-4.1. Adoption of minimum standards and best practices for improving efficiency and effectiveness of water use; requirements.
• 12-5-5. Local water authorities allowed to establish program for voluntary contributions to conservation and environmental projects.
• 12-5-6. Installation and definition of "rain sensor shut-off switch"; penalty for violations.
• 12-5-7. Local variances from state restrictions on outdoor watering; limitations on outdoor irrigation; exceptions.
• 12-5-8. Rules and regulations relating to drought management.
• 12-5-9. Georgia Geospatial Advisory Council [Repealed].

Article 2 Control of Water Pollution and Surface-Water Use.

• 12-5-20. Short title.
• 12-5-21. Declaration of policy; legislative intent.
• 12-5-22. Definitions.
• 12-5-23. Powers and duties of board and director as to control of water pollution and surface-water use generally.
• 12-5-23.1. Water quality standards for lakes; monitoring; studies and reports; development, approval, and publication of water quality standards.
• 12-5-23.2. Waste-water discharge limitations; schedule of construction milestones; penalties.
• 12-5-23.3. Privatization of waste-water treatment facilities.
• 12-5-24. Power of director to enter into contracts and compacts regarding surface-water management.
• 12-5-25. Investigations by division; institution of proceedings by division.
• 12-5-26. Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information.
• 12-5-27. Authority to require owner or operator of facility to cooperate with division.
• 12-5-27.1. Sale or use of cleaning agents containing phosphorus.
• 12-5-28. Annual reports by division.
• 12-5-29. Sewage and waste disposal; withdrawal, diversion, or impoundment of surface waters; certificates required for vessels with marine toilets; conditions for transfer of surface water from one river basin to another.
• 12-5-29.1. Combined sewer overflow; plans for elimination or treatment of sewage overflow; penalties.
• 12-5-30. Permits for construction, modification, or operation of facilities which discharge pollutants into waters; permits for discharge of dredged or fill material into waters and wetlands; participation in National Pollution Discharge Elimination System.
• 12-5-30.1. Major spills by publicly owned treatment works.
• 12-5-30.2. Combined sewer overflow systems.
• 12-5-30.3. Sludge land application systems.
• 12-5-30.4. Establishment of water emergency response procedures.
• 12-5-31. Regulated riparian rights to surface waters for general or farm use; permits for withdrawal, diversion, or impoundment; coordination with water plans; metering of farm use; interbasin transfers; appeal procedures.
• 12-5-31.1. Applications, permits, and variances for public water supply reservoirs.
• 12-5-32. Aid to pollution control and surface-water management - Powers of division with respect to federal acts; receipt and expenditure of federal and state appropriations.
• 12-5-33. Aid to pollution control and surface-water management - Grants to counties, municipalities, or other public authority for water pollution control projects.
• 12-5-34. Aid to pollution control and surface-water management - Amount of state grant.
• 12-5-35. Aid to pollution control and surface-water management - Administration of grants by division.
• 12-5-36. Aid to pollution control and surface-water management - Consistency with federal acts.
• 12-5-37. Aid to pollution control and surface-water management - Intent of article with regard to state contributions.
• 12-5-38. Aid to pollution control and surface-water management - Management by division of federal construction grants program.
• 12-5-38.1. Administration of funds; water pollution control and drinking water revolving funds.
• 12-5-39. Aid to pollution control and surface-water management - Area-wide waste treatment management.
• 12-5-40. Aid to pollution control and surface-water management - Adoption of rules and regulations regarding application for state grants.
• 12-5-41. Aid to pollution control and surface-water management - Water and sewage treatment facilities or systems for eligible planned communities [Repealed].
• 12-5-42. Cooperative efforts for abatement of pollution; order by director; request for hearing; allowance of reasonable time for abatement.
• 12-5-43. Administrative hearings.
• 12-5-44. Judicial review.
• 12-5-45. Judgment in accordance with division's order.
• 12-5-46. Effect of article on rights of action.
• 12-5-47. Emergency orders; hearing.
• 12-5-48. Injunctive relief.
• 12-5-49. Representation of division and its agents by Attorney General and his staff.
• 12-5-50. Intent of article as to conflicts with federal laws and as to eligibility of division or departments of state government for federal funds; remedial action.
• 12-5-51. Civil liability.
• 12-5-52. Civil penalty.
• 12-5-53. Criminal penalty.

Article 3 Wells and Drinking Water.

Part 1 GENERAL PROVISIONS.

• 12-5-70. Prospecting for underground water supplies - Powers of department.
• 12-5-71. Prospecting for underground water supplies - Records of findings; acceptance of federal grants.
• 12-5-72. Prospecting for underground water supplies - Contracts with counties or municipalities for use of water.
• 12-5-73. Prospecting for underground water supplies - Appropriation or allocation of funds to department.

Part 2 GROUND-WATER USE GENERALLY.

• 12-5-90. Short title.
• 12-5-91. Declaration of policy.
• 12-5-92. Definitions.
• 12-5-93. Power of director to employ personnel.
• 12-5-94. Adoption of rules and regulations by Board of Natural Resources.
• 12-5-95. Proposed regulations regarding ground-water use; hearings; adoption and modification of regulations; contesting validity of regulations.
• 12-5-96. Regulated reasonable use of ground water for general use; permits to withdraw, obtain, or utilize; coordination with water plans; appeal procedures.
• 12-5-97. Duration of permits; renewal; transfer; certified statements by holders; monitoring water use; granting permit to person withdrawing ground water prior to July 1, 1973; prior investments in land and nature of plans for water use; continued withdrawal pending decision on permit.
• 12-5-98. Investigations; entry; protection of confidential information or trade secrets; refusing entry or access to and interference with authorized representatives of division.
• 12-5-99. Order by director after failure of conference, conciliation, or persuasion; hearings; appeal.
• 12-5-100. Judgment in accordance with director's order.
• 12-5-101. Injunctive relief.
• 12-5-102. Emergency orders; restrictions; hearing; appeal; use by certain entities.
• 12-5-103. Representation of department by Attorney General.
• 12-5-104. Effect of part on other laws.
• 12-5-105. Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures.
• 12-5-106. Civil penalties; procedure for imposing penalties; hearing; judicial review.
• 12-5-107. Criminal penalty.

Part 3 WATER WELL STANDARDS.

• 12-5-120. Short title.
• 12-5-121. Legislative intent.
• 12-5-122. Definitions.
• 12-5-123. Creation of council; membership; chairperson; meetings; majority vote; quorum; director as secretary; self-governance; reimbursement for expenses; Attorney General to provide legal services.
• 12-5-124. Powers and duties of council generally.
• 12-5-125. License requirement; drilling under direction of professional geologist or engineer.
• 12-5-126. Director as administrative agent; administrative duties of division; orders, notices, and processes.
• 12-5-127. Licensing of water well contractors generally; applications for trainee licenses; violation of Code section.
• 12-5-128. Contents of license; display.
• 12-5-129. Suspension and revocation of licenses; hearings; reissuance of revoked licenses; injunction; cessation of well operation; seizure of equipment.
• 12-5-130. Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses.
• 12-5-131. Notifying contractors of changes in rules and regulations.
• 12-5-131.1. Licensing requirements for drilling well on own property; water well contractors completing electrical or plumbing work incidental to drilling and construction of well.
• 12-5-132. Effect of part.
• 12-5-133. Penalty; evidence of violation of part.
• 12-5-133.1. Civil penalties; hearing.
• 12-5-134. Standards for wells and boreholes.
• 12-5-135. Requirement of bond or letter of credit.
• 12-5-136. Compliance with standards and licensing requirements; inspections; action by director if well not up to standard.
• 12-5-137. Forfeiture of contraband equipment.
• 12-5-138. Council authorized to establish rules and regulations for pump installation; certification requirements; civil penalties for violations.

