This chapter shall be known and may be cited as the “Erosion and Sedimentation Act of 1975.” History. Ga. L. 1975, p. 994, § 1; Ga. L. 2003, p. 224, § 5. Law reviews. For article, “From Marshes to Mountains, Wetlands Come Under State Regulation,” see 41 Mercer L. Rev. 865 (1990). For article, “Local […]
Except as otherwise provided by Code Section 12-7-7, immediately upon receipt of an application for a permit the application and plan for sediment and erosion control shall be referred to the appropriate district wherein such land-disturbing activities are proposed to take place, for its review and approval or disapproval concerning the adequacy of the erosion […]
Within the time specified by Code Section 12-7-9, the local issuing authority shall issue or deny the permit. The local issuing authority, upon denial of a permit, shall state its reasons for the denial, setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this chapter shall be carried […]
Except as provided in subsection (d) of this Code section, whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred in a county or municipality which is not certified pursuant to subsection (a) of […]
Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations adopted pursuant to this chapter, or any order or permit conditions in a county or municipality which is not […]
Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that certain land-disturbing activities occurring in a municipality or county which is not certified pursuant to subsection (a) of Code Section 12-7-8 are presenting an imminent and substantial danger to the environment or to the health of humans, the director may […]
Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall […]
All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and […]
This chapter shall not apply to the following activities: Surface mining, as the same is defined in Code Section 12-4-72; Granite quarrying and land clearing for such quarrying; Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; The construction […]
No provision of this chapter shall authorize any person to violate Article 2 of Chapter 5 of this title, the “Georgia Water Quality Control Act,” or the rules and regulations promulgated and approved under said article or to pollute any waters of this state as defined in said article. History. Ga. L. 1975, p. 994, […]
Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission in accordance with this Code section and in consultation with the division and the Stakeholder […]
It is found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution […]
There shall be a Stakeholder Advisory Board to consist of not more than 13 members. Members shall be appointed by the Governor, shall serve at the pleasure thereof, and shall represent the following interests: The division; The commission; Soil and water conservation districts; The Department of Transportation; Municipal governments; County governments; Public utilities; The engineering […]
Reserved. Code Commission notes. Pursuant to Code Section 28-9-5, in 2006, the designation of this Code section was reserved. Editor’s notes. This Code section was repealed under its own terms effective July 1, 2006, and was based on Code 1981, § 12-7-21 , enacted by Ga. L. 2003, p. 224, § 5.
In order to achieve efficiencies and economies for both the division and the regulated community by the use of electronic filing for certain application and reporting requirements of this chapter and National Pollution Discharge Elimination System permits, the division and the Pollution Prevention Assistance Division of the department shall jointly work toward implementing such an […]
As used in this chapter, the term: “Board” means the Board of Natural Resources. “Buffer” means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. (2.1) “Coastal marshlands” shall have the same meaning as in Code […]
The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in […]
The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall contain provisions which meet […]
Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any […]
No land-disturbing activities shall be conducted in this state, except those land-disturbing activities provided for in Code Section 12-7-17, without the operator first securing a permit from a local issuing authority or providing notice of intent to the division as required by this Code section. In those counties, municipalities, and service areas for water or […]
