§ 12-16-21. Detailed Statement of Rationale for Regulatory Change Required
Prior to the board’s promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale: Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, […]
§ 12-16-22. Exceptions Allowed for Public Health and Welfare
Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health […]
§ 12-16-23. Construction With Administrative Procedure Act
The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 12-16-23 , enacted by Ga. L. 2004, p. 329, § 3.
§ 12-17-1. Definitions
As used in this chapter, the term: “Board” means the Board of Natural Resources. “Director” means the director of the Environmental Protection Division of the Department of Natural Resources. “Division” means the Environmental Protection Division within the Department of Natural Resources. “Existing petroleum pipeline” means a petroleum pipeline constructed and in use prior to January […]
§ 12-17-2. Permit Required
On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the director as provided in this chapter. No construction activity on any portion of a new petroleum pipeline or any extension shall occur unless and until such permit is obtained. Such […]
§ 12-17-3. Permit Application Requirements; Notice
Any application to the division for a permit under this chapter shall contain, at a minimum, the following: Siting information, including, but not limited to, a map showing the proposed location of the route of the new petroleum pipeline or of the extension; Information obtained from a cultural resource assessment conducted along the proposed route […]
§ 12-17-4. Considerations in Permitting
In making the decision as to whether to grant any permits required by this chapter, the director shall determine whether the portion of the petroleum pipeline for which the permit is sought is consistent with and not an undue hazard to the environment and natural resources of this state after consideration of the following factors: […]
§ 12-17-5. Aggrieved or Adversely Affected Defined; Administrative Review
As used in this Code section, the term “aggrieved or adversely affected” means a challenged action has caused or will cause persons injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the provisions of this chapter that the director is empowered to […]
§ 12-17-6. Regulations for Enforcement
No later than July 1, 2018, the board shall, pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” promulgate such rules and regulations as are necessary and reasonable for purposes of enforcement of this chapter, which shall include, but may not be limited to: The submission of a permit application and provisions […]
§ 12-16-5. Public Hearing; Notice of Decision; Challenge to Decision
If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or […]