Part 4 ARTESIAN WELLS.

• 12-5-150. Conditions under which artesian wells must be tapped.
• 12-5-151. Wells on government property.
• 12-5-152. Applicability of part.
• 12-5-153. Penalty.

Part 5 PUBLIC WATER SYSTEMS.

• 12-5-170. Short title.
• 12-5-171. Declaration of policy; legislative intent; Environmental Protection Division to administer part.
• 12-5-172. Definitions.
• 12-5-173. Designation of division as state agency to receive financial aid from federal government and other sources.
• 12-5-174. Powers and duties of Board of Natural Resources as to public water systems.
• 12-5-175. Fluoridation of public water systems; state funds for cost of fluoridation equipment, chemicals, and materials; tax deduction for fluoride-removing devices.
• 12-5-176. Powers and duties of director as to public water systems generally.
• 12-5-177. Enforcement of rules and regulations; minimum requirements for and applicability of Georgia primary drinking water regulations; records and reports.
• 12-5-178. Variances and exemptions.
• 12-5-179. Permits for operation of public water systems; performance bonds.
• 12-5-180. Duty of permit applicants and holders to supply information as required by director.
• 12-5-180.1. Allocating water and waste-water usage among tenants; charging tenants for usage; measuring water usage.
• 12-5-180.2. Fire sprinkler protection systems; limitation on fee for water service.
• 12-5-181. Inspections and investigations by division.
• 12-5-182. Powers of director as to protection of public from contaminants presenting imminent and substantial danger.
• 12-5-183. Plan for emergency provision of water.
• 12-5-184. Notice of violations, variances, and exemptions involving public water systems.
• 12-5-185. Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director.
• 12-5-186. Hearings; judicial review.
• 12-5-187. Emergency orders; hearing; review.
• 12-5-188. Injunctive relief.
• 12-5-189. Judgment in accordance with director's order.
• 12-5-190. Legal assistance by Attorney General.
• 12-5-191. Prohibited acts.
• 12-5-192. Civil penalties; procedures for imposing penalty; hearing; review.
• 12-5-193. Criminal penalty.

Part 6 WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY.

• 12-5-200. Legislative findings.
• 12-5-201. Definitions.
• 12-5-202. District-wide emergency plan.
• 12-5-203. Technical panel; members; preliminary scope of work statement; modifications.
• 12-5-204. Completion and submission of emergency plan; costs.

Article 4 Coastal Waters, Beaches, and Sand Dunes.

Part 1 GENERAL PROVISIONS.

• 12-5-210. Development and utilization of coastal and offshore waters, lands, and resources; delegation of powers and duties; power to make contracts.
• 12-5-211. Receipt of financial and other assistance; plans and proposals for development and utilization of coastal and offshore resources; coordination between state agencies; reporting.
• 12-5-212. Annual report.
• 12-5-213. Liberal construction of part.

Part 2 SHORE PROTECTION.

• 12-5-230. Short title.
• 12-5-231. Legislative findings and declarations.
• 12-5-232. Definitions.
• 12-5-233. Area of operation of part.
• 12-5-234. Powers and duties of department.
• 12-5-235. Shore Protection Committee.
• 12-5-236. Rules and regulations.
• 12-5-237. Permit required; exceptions.
• 12-5-238. Form and contents of application for permit.
• 12-5-239. Completion of permit; notice of proposed activity; requirements and restrictions regarding issuance of permit.
• 12-5-240. Posting of permit.
• 12-5-241. Local shore assistance programs [Repealed].
• 12-5-242. Technical assistance to local governments; model ordinance.
• 12-5-243. Local governments not prohibited from adopting more restrictive ordinances.
• 12-5-244. Administrative and judicial review.
• 12-5-245. Injunctive relief.
• 12-5-246. Jurisdiction of superior court.
• 12-5-247. Enforcement of part; civil penalty.
• 12-5-248. Criminal violations.

Part 3 PRESERVATION AND MANAGEMENT OF COASTAL ZONE.

• 12-5-260 through 12-5-267 [Repealed].

Part 4 COASTAL MARSHLANDS.

• 12-5-280. Short title.
• 12-5-281. Legislative findings and declarations.
• 12-5-282. Definitions.
• 12-5-283. Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations.
• 12-5-284. Authority of department as to coastal marshlands generally.
• 12-5-285. Power of board to promulgate rules and regulations.
• 12-5-286. Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields.
• 12-5-287. Leasing of state owned marshland or water bottoms.
• 12-5-288. Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest.
• 12-5-289. Inspection of marshlands.
• 12-5-290. Jurisdiction to restrain violation of part.
• 12-5-291. Enforcement of part.
• 12-5-292. Posting of permit.
• 12-5-293. Effect on permit of sale, lease, or other conveyance of land.
• 12-5-294. Existence of an emergency; order; right to hearing.
• 12-5-295. Applicability of part.
• 12-5-296. Criminal violation.
• 12-5-297. Liability for damages.

Part 5 SEA OATS.

• 12-5-310. Legislative purpose.
• 12-5-311. Cutting, harvesting, removing, or eradicating sea oats.
• 12-5-312. Penalty.

Part 6 COASTAL MANAGEMENT.

• 12-5-320. Short title.
• 12-5-321. Legislative findings.
• 12-5-322. Definitions.
• 12-5-323. Powers and duties of department.
• 12-5-324. Power of board to promulgate rules and regulations.
• 12-5-325. Additional duties of department.
• 12-5-326. Duties of other state agencies in relation to this part.
• 12-5-327. Duty of department to prepare document for submission to Governor; duty to prepare report every three years.
• 12-5-328. Nothing in part to be construed as waiver of federal immunity or consent for other state to exercise jurisdiction.
• 12-5-329. Repeal of part on July 1, 2009 [Repealed].

Article 5 Rivers and River Basins.

Part 1 GENERAL PROVISIONS.

• 12-5-330. Resources Advisory Board, Southeast River Basins [Repealed].
• 12-5-331. Duties and powers of department as to development of state's rivers.

Part 2 GEORGIA SCENIC RIVER SYSTEM.

• 12-5-350. Short title.
• 12-5-351. Definitions.
• 12-5-352. Rivers comprising the Georgia Scenic River System.
• 12-5-353. Duties of department as to scenic rivers.
• 12-5-354. Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers.

Part 3 DAM SAFETY.

• 12-5-370. Short title.
• 12-5-371. Declaration of purpose.
• 12-5-372. Definitions.
• 12-5-373. Powers and duties of director generally.
• 12-5-374. Powers and duties of board as to dams and artificial barriers.
• 12-5-375. Inventory and classification of dams; investigations; technical assistance to local government; artificial barriers; notice requirements; provision of information regarding dams to clerks of superior courts.
• 12-5-376. Permits to construct and operate dams.
• 12-5-376.1. Subclassification of category I dams by director; minimum spillway design requirements.
• 12-5-377. Dam removal.
• 12-5-378. Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director.
• 12-5-379. Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference.
• 12-5-380. Administrative and judicial review.
• 12-5-380.1. Orders of director or administrative law judge filed in superior court; effect of filing.
• 12-5-381. Injunctive relief.
• 12-5-382. Power of commissioner of transportation as to contracts relating to part.
• 12-5-383. Liability for damages.
• 12-5-384. Conformance to and compliance with part required.
• 12-5-385. Criminal and civil penalties.

