HB 1113 - Health; septic systems; placement by counties

First Reader Summary

A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that instructions by county health personnel for the placement of septic systems and individual sewage management systems be made in writing; to provide that counties shall be liable for damages caused by devaluation of property as a result of improper instructions for the placement of such systems; and for other purposes.

Dobbs, Denny M (92nd) Breedlove, Keith R (85th)
Status Summary HC: NatR SC: LA: 01/12/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
Code Sections - 31-3-5.1
House Action Senate
3/28/97 Read 1st Time
1/12/98 Read 2nd Time

HB 1113                                            LC 26 0437 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 31 of the Official Code of Georgia Annotated, 
  1- 2  relating to health, so as to require that instructions by 
  1- 3  county health personnel for the placement of septic systems 
  1- 4  and individual sewage management systems be made in writing; 
  1- 5  to provide that counties shall be liable for damages caused 
  1- 6  by devaluation of property as a result of improper 
  1- 7  instructions for the placement of such systems; to provide 
  1- 8  for a waiver of sovereign immunity relative to the same; to 
  1- 9  provide an effective date; to repeal conflicting laws; and 
  1-10  for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Title 31 of the Official Code of Georgia Annotated, relating 
  1-14  to health, is amended by striking in its entirety Code 
  1-15  Section 31-3-5.1, relating to regulations for individual 
  1-16  sewage management systems in unincorporated areas, and 
  1-17  inserting in lieu thereof a new Code Section 31-3-5.1 to 
  1-18  read as follows: 
 
  1-19    "31-3-5.1. 
 
  1-20    (a) In addition to the duties provided by Code Section 
  1-21    31-3-5, each county board of health shall have the power 
  1-22    and duty to adopt regulations providing standards and 
  1-23    requirements governing the installation of septic tanks or 
  1-24    individual sewage management systems within the 
  1-25    unincorporated area of the county.  Such regulations shall 
  1-26    include, but shall not be limited to, the following: 
 
  1-27      (1) Specifying the locations within the unincorporated 
  1-28      area of the county where septic tanks or individual 
  1-29      sewage management systems may be installed and the 
  1-30      locations where such installation is prohibited; 
 
  1-31      (2) Specifying the minimum lot size or land area which 
  1-32      may be served by a septic tank or individual sewage 
  1-33      management system; 
 
 
 
                                 -1- 
 
 
 
  2- 1      (3) The types of residences, buildings, or facilities 
  2- 2      which may be served by septic tanks or individual sewage 
  2- 3      management systems; 
 
  2- 4      (4) Permits for the installation of septic tanks or 
  2- 5      individual sewage management systems prior to such 
  2- 6      installation; and 
 
  2- 7      (5) Inspection of septic tank or individual sewage 
  2- 8      management system installations prior to the completion 
  2- 9      of the installation. 
 
  2-10    (b) No building permit for the construction of any 
  2-11    residence, building, or other facility which is to be 
  2-12    served by a septic tank or individual sewage management 
  2-13    system shall be issued by or pursuant to the authority of 
  2-14    a county governing authority unless the septic tank or 
  2-15    individual sewage management system installation permit is 
  2-16    in conformity with any state-wide minimum standards for 
  2-17    sewage management systems or the rules and regulations of 
  2-18    the county board of health adopted pursuant to the 
  2-19    authority of subsection (a) of this Code section.  No 
  2-20    person, firm, corporation, or other entity shall install a 
  2-21    septic tank or individual sewage management system in 
  2-22    violation of any state-wide minimum standards or the 
  2-23    regulations of a county board of health adopted pursuant 
  2-24    to the authority of subsection (a) of this Code section. 
  2-25    Each county governing authority shall provide by ordinance 
  2-26    or resolution for the enforcement of the provisions of 
  2-27    this subsection. 
 
  2-28    (c) Any direction by personnel of a county board of health 
  2-29    or other county personnel requiring the placement of a 
  2-30    septic tank or individual sewage management system in a 
  2-31    particular location on a property shall be unenforceable 
  2-32    unless such direction is in writing, and such personnel 
  2-33    shall be required to so notify the property owner or his 
  2-34    or her agent at the time of issuance of any such 
  2-35    direction.  The governing authority of the county shall be 
  2-36    liable to the property owner for any damage to the value 
  2-37    of the property caused by contamination of a well by a 
  2-38    septic tank or individual sewage management system located 
  2-39    by the direction of personnel of a county board of health 
  2-40    or other county personnel.  Pursuant to the authority of 
  2-41    Paragraph IX of Section II of Article IX of the 
  2-42    Constitution, the sovereign immunity of each county of 
  2-43    this state is waived to the extent of such damages." 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  Notwithstanding any provisions of Code Section 1-3-4.1 of 
  3- 3  the Official Code of Georgia Annotated to the contrary, this 
  3- 4  Act shall become effective on July 1, 1997. 
 
  3- 5                           SECTION 3. 
 
  3- 6  All laws and parts of laws in conflict with this Act are 
  3- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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