SB 319 - Public Prop. Condemnation - water quality emergencies

First Reader Summary

A bill to amend Article 7 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Commission on the Condemnation of Public Property, so as to provide for the declaration of water quality emergencies; to define certain terms; to provide for the appointment of an interim water quality manager to assume control of certain sewer systems.

Langford, Steve E (29th) Scott, David (36th) Dean, Nathan (31st)
Status Summary HC: SC: SLGO LA: 03/14/97 S - Read 2nd Time (Sub)
Page Numbers - 1/ 2
Code Sections - 12-5-27.2
Senate Action House
2/25/97 Read 1st time
3/13/97 Favorably Reported
Sub Committee Amend/Sub
3/14/97 Read 2nd Time
3/17/97* Read 3rd Time

SB 319                                            LC 21 4582S 
 
               ______________________________ offers the following 
      substitute to SB 319: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 5 of Title 12 of the Official 
  1- 2  Code of Georgia Annotated, relating to the control of water 
  1- 3  pollution and surface water use, so as to change the 
  1- 4  sanction for noncompliance with the provisions of such 
  1- 5  article to take into consideration an act of God; to provide 
  1- 6  conditions for the return of certain civil penalties to 
  1- 7  certain local governments; to provide for the use of such 
  1- 8  funds; to repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Article 2 of Chapter 5 of Title 12 of the Official Code of 
  1-12  Georgia Annotated, relating to the control of water 
  1-13  pollution and surface water use, is amended by striking in 
  1-14  its entirety paragraph (6) of subsection (c) of Code Section 
  1-15  12-5-23.2, relating to waste-water limitations and 
  1-16  construction milestones, and inserting in lieu thereof the 
  1-17  following: 
 
  1-18      "(6) If in any month two consecutive months after July 
  1-19      1, 1996, and before December 31, 1998, a person 
  1-20      discharges waste water from such person's water 
  1-21      pollution control plants containing more than 0.75 
  1-22      milligrams of phosphorous per liter of water on a 
  1-23      monthly average basis; or if in any month two 
  1-24      consecutive months after January 1, 1999, and before 
  1-25      December 31, 2000, a person discharges waste water from 
  1-26      such person's water pollution control plants containing 
  1-27      more than 0.64 milligrams of phosphorous per liter of 
  1-28      water on a monthly average basis; or if in any month two 
  1-29      consecutive months after January 1, 2001, a person 
  1-30      discharges waste water from any individual water 
  1-31      pollution control plant containing more than 0.64 
  1-32      milligrams of phosphorous per liter of water on a 
  1-33      monthly average basis, such person shall not permit any 
  1-34      additional sewer connections within such person's 
  1-35      corporate limits until he or she has been in compliance 
 
 
                                 -1- 
 
 
 
  2- 1      with such provisions for three consecutive months.  The 
  2- 2      provisions of this subsection shall apply without regard 
  2- 3      to the provisions of paragraphs (1) through (5) of this 
  2- 4      subsection and shall not be suspended or terminated." 
 
  2- 5                           SECTION 2. 
 
  2- 6  Said article is further amended by inserting immediately 
  2- 7  following Code Section 12-5-27.1 a new Code section to read 
  2- 8  as follows: 
 
  2- 9    "12-5-27.2. 
 
  2-10    Notwithstanding any provision of Code Section 12-5-23.2 or 
  2-11    12-5-27.1, a sum equal to all penalties paid by a local 
  2-12    governing authority prior to July 1, 1997, pursuant to the 
  2-13    provisions of either or both such Code sections shall be 
  2-14    paid to such governing authority; provided, however, that 
  2-15    the local governing authority may use such funds only for 
  2-16    construction contained in the approved comprehensive plan. 
  2-17    On the first day of July of each subsequent year, an 
  2-18    amount equal to all civil penalties paid by such governing 
  2-19    authority pursuant to such Code sections during the 
  2-20    previous fiscal year shall be paid to such local governing 
  2-21    authority; provided, however, that the local governing 
  2-22    authority may use such funds only for construction 
  2-23    contained in the approved comprehensive plan." 
 
  2-24                           SECTION 3. 
 
  2-25  All laws and parts of laws in conflict with this Act are 
  2-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

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

y>