Part 4 DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN.

• 12-5-400. Short title.
• 12-5-401. Purpose.
• 12-5-402. Powers and duties of department.

Part 5 DEVELOPMENT OF ALTAMAHA RIVER BASIN.

• 12-5-420. Short title.
• 12-5-421. Purpose.
• 12-5-422. Powers and duties of department.

Part 6 PROTECTION OF METROPOLITAN RIVERS.

• 12-5-440. Short title.
• 12-5-441. Definitions.
• 12-5-442. Legislative findings and purposes.
• 12-5-443. Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee.
• 12-5-444. Prohibited land and water uses; uses prior to adoption of plan; certificate of compliance with plan; information required of applicant; changes in use; notice and hearing.
• 12-5-445. Review of application and supporting documents by commission; effect of inconsistencies; alternatives where modification recommended.
• 12-5-446. Prereview by commission of application for certificate; fee where prereview requested by applicant; effectiveness of certificate following prereview; immediate effectiveness of certificate; consultation by commission with governing authority; informal consultation with applicants [Repealed].
• 12-5-447. Minimum standards for certificates and recommendations.
• 12-5-448. Appeal.
• 12-5-449. Other laws not superseded by part.
• 12-5-450. Election by counties contiguous to area, and by municipalities within county, to come under part [Repealed].
• 12-5-451. Uses to which part inapplicable.
• 12-5-452. Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions.
• 12-5-453. Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements.
• 12-5-454. Removal of sand from watercourse.
• 12-5-455. Plan and application for certificate open to public inspection.
• 12-5-456. Commission to notify local authorities of violations of this part; director's powers in absence of local action; hearings on violations.
• 12-5-457. Environmental Protection Division's powers and duties unaffected by part.

Article 6 Water Supply.

• 12-5-470. Short title.
• 12-5-470.1. Construction with other provisions.
• 12-5-471. Definitions.
• 12-5-472. Acquisition, construction, and maintenance of projects authorized; standards and procedures; sites inventory; mitigation banks; costs.
• 12-5-472.1. Procurement of permits, licenses, and permissions; designation of principal state agency.
• 12-5-473. Powers of Water Supply Division generally.
• 12-5-474. Rentals, fees, and other charges; deposit of funds; terms and conditions for use of project.
• 12-5-475. Rules and regulations.
• 12-5-476. Contracts with local governments for planning, construction, management, and maintenance; coordination.
• 12-5-476.1. Fees for services.
• 12-5-477. Supplemental nature of provisions.
• 12-5-478. Liberal construction.
• 12-5-479. Contracts with public entities for services or use of facilities or equipment; user agreement for provision of environmental services.
• 12-5-480. Use of services of Georgia State Financing and Investment Commission; selection of professional services.
• 12-5-481. Legislative findings.
• 12-5-482. Failure of local government to collect and remit all amounts due; withholding of state funds.
• 12-5-483. Waiver of costs or fees.
• 12-5-484. Legislative oversight committee; membership; responsibilities.

Article 7 Costs of Oil Spill Response.

• 12-5-500. Definitions.
• 12-5-501. Liability for removal costs or damages; exceptions.

Article 8 Comprehensive State-wide Water Management Planning.

• 12-5-520. Short title.
• 12-5-521. Definitions.
• 12-5-522. Policy statement for comprehensive state-wide water management plan; guiding principles; requirements of plan; regional plans; compliance with plans.
• 12-5-523. Cooperation with Water Council; involvement of stakeholders; initial draft plan.
• 12-5-524. Water Council created; obligations of council.
• 12-5-525. Approval by General Assembly; alternative to passage by legislature; emergency actions by Water Council in event of imminent peril; review and revision of plan.

Article 9 Flint River Drought Protection.

• 12-5-540. Short title.
• 12-5-541. Legislative intent.
• 12-5-542. Definitions.
• 12-5-543. Establishment of drought abatement program; rules and regulations.
• 12-5-544. Powers of director.
• 12-5-545. Administration of fund.
• 12-5-546. Prediction of drought; irrigation reduction auction; agreement.
• 12-5-546.1. Enhancement of programming and incentives; scheduling irrigation efficiencies; modifying water withdrawal permits; coordination of efforts.
• 12-5-546.2. Notification in advance of any state funded augmentation projects.
• 12-5-547. Director's orders.
• 12-5-548. Investigations and inspections.
• 12-5-549. Compliance; violations.
• 12-5-550. Repayment penalty; notice of violation; time limit to respond to notice of violation; failure to respond to notice of violation.

Article 10 Metropolitan North Georgia Water Planning District.

• 12-5-570. Short title.
• 12-5-571. Legislative intent.
• 12-5-572. Creation; purpose.
• 12-5-573. Definitions.
• 12-5-574. Powers; approval of plan non-binding on finances; extension of time for preparing plan.
• 12-5-575. Board created; appointments; vacancies; terms.
• 12-5-576. Open meetings; quorum; voting; executive sessions.
• 12-5-577. Operating budget; sources of funding; power to enter into contracts and to expend funds; depositing.
• 12-5-578. Adjoining counties or municipalities application to be added to the district area.
• 12-5-579. Staffing; cooperation among agencies.
• 12-5-580. Coordinating committees; finance committees.
• 12-5-581. Advisory councils.
• 12-5-582. Model ordinances for effective storm-water management and for a district-wide watershed management plan; annual review; public meetings; certification by director; local compliance.
• 12-5-583. Short-term and long-term plans for waste-water management plan; annual review; public meetings; certification by director.
• 12-5-584. Water supply and water conservation management plan; interbasin transfers.
• 12-5-585. Education and public awareness.
• 12-5-586. Annual report detailing activities and progress.

Chapter 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

Article 1 Forest Resources.

Part 1 STATE FORESTRY COMMISSION.

• 12-6-1. Definitions.
• 12-6-2. Creation of State Forestry Commission; members; terms of office; ineligibility of Governor for membership; vacancies; effect of appointment when Senate not in session.
• 12-6-3. Chairman; reimbursement of members for expenses; meetings.
• 12-6-4. Dismissal of members for failure to attend meetings.
• 12-6-5. Powers and duties of commission generally; volunteer services.
• 12-6-5.1. Legislative findings; reforestation incentives program authorized; powers of commission.
• 12-6-6. Management, conservation, and protection of forest lands; sale of forest products from land managed by commission; production and sale of seedlings.
• 12-6-7. Federal financial aid - Participation in rural fire prevention and control program; contributions by counties and fire departments.
• 12-6-8. Federal financial aid - Expenditure of funds for forest farming and marketing of forest products.
• 12-6-9. Acquisition of land; gifts of land for use as lookout tower sites; abandoned tower sites; improvements on land subject to reversionary clause.
• 12-6-10. Reports to General Assembly.
• 12-6-11. Director - Appointment; qualifications; salary; reimbursement for expenses; term.
• 12-6-12. Director - Duty of director to devote full time to office; power and duty of director to act for commission when commission not in session.
• 12-6-13. Director - Oath; bond; location of office.
• 12-6-14. Director - Eligibility of commission members for directorship or for employment under commission or director.
• 12-6-15. Director - Adoption of rules, regulations, and methods of administration.
• 12-6-16. Director - Control of tree diseases and insect infestation.
• 12-6-17. Director - Regulation of controlled burning where drought or other conditions exist.
• 12-6-18. Director - Expenditure of funds for benefit of lands under commission's control; sale and disposal of products from controlled lands.
• 12-6-19. Director - Promulgation of rules and regulations as to lands under commission's control; sale, lease, or exchange of controlled lands.
• 12-6-20. Investigation and enforcement of forestry laws; powers of forestry investigators.
• 12-6-21. Uncontrolled fire as constituting a public nuisance; duties and liabilities of person or entity responsible.
• 12-6-22. Investigation of tree diseases or insect infestation; notification of landowner; recommendations; effect of landowner's failure to act; disposition of proceeds derived from sale of trees.
• 12-6-22.1. Control of aviation; power of commission.

Part 1A TIMBER HARVESTING AND REMOVAL REQUIREMENTS.

• 12-6-23. Scale load ticket required for wood removal; form; exceptions.
• 12-6-24. Notice of timber harvesting operations.

Part 2 PRACTICE OF PROFESSIONAL FORESTRY.

• 12-6-40. Legislative purpose.
• 12-6-41. Definitions.
• 12-6-42. State Board of Registration for Foresters - Creation; appointment of members; certificate of appointment; oath; term of office.
• 12-6-43. State Board of Registration for Foresters - Qualifications of members.
• 12-6-44. State Board of Registration for Foresters - Compensation of members.
• 12-6-45. State Board of Registration for Foresters - Removal of members; vacancies.
• 12-6-46. State Board of Registration for Foresters - Meetings; officers.
• 12-6-47. State Board of Registration for Foresters - Rules and regulations; seal.
• 12-6-48. State Board of Registration for Foresters - Record of proceedings.
• 12-6-49. Qualifications and requirements for registered foresters.
• 12-6-49.1. Denial or suspension of license for noncompliance with child support order.
• 12-6-49.2. Suspension of registered forester license; borrowers in default; hearing and appeal procedures.
• 12-6-50. Applications for registration; fee.
• 12-6-51. Examinations.
• 12-6-52. Licenses - Issuance generally; endorsement by registrant of plans, maps, specifications, and reports issued by registrant.
• 12-6-53. Licenses - Eligibility of foresters with 12 years' experience [Repealed].
• 12-6-54. Licenses - Reciprocity for nonresidents.
• 12-6-55. Licenses - Only individuals may be licensed.
• 12-6-56. Licenses - Expiration and renewal generally; continuing forestry education requirement.
• 12-6-57. State Board of Registration for Foresters - Denial or revocation of license; discipline of licensee; code of ethics.
• 12-6-58. State Board of Registration for Foresters - Duplicate license for lost, destroyed, or mutilated license.
• 12-6-59. Receipts and disbursements [Repealed].
• 12-6-60. Injunctive relief.
• 12-6-61. Prohibited acts.
• 12-6-62. Penalty; authority to prefer charges; immunity of person bringing charges from liability; duty to enforce part; legal assistance by Attorney General.
• 12-6-63. Termination [Repealed].

Part 3 FOREST FIRE PREVENTION AND CONTROL.

• 12-6-80. Short title.
• 12-6-81. Legislative purpose.
• 12-6-82. Definitions.
• 12-6-83. Direction and supervision by State Forestry Commission of forest fire protection work; making and enforcing rules and regulations.
• 12-6-84. Entry upon land for fire-prevention purposes or investigations.
• 12-6-85. Fire protection units.
• 12-6-86. Unit forestry boards - Creation; appointment; qualifications; terms of office; vacancies; service by members without compensation.
• 12-6-87. Unit forestry boards - Duties.
• 12-6-88. Unit forestry boards - Annual forest fire protection plans appropriation of funds for public information campaign.
• 12-6-89. "Extreme forest fire emergency" defined; authority of Governor, forestry investigators, and peace officers in emergency; advice by director to Governor as to existence of emergency.
• 12-6-90. Permit required for burning woods, lands, marshes, or other flammable vegetation; exceptions.
• 12-6-91. Controlled burning by owners over own forest land.
• 12-6-92. Vesting of title to property in State Forestry Commission.
• 12-6-93. Appropriations; agreements between State Forestry Commission and counties; taxation by counties for fire protection.

Part 4 FORESTRY RESEARCH.

• 12-6-110. Powers and duties of State Forestry Commission as to forestry research.
• 12-6-111. Employment by State Forestry Commission of assistants and other employees.
• 12-6-112. Appropriations, grants, or gifts to State Forestry Commission for forestry research.
• 12-6-113 through 12-6-118 [Repealed].

Part 5 HERTY ADVANCED MATERIALS DEVELOPMENT CENTER.

• 12-6-130 through 12-6-139 Redesignated.

Part 6 PRESCRIBED BURNING.

• 12-6-145. Short title.
• 12-6-146. Legislative findings and purpose.
• 12-6-147. Definitions.
• 12-6-148. Requirements for prescribed burning; limitation on liability.
• 12-6-149. Fire manager program authorized; record-keeping requirements; public information campaign.

Article 2 Ginseng Protection.

• 12-6-150. Short title.
• 12-6-151. Definitions.
• 12-6-152. Prohibited acts regarding harvesting ginseng.
• 12-6-153. Reports concerning disposal of ginseng.
• 12-6-154. Registration and reports required of dealers or growers.
• 12-6-155. Determination by department concerning continuing necessity of article; report to General Assembly.
• 12-6-156. Registration forms and reporting forms.
• 12-6-157. Penalty.

Article 3 Wildflower Preservation.

• 12-6-170. Short title.
• 12-6-171. Definitions.
• 12-6-172. Powers and duties of Department and Board of Natural Resources as to wildflower preservation.
• 12-6-173. Cutting, pulling up, digging, or removing protected species.
• 12-6-174. Sale of protected species.
• 12-6-175. Transporting, carrying, or conveying protected species without tag and written document.
• 12-6-176. Penalty.

Article 4 Harvest and Sale of Pine Straw.

• 12-6-200. Definitions.
• 12-6-201. Legislative findings.
• 12-6-202. Certificate of harvest.
• 12-6-203. Prohibited acts.
• 12-6-204. Stop sale, stop use, or removal orders to owners or custodians of pine straw.
• 12-6-205. Seizure of pine straw obtained or offered for sale in violation of article.
• 12-6-206. Harvesting or handling pine straw for home or personal use.
• 12-6-207. Penalty.

Article 5 Carbon Sequestration Registry.

• 12-6-220. Short title.
• 12-6-221. Definitions.
• 12-6-222. Establishment of Carbon Sequestration Registry; uniform automated electronic information system.
• 12-6-223. Purpose of registry.
• 12-6-224. Role of the commission.
• 12-6-225. Procedures and protocols.
• 12-6-226. Procedures and protocols are not condition for ongoing use of forest land.
• 12-6-227. Voluntary participation; right of withdrawal.
• 12-6-228. Reporting of results; basic unit of participation in registry; filing of reports.
• 12-6-229. Adoption of standardized forms.
• 12-6-230. Certification of methodologies and results; approval of competent third-party organizations for certifying results; requirements of organizations; review, evaluation and reporting to Governor.
• 12-6-231. Reporting to Governor by director.
• 12-6-232. Obligation of commission.

Article 6 Forest Heritage Trust.

• 12-6-240. Short title.
• 12-6-241. Legislative findings.
• 12-6-242. Definitions.
• 12-6-243. Role of the commission.
• 12-6-244. Powers and duties of commission.
• 12-6-245. Dedication as forest heritage preserve.
• 12-6-246. Use of forest heritage preserves.
• 12-6-247. Impact of dedication as forest heritage preserve on other protected status.

• 12-6A-1. (For effective date, see note) Intent; general provisions.
• 12-6A-2. (For effective date, see note) Definitions.
• 12-6A-3. (For effective date, see note) Georgia Land Conservation Council created; members; members' expenses; administrative affiliation.
• 12-6A-4. (For effective date, see note) Land conservation program; trust and loan funds established; segregation of funds; matching funds; opportunity for taxpayers to contribute; acceptance and administration of property by the department; partnerships with tax-exempt organizations.
• 12-6A-5. (For effective date, see note) Review and approval of project proposals; procedures; criteria; contracts or memorandums of understanding.
• 12-6A-6. (For effective date, see note) Grants for the acquisition of land.
• 12-6A-7. (For effective date, see note) Eligible entities to submit projects.
• 12-6A-8. (For effective date, see note) Funds for the preservation of land or conservation easements on land.
• 12-6A-9. (For effective date, see note) Rules and regulations; audits.
• 12-6A-10. (For effective date, see note) Land Conservation Geographic Information System established; availability of data and maps; cooperation with other agencies, institutions, and organizations; assistance with development of projects.
• 12-6A-11. (For effective date, see note) Role of nonprofit organizations.
• 12-6A-12. (For effective date, see note) Succession to Greenspace Trust Fund; transfer of funds.

• 12-6A-1. (For effective date, see note.) Short title.
• 12-6A-2. (For effective date, see note.) Purpose of funding protection of conservation land.
• 12-6A-3. (For effective date, see note.) Legislative intent.
• 12-6A-4. (For effective date, see note.) Definitions.
• 12-6A-5. (For effective date, see note.) Establishment of the Georgia Outdoor Stewardship Trust Fund.
• 12-6A-6. (For effective date, see note.) Grants; conditions of eligibility; loans.
• 12-6A-7. (For effective date, see note.) Establishment of the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund; membership; role; priorities.
• 12-6A-8. (For effective date, see note.) Applications and proposals for funding; quarterly review and approval of proposals; final approvals; disbursement of funds.
• 12-6A-9. (For effective date, see note.) Agreements as to acceptance, administration, ownership, and operation of properties.
• 12-6A-10. (For effective date, see note.) Annual report by department.
• 12-6A-11. (For effective date, see note.) Authority to promulgate rules and regulations.
• 12-6A-12. (For effective date, see note.) Annual grant when state owns property; calculations.

Chapter 7. Control of Soil Erosion and Sedimentation, 12-7-1 through 12-7-22.

• 12-7-1. Short title.
• 12-7-2. Legislative findings; policy of state and intent of chapter.
• 12-7-3. Definitions.
• 12-7-4. Adoption of comprehensive ordinances relating to land-disturbing activities; delegation of responsibility to planning and zoning commission; other local ordinances relating to land development; effect of chapter on design professionals.
• 12-7-5. Adoption of rules and regulations for localities without ordinances.
• 12-7-6. Best management practices; minimum requirements for rules, regulations, ordinances, or resolutions.
• 12-7-7. Permit or notice of intent required for land-disturbing activities; approval of application and issuance of permit; denial of permit; bond requirement.
• 12-7-7.1. Erosion and sediment control plan prepared; completion; implementation.
• 12-7-8. Certification of locality as local issuing authority; periodic review; procedure for revoking certification; enforcement actions.
• 12-7-9. Applications for permits; erosion and sediment control plans and data; time for issuance or denial.
• 12-7-10. Referral of application and plan to district; time for action.
• 12-7-11. Statement of reasons for denial of permit required; conditions for approval; suspension, revocation, or modification of permit.
• 12-7-12. Orders directed to violators; stop work order procedures.
• 12-7-13. Injunctions.
• 12-7-14. Actions to restrain imminent danger; emergency orders; duration of effectiveness of orders.
• 12-7-15. Civil penalty.
• 12-7-16. Hearings and review.
• 12-7-17. Exemptions.
• 12-7-18. Effect of chapter on requirements of the "Georgia Water Quality Control Act."
• 12-7-19. Education and training requirements; required programs; instructor qualifications; expiration of certification.
• 12-7-20. Creation of Stakeholder Advisory Board; responsibilities; procedures.
• 12-7-21. Appointment of panel to study controls implemented pursuant to chapter; procedure and operation of panel [Repealed].
• 12-7-22. Electronic filing and reporting system.

Chapter 8. Waste Management, 12-8-1 through 12-8-210.

Article 1 General Provisions.

• 12-8-1. Notice of denial of individual sewage disposal permits; duty to consider denial in ad valorem tax determinations.
• 12-8-2. Dumping sanitary sewer, kitchen, or toilet wastes in storm or sanitary sewers prohibited; forfeiture of involved vehicles.

Article 2 Solid Waste Management.

Part 1 GENERAL PROVISIONS.

• 12-8-20. Short title.
• 12-8-21. Declaration of policy; legislative intent.
• 12-8-22. Definitions.
• 12-8-23. Powers and duties of board.
• 12-8-23.1. Powers and duties of director.
• 12-8-24. Permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility; inspection of solid waste generators.
• 12-8-24.1. Certification of municipal solid waste disposal facility operators.
• 12-8-24.2. Public hearing prior to entering contract regarding landfill.
• 12-8-24.3. Notification of contaminant release from landfill.
• 12-8-25. Sites in certain counties within one-half mile of adjoining county.
• 12-8-25.1. Sites within 5,708 yards of national historic site.
• 12-8-25.2. Sites within two miles of significant ground-water recharge area.
• 12-8-25.3. Further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range.
• 12-8-25.4. Limits on the number of solid waste facilities within given area.
• 12-8-25.5. Locating disposal facility near private recreational camp.
• 12-8-26. Public meetings on site selection; notice; decision.
• 12-8-27. Standards for handling special solid waste; transportation manifest; fees; inspection; prohibition of waste generated out-of-state; certification [Repealed].
• 12-8-27.1. Solid waste trust fund.
• 12-8-27.2. Financial responsibility.
• 12-8-28. Lead acid vehicle batteries.
• 12-8-29. Investigations by director; actions to enforce article.
• 12-8-29.1. Authority to enter property for inspection and investigation.
• 12-8-29.2. Confidentiality of information obtained by director or agents.
• 12-8-30. Director's order for corrective action.
• 12-8-30.1. Emergency orders.
• 12-8-30.2. Hearings and review of actions and orders.
• 12-8-30.3. Judgment in accordance with director's order.
• 12-8-30.4. Injunctive relief.
• 12-8-30.5. Attorney General's duties.
• 12-8-30.6. Civil penalties for violations; procedures.
• 12-8-30.7. Unlawful acts.
• 12-8-30.8. Penalties for violations.
• 12-8-30.9. Powers of local governmental bodies and state not limited by this part.
• 12-8-30.10. Exemption for private individuals.
• 12-8-31. State solid waste management plan; reporting.
• 12-8-31.1. Local, multijurisdictional, or regional solid waste plans; reporting by cities and counties; annual reporting requirements for landfill owners and operators.
• 12-8-32. Permits for regional solid waste disposal facilities.
• 12-8-33. Recycling Market Development Council.
• 12-8-33.1. Improper disposal of computer equipment; Computer Equipment Disposal and Recycling Council created; compensation; powers and duties [Repealed].
• 12-8-34. Labeling rigid plastic containers or bottles.
• 12-8-35. Review of purchases and purchasing specifications, practices, and procedures by commissioner of administrative services.
• 12-8-36. State agency recycling and collection programs.
• 12-8-37. Financial aid from federal government or other sources.
• 12-8-37.1. State grants authorized.
• 12-8-38. Funds generated by division; use for operation and maintenance; deposit of unexpended funds.
• 12-8-39. Cost reimbursement fees; surcharges.
• 12-8-39.1. Program for reduction of municipal solid waste on per capita basis.
• 12-8-39.2. Reports of costs of solid waste management services [Repealed].
• 12-8-39.3. Authorization to enforce collection of taxes, fees, or assessments.
• 12-8-40. Exemption for livestock-feeding facility.
• 12-8-40.1. Tire disposal restrictions; fees.
• 12-8-40.2. Yard trimmings disposal restrictions.
• 12-8-40.3. Disposal of shingles containing asphalt.
• 12-8-41. Department to provide permits.

Part 2 REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES.

• 12-8-50. Short title.
• 12-8-51. Authority for enactment; nonprofit and public purposes of authorities; tax exemption; state policy; unfair competition with private sector prohibited.
• 12-8-52. Definitions.
• 12-8-53. Creation of authorities.
• 12-8-54. Board of directors.
• 12-8-55. Quorum; majority vote requirement.
• 12-8-56. Powers of authority.
• 12-8-57. Limitation on liability of members, officers, or employees of authority.
• 12-8-58. Bonds or other obligations; limitations and procedures for issuance.
• 12-8-59. Bonds or other obligations not indebtedness of state or political subdivision.
• 12-8-59.1. Liberal construction of part; bonds not subject to other state law; other authorities.
• 12-8-59.2. Resolutions or ordinances declaring functioning of previously activated authority unnecessary.

Article 3 Hazardous Waste.

Part 1 HAZARDOUS WASTE MANAGEMENT.

• 12-8-60. Short title.
• 12-8-61. Legislative policy.
• 12-8-62. Definitions.
• 12-8-63. Administration of article by division; enforcement of article by director.
• 12-8-64. Powers and duties of board as to hazardous waste.
• 12-8-65. Powers and duties of director as to hazardous waste.
• 12-8-65.1. Hazardous waste reduction plans; specific performance goals; biennial progress reports; rules and regulations.
• 12-8-65.2. Updating plans and reports; technical assistance; information available to public.
• 12-8-65.3. Plans and reports by out-of-state generators storing, treating, or disposing of hazardous waste in state.
• 12-8-65.4. Duplication of prior reporting requirements not required.
• 12-8-66. Permits for construction, installation, operation, or alteration of hazardous waste facilities.
• 12-8-67. Hazardous waste in transit to be accompanied by manifest.
• 12-8-68. Requirement of financial responsibility for persons operating or maintaining hazardous waste storage, treatment, or disposal facility; hazardous waste facility trust fund.
• 12-8-69. Variances.
• 12-8-70. Inspections and investigations.
• 12-8-71. Proceedings for enforcement.
• 12-8-72. Application for injunctive relief.
• 12-8-73. Hearings on contested matters; judicial review.
• 12-8-74. Judgment in accordance with final orders.
• 12-8-75. Powers of director in situations involving imminent and substantial endangerment to environment or to public health.
• 12-8-76. Legal assistance by Attorney General.
• 12-8-77. Contracts to provide solid waste handling, reclamation, or recycling services.
• 12-8-78. Public access to information; protection of confidential information; access to confidential information by federal government and courts.
• 12-8-79. Effect of other laws on permits issued under article and rules and regulations.
• 12-8-80. Applicability of article [Repealed].
• 12-8-81. Civil penalties; procedures for imposing penalties.
• 12-8-82. Criminal penalty.
• 12-8-83. Use of material mixed with dioxin or other hazardous waste for dust suppression or road treatment prohibited.

Part 2 HAZARDOUS SITE RESPONSE.

• 12-8-90. Short title.
• 12-8-91. Declaration of policy and legislative intent.
• 12-8-92. Definitions.
• 12-8-93. Powers and duties of board.
• 12-8-94. (For effective date, see note) Powers and duties of director.
• 12-8-95. Hazardous waste trust fund.
• 12-8-95.1. Hazardous waste management fees and hazardous substance reporting fees.
• 12-8-96. Corrective action upon release of hazardous wastes, hazardous constituents, or hazardous substances; notice; administrative consent order; expenditure of funds from trust fund.
• 12-8-96.1. Liability for cleanup costs; punitive damages; action for recovery of costs and damages; claims for contribution.
• 12-8-96.2. Limitation of liability of corrective action contractors.
• 12-8-96.3. Limitation of liability for release of hazardous substances for subsequent purchasers of property.
• 12-8-97. Hazardous site inventory.

Part 3 GEORGIA VOLUNTARY REMEDIATION PROGRAM.

• 12-8-100. Short title.
• 12-8-101. Policy declaration.
• 12-8-102. Definitions.
• 12-8-103. Rules and regulations.
• 12-8-104. Powers and duties of director.
• 12-8-104.1. Voluntary Remediation Escrow Account established; role and duties of director.
• 12-8-105. Criteria for property qualifying for voluntary remediation program.
• 12-8-106. Criteria for participants in voluntary remediation program.
• 12-8-107. Submission of voluntary investigation and remediation plan; enrollment; proof of assurance; termination; compliance status.
• 12-8-108. Standards and policies considered in investigation of voluntary remediation property.

Article 4 Repealed].

• 12-8-110. Reserved.

Article 5 Southeast Interstate Low-Level Radioactive Waste Management Compact.

• 12-8-120. Short title.
• 12-8-121. Compact enacted and entered into by State of Georgia.
• 12-8-122. Text of compact.
• 12-8-123. Appointment of members of Southeast Interstate Low-Level Radioactive Waste Management Commission and their alternates.

Article 6 Mitigating Effect of Hazardous Materials Discharge.

• 12-8-140. Definitions.
• 12-8-141. Immunity for persons providing assistance or advice.
• 12-8-142. Report of persons providing assistance.

Article 7 Product Packaging.

• 12-8-160. Legislative findings and declarations.
• 12-8-161. Definitions.
• 12-8-162. Prohibition against sale of packages containing lead, cadmium, mercury, or hexavalent chromium; allowable concentration levels.
• 12-8-163. Exempt packaging.
• 12-8-164. Certificates of compliance.
• 12-8-165. Rules and regulations.
• 12-8-166. Violation of article.

Article 8 Pollution Prevention Assistance Division.

• 12-8-180. Definitions.
• 12-8-181. Establishment of division; appointment of director; voluntary activities of businesses and industries.
• 12-8-182. Administrative responsibility of division; duty of division director; rules and regulations of board.
• 12-8-183. Pollution prevention assistance plan.
• 12-8-184. Confidentiality of information provided by business or industry; ownership of reports and plans.
• 12-8-185. Duty of division to advise on rules and regulations governing toxic substances.
• 12-8-186. Biennial report of division.
• 12-8-187. Preparation by division of biennial report of hazardous waste generators and capacity assurance plan.
• 12-8-188. Biennial needs assessment report on hazardous waste management facility.
• 12-8-189. Transfer of personnel and facilities of Georgia Hazardous Waste Management Authority and other state programs to division.

Article 9 Georgia Brownfield Program.

• 12-8-200. Short title.
• 12-8-201. Public policy.
• 12-8-202. Definitions.
• 12-8-203. Rules and regulations.
• 12-8-204. Powers and duties of director.
• 12-8-205. Criteria for property to qualify for limitation of liability.
• 12-8-206. Criteria for prospective purchasers to qualify for limitation of liability.
• 12-8-207. Limitation of expenses following approval of a corrective action plan.
• 12-8-208. Exceptions to limitation of liability.
• 12-8-209. Initial compliance status report.
• 12-8-210. Applicability of limitation of liability to persons who purchased after July 1, 2002, and before July 1, 2005.
• 12-8-211. Application to identified purchasers.

Chapter 9. Prevention and Control of Air Pollution, 12-9-1 through 12-9-70.

Article 1 Air Quality.

• 12-9-1. Short title.
• 12-9-2. Declaration of public policy.
• 12-9-3. Definitions.
• 12-9-4. Designation of division as agency to administer article.
• 12-9-5. Powers and duties of Board of Natural Resources as to air quality generally.
• 12-9-6. Powers and duties of director as to air quality generally.
• 12-9-7. Permit required; application; issuance; revocation, suspension, or amendment.
• 12-9-8. Renewal or revision of permit.
• 12-9-9. Notice requirements for permit applications and actions regarding permits.
• 12-9-10. Permit related fees; costs of public notice.
• 12-9-11. Inspections and investigations.
• 12-9-12. Injunctive relief.
• 12-9-13. Proceedings for enforcement.
• 12-9-14. Powers of director in situations involving imminent and substantial danger to public health.
• 12-9-15. Hearing; judicial review.
• 12-9-16. Hearings and review.
• 12-9-17. Legal assistance by Attorney General.
• 12-9-18. Powers of Governor as to air quality control generally.
• 12-9-19. Protection of confidential information obtained by division.
• 12-9-20. Continuation in effect of rules, regulations, and permits.
• 12-9-21. Effect of article on powers of Board of Natural Resources, department, division, and director.
• 12-9-22. Noncompliance penalties.
• 12-9-23. Civil penalties; procedures for imposing penalties.
• 12-9-24. Criminal penalties; evidence; affirmative defenses.
• 12-9-25. Small business stationary source technical and environmental compliance program; manager; advisory panel.

Article 2 Motor Vehicle Emission Inspection and Maintenance.

• 12-9-40. Short title.
• 12-9-41. Legislative findings.
• 12-9-42. Declaration of public policy.
• 12-9-43. Definitions.
• 12-9-44. Uniformity and scope of application of article.
• 12-9-45. Certificate of emission inspection.
• 12-9-46. Powers and duties of board; designation of commissioner or director as board's agent; power and duties of director.
• 12-9-47. Further powers and duties of board; designation of department personnel as board's agents.
• 12-9-48. Requirement of certificate of emission inspection; standards for issuance; inspectors, equipment, and procedures; notice of violation of emission standards; reinspection after repairs; time extension; inspection sticker; new vehicles; replacement stickers.
• 12-9-49. Application to conduct emission inspections; certificate of authorization.
• 12-9-50. Authority to inspect, monitor, or investigate inspection stations.
• 12-9-51. Emission inspection required for motor vehicle registration; operation without registration; improper reuse.
• 12-9-52. Amendment, modification, revocation, or suspension of certificate of authorization.
• 12-9-53. Review of director's decision.
• 12-9-54. Sale of vehicle.
• 12-9-55. Prohibited acts; registration of vehicle by county without proof of inspection; penalty; withholding of funding.
• 12-9-56. Rules and regulations.
• 12-9-57. Effect of federal Clean Air Act requirements; repeal of article.

Article 3 Gasoline Additives.

• 12-9-70. Study and review of gasoline additives.

Chapter 10. Interstate Compacts, 12-10-1 through 12-10-110.

Article 1 Southern States Energy Compact.

• 12-10-1. Compact enacted and entered into by State of Georgia; text of compact.
• 12-10-2. Appointment of representatives to Southern States Energy Board; compensation.
• 12-10-3. Board employees under merit system; establishment of retirement system.
• 12-10-4. Board considered state agency for purpose of obtaining personnel services.
• 12-10-5. Budget of estimated expenditures to be submitted to Governor.
• 12-10-6. Appropriations for supplementary agreements.
• 12-10-7. Cooperation by state departments, agencies, officers, and subdivisions with Board.
• 12-10-8. Appropriation of funds to carry out article and compact.

Article 2 Southern Growth Policies Agreement.

• 12-10-20. Agreement enacted and entered into by State of Georgia; text of agreement.
• 12-10-21. Bylaws and amendments filed with Division of Archives and History.
• 12-10-22. Effect of article on participation with states adopting agreement before July 1, 1973.

Article 3 Interstate Environment Compact.

• 12-10-40. Compact enacted and entered into; text of compact.
• 12-10-41. Commissioner as representative of state in compact.

Article 4 Southeastern Interstate Forest Fire Protection Compact.

• 12-10-60. Required procedure to make compact effective; exchange of documents.
• 12-10-61. Authority of Governor to execute compact with designated states; legislative approval of compact; text of compact.
• 12-10-62. Process.
• 12-10-63. Authority to exercise powers under compact; cooperation with compact administrator.
• 12-10-64. Construction of article.

Article 5 Historic Chattahoochee Compact.

• 12-10-80 and 12-10-81. [Repealed].

Article 6 Apalachicola-Chattahoochee-Flint River Basin Compact.

• 12-10-100. Compact enacted and entered into; text of compact.

Article 7 Alabama-Coosa-Tallapoosa River Basin Compact.

• 12-10-110. Compact enacted and entered into; text of compact.

"SOUTHERN GROWTH POLICIES AGREEMENT ARTICLE I. FINDINGS AND PURPOSES.

"INTERSTATE ENVIRONMENT COMPACT ARTICLE 1. FINDINGS, PURPOSES AND RESERVATIONS OF POWER.

"APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT The states of Alabama, Florida and Georgia and the United States of America hereby agree to the following compact which shall become effective upon enactment of concurrent legislation by each respective state legislature and the Congress of the United States.

SHORT TITLE This Act shall be known and may be cited as the 'Apalachicola-Chattahoochee-Flint River Basin Compact' and shall be referred to hereafter in this document as the 'ACF Compact' or 'Compact.'

ARTICLE I COMPACT PURPOSES

ARTICLE II SCOPE OF THE COMPACT

ARTICLE III PARTIES

ARTICLE IV DEFINITIONS

ARTICLE V CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT

ARTICLE VI ACF BASIN COMMISSION CREATED

ARTICLE VII EQUITABLE APPORTIONMENT

ARTICLE VIII CONDITIONS RESULTING IN TERMINATION OF THE COMPACT

ARTICLE IX COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA

ARTICLE X RELATIONSHIP TO OTHER LAWS

ARTICLE XI PUBLIC PARTICIPATION

ARTICLE XII FUNDING AND EXPENSES OF THE COMMISSION

ARTICLE XIII DISPUTE RESOLUTION

ARTICLE XIV ENFORCEMENT

ARTICLE XV IMPACTS ON OTHER STREAM SYSTEMS

ARTICLE XVI IMPACT OF COMPACT ON USE OF WATER WITHIN THE

BOUNDARIES OF THE COMPACTING STATES The provisions of this Compact shall not interfere with the right or power of any state to regulate the use and control of water within the boundaries of the state, providing such state action is not inconsistent with the allocation formula.

ARTICLE XVII AGREEMENT REGARDING WATER QUALITY

ARTICLE XVIII EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT

ARTICLE XIX SEVERABILITY

ARTICLE XX NOTICE AND FORMS OF SIGNATURE

"ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT The states of Alabama and Georgia and the United States of America hereby agree to the following compact which shall become effective upon enactment of concurrent legislation by each respective state legislature and the Congress of the United States.

SHORT TITLE This Act shall be known and may be cited as the 'Alabama-Coosa-Tallapoosa River Basin Compact' and shall be referred to hereafter in this document as the 'ACT Compact' or 'Compact.'

ARTICLE I COMPACT PURPOSES

ARTICLE II SCOPE OF THE COMPACT

ARTICLE III PARTIES

ARTICLE IV DEFINITIONS

ARTICLE V CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT

ARTICLE VI ACT BASIN COMMISSION CREATED

ARTICLE VII EQUITABLE APPORTIONMENT

ARTICLE VIII CONDITIONS RESULTING IN TERMINATION OF THE COMPACT

ARTICLE IX COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA

ARTICLE X RELATIONSHIP TO OTHER LAWS

ARTICLE XI PUBLIC PARTICIPATION

ARTICLE XII FUNDING AND EXPENSES OF THE COMMISSION

ARTICLE XIII DISPUTE RESOLUTION

ARTICLE XIV ENFORCEMENT

ARTICLE XV IMPACT ON OTHER STREAM SYSTEMS

ARTICLE XVI IMPACT ON COMPACT ON USE OF WATER WITHIN THE

BOUNDARIES OF THE COMPACTING STATES The provisions of this Compact shall not interfere with the right or power of any state to regulate the use and control of water within the boundaries of the state, providing such state action is not inconsistent with the allocation formula.

ARTICLE XVII AGREEMENT REGARDING WATER QUALITY

ARTICLE XVIII EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT

ARTICLE XIX SEVERABILITY

ARTICLE XX NOTICE AND FORMS OF SIGNATURE

Chapter 11. Georgia Youth Conservation Corps, 12-11-1 through 12-11-11.

• 12-11-1. Short title.
• 12-11-2. Legislative findings.
• 12-11-3. Definitions.
• 12-11-4. Corps created; purposes; rules and regulations.
• 12-11-5. Director; administration of corps programs; energy savings initiatives.
• 12-11-6. Identification of projects.
• 12-11-7. Enrollment of members; considerations in development of corps program; education component; independent participation by youth served by state agencies.
• 12-11-8. Location of and contracts for projects; prohibited uses of corps members.
• 12-11-9. Grants, donations, bequests; insignia.
• 12-11-10. Coordinated job training and placement services.
• 12-11-11. Conservation Corps Advisory Council.

Chapter 12. Asbestos Safety, 12-12-1 through 12-12-21.

• 12-12-1. Short title.
• 12-12-2. Purpose of chapter.
• 12-12-3. Definitions.
• 12-12-4. Rules and regulations; schedule of contractor license and project fees.
• 12-12-5. Powers and duties of director.
• 12-12-6. License requirement; application; renewal; exception.
• 12-12-7. Training requirements.
• 12-12-8. Reciprocity.
• 12-12-9. Denial, revocation, or suspension of license; grounds; review of decision.
• 12-12-10. Notice of commencement of project; contents; project fee; certification of completion.
• 12-12-11. Compliance with chapter required.
• 12-12-12. Investigation rights of director; contractor to make records available.
• 12-12-13. Cease and desist orders.
• 12-12-14. Injunctions; restraining and other orders.
• 12-12-15. Imminent and substantial danger; remedies of director.
• 12-12-16. Civil penalty for violation; hearing and judicial review; disposition of penalties.
• 12-12-17. Hearing and judicial review procedure.
• 12-12-18. Judgment in accordance with order of director or administrative law judge.
• 12-12-19. Attorney General to provide legal representation.
• 12-12-20. Sovereign immunity not waived; legal duties of contractor, project monitor, or asbestos worker not relieved by chapter.
• 12-12-21. Sovereign immunity.

Chapter 13. Underground Storage Tanks, 12-13-1 through 12-13-22.

• 12-13-1. Short title.
• 12-13-2. Public policy.
• 12-13-3. Definitions.
• 12-13-4. Exceptions to chapter.
• 12-13-5. Rules and regulations; enforcement powers.
• 12-13-6. Powers and duties of director.
• 12-13-7. Performance standards applicable until rules and regulations effective.
• 12-13-8. Investigations.
• 12-13-9. Establishing financial responsibility; claims against guarantor; Underground Storage Tank Trust Fund.
• 12-13-10. Environmental assurance fees; late participation fee.
• 12-13-11. Corrective action for release of petroleum product into environment.
• 12-13-12. Recovery in event of discharge or threat of discharge of regulated substance; lien.
• 12-13-13. Notification by owner of underground storage tank.
• 12-13-14. Corrective action for violations of chapter, rules and regulations, or orders and for release of regulated substance into environment.
• 12-13-15. Injunctions and restraining orders.
• 12-13-16. Hearings and review.
• 12-13-17. Judgment in accordance with division's order.
• 12-13-18. Required compliance with chapter; proof that petroleum subjected to environmental fee; violations of chapter; access to property.
• 12-13-19. Violations; imposition of penalties.
• 12-13-20. Emergency orders; hearing.
• 12-13-21. Public access to records.
• 12-13-22. Representation by Attorney General.

Chapter 14. Oil or Hazardous Material Spills or Releases, 12-14-1 through 12-14-4.

• 12-14-1. Definitions.
• 12-14-2. Reporting spilled or released oil or hazardous substance; promulgation of rules and regulations by Board of Natural Resources.
• 12-14-3. Notification of Environmental Protection Division of spill or release; development of procedures to notify other governmental agencies.
• 12-14-4. Civil penalties; procedures for imposing penalties.

Chapter 15. Sewage Holding Tanks and Commercial Waste, 12-15-1 through 12-15-24.

Article 1 Sewage Holding Tanks.

• 12-15-1. Short title.
• 12-15-2. Legislative findings.
• 12-15-3. Definitions.
• 12-15-4. When sewage holding tanks may be utilized.
• 12-15-5. Sewage holding tank specifications; removal of sewage from tanks; disposal of sewage; manifests.
• 12-15-6. Responsibility for ensuring compliance with article.
• 12-15-7. Enforcement of compliance with article.
• 12-15-8. Violations.

Article 2 Commercial Waste.

• 12-15-20. Definitions.
• 12-15-21. Removal of commercial waste in clean and sanitary fashion; registration of waste transporter; disposal; manifest system; penalty for violations.
• 12-15-22. Promulgation of rules and regulations.
• 12-15-23. Enforcement of compliance with article.
• 12-15-24. Enactment and enforcement of local ordinances.

Chapter 16. Environmental Policy and Regulations, 12-16-1 through 12-16-23.

Article 1 Environmental Policy.

• 12-16-1. Short title.
• 12-16-2. Legislative findings.
• 12-16-3. Definitions.
• 12-16-4. Determination of adverse effect on quality of environment; environmental effects report; consultation with other agencies; publication of notice of proposed action.
• 12-16-5. Public hearing; notice of decision; challenge to decision.
• 12-16-6. Reconciliation of existing authority required.
• 12-16-7. Effect of article on federal environmental policy requirements.
• 12-16-8. Director to issue guidelines to assist government agencies.
• 12-16-9. Limitation on requirement for environmental evaluation.

Article 2 Procedure for Amending Regulations.

• 12-16-20. Definitions.
• 12-16-21. Detailed statement of rationale for regulatory change required.
• 12-16-22. Exceptions allowed for public health and welfare.
• 12-16-23. Construction with Administrative Procedure Act.

Chapter 17. Petroleum Pipelines, 12-17-1 through 12-17-6.

• 12-17-1. Definitions.
• 12-17-2. Permit required.
• 12-17-3. Permit application requirements; notice.
• 12-17-4. Considerations in permitting.
• 12-17-5. Aggrieved or adversely affected defined; administrative review.
• 12-17-6. Regulations for enforcement.