06
SB191/AP
Senate
Bill 191
By:
Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and
Pearson of the 51st
AS
PASSED
AN
ACT
To
amend Title 12 of the Official Code of Georgia Annotated, relating to
conservation and natural resources, so as to change certain provisions relating
to the Environmental Protection Division, the Environmental Advisory Council,
duties of the council, its members, and the director of the division, procedure
for aggrieved persons, and inspections; to change certain provisions relating to
permits for withdrawal, diversion, or impoundment of surface waters and
monitoring, recording, and reporting water withdrawals; to change certain
provisions relating to permits for groundwater withdrawals for farm uses, notice
of transfer or modification in use or capacity, nonuse, suspension or
modification, priority uses, reporting and measuring water withdrawals, and no
effect on existing common or statutory law; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by striking paragraph (1) of subsection (c) of
Code Section 12-2-2, relating to the Environmental Protection Division, the
Environmental Advisory Council, duties of the council, its members, and the
director of the division, procedure for aggrieved persons, and inspections, and
inserting in lieu thereof the following:
"(c)(1)(A)
The director shall issue all orders and shall grant, deny, revoke, or amend all
permits or variances provided for in the laws to be enforced by the division.
The director shall also issue any certification which is required by any law of
this state or the United States to be issued by the director, the Department of
Natural Resources, or the State of Georgia relating to pollution control
facilities or matters. The director shall notify all permit or variance
applicants within 30 days of receipt of the application as to the completeness
of the application and, if the director finds the same to be incomplete, what
specific additional materials the applicant need submit to make the application
complete. The director shall grant or deny any permit or variance within 90 days
after receipt of all required application materials by the division, provided
that the director may for any application order not more than one extension of
time of not more than 60 days within which to grant or deny the permit or
variance.
(B)(i)
The director may identify professionals qualified to review certain permit
applications in accordance with rules and regulations adopted by the board of
the Department of Natural Resources.
(ii)
A permit applicant may retain a qualified professional to review an application
prior to submittal to the division. If the qualified professional certifies an
application as complete, the division shall act expeditiously on the
application.
(iii)
A qualified professional certifying an application shall be independent of any
professional preparing the application.
(iv)
The applicant shall directly pay the fees of the qualified
professional.
(v)
The director may remove the qualified status of a professional if the
professional provides a certification for an inaccurate
application.
(C)
When any application for a permit or variance is pending before the director and
the director has not either granted or denied the permit or variance within the
time specified for the director to do so, the director shall immediately refund
any and all fees which were required to be submitted by the applicant as a
condition of the permit application, except for fees required to be levied
pursuant to federal law. Such fee refund shall not otherwise affect the
application process, and the application shall be granted, denied, or otherwise
handled as it otherwise would have been, except that the fee requirement shall
be
waived."
SECTION
2.
Said
title is further amended by striking paragraph (3) of subsection (a) of Code
Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment
of surface waters and monitoring, recording, and reporting water withdrawals,
and inserting in lieu thereof the following:
"(3)
Notwithstanding any other provision of this Code section to the contrary, a
permit for the withdrawal or diversion of surface waters for farm uses shall be
issued by the director to any person when the applicant submits an application
which provides reasonable proof that the
applicant́s
farm use of surface waters occurred prior to July 1, 1988, and when any such
application is submitted prior to July 1, 1991. If submitted prior to July 1,
1991, an application for a permit to be issued based upon farm uses of surface
waters occurring prior to July 1, 1988, shall be granted for the withdrawal or
diversion of surface waters at a rate of withdrawal or diversion equal to the
greater of the operating capacity in place for withdrawal or diversion on July
1, 1988, or, when measured in gallons per day on a monthly average for a
calendar year, the greatest withdrawal or diversion capacity during the
five-year period immediately preceding July 1, 1988. If submitted after July 1,
1991, or, regardless of when submitted, if it is based upon a withdrawal or
diversion of surface waters for farm uses occurring or proposed to occur on or
after July 1, 1988, an application shall be subject to evaluation and
classification pursuant to subsections (e), (f), and (g) of this Code section,
but a permit based upon such evaluation and classification shall be issued to
ensure the
applicant́s
right to a reasonable use of such surface waters. Any permit issued pursuant to
this paragraph shall be conditioned upon the requirement that the permittee
shall provide, on forms prescribed by the director, information relating to a
general description of the lands and number of acres subject to irrigation and
the permit; a description of the general type of irrigation system used; the
source of withdrawal water such as river, stream, or impoundment; and pump
information, including rated capacity, pump location, and power information.
Applications under this paragraph submitted on or after the effective date of
this paragraph for farm use within the Flint River basin shall be assessed a
nonrefundable application fee in the amount of $250.00 per application.
Permits applied for under this paragraph on or after the effective date thereof
for farm use in the Flint River basin shall have a term of 25 years and shall be
renewed at the original permitted capacity unless an evaluation of the water
supply by the division indicates that renewal at the original capacity would
have unreasonable adverse effects upon other water uses. The division may renew
the original permit at a lower capacity, but such capacity shall be based on the
reasonable use of the permittee and evaluation of the resource. All permits
issued under this paragraph may be transferred or assigned to subsequent owners
of the lands which are the subject of such permit; provided, however, that the
division shall receive written notice of any such transfer or assignment. Any
modification in the use or capacity conditions contained in the permit or in the
lands which are the subject of such permit shall require the permittee to submit
an application for review and approval by the director consistent with this Code
section. Nothing in this paragraph shall be construed as a repeal or
modification of Code Section
12-5-46."
SECTION
3.
Said
title is further amended by in subsection (k) of said Code Section 12-5-31 by
adding a new paragraph to read as follows:
"(6.1)
The director may permanently revoke any permit under this Code section for farm
use within the Flint River Basin applied for on or after the effective date of
this paragraph if initial use for the purpose indicated on the permit
application, as measured by a flow meter approved by the State Soil and Water
Conservation Commission, has not commenced within two years of the date of
issuance of the permit unless the permittee can reasonably demonstrate that his
or her nonuse was due to financial hardship or circumstances beyond his or her
control."
SECTION
4.
Said
title is further amended by striking subsections (a) and (b) of Code Section
12-5-105, relating to permits for groundwater withdrawals for farm uses, notice
of transfer or modification in use or capacity, nonuse, suspension or
modification, priority uses, reporting and measuring water withdrawals, and no
effect on existing common or statutory law, and inserting in lieu thereof the
following:
"(a)
Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to
the contrary, a permit to withdraw, obtain, or utilize ground waters for farm
uses, as that term is defined by paragraph (5.1) of Code Section 12-5-92, shall
be issued by the director to any person when the applicant submits an
application which provides reasonable proof that the
applicant́s
farm use of ground water occurred prior to July 1, 1988, and when such
application is submitted prior to July 1, 1991. If submitted prior to July 1,
1991, an application for a permit to be issued based upon farm uses of ground
water occurring prior to July 1, 1988, shall be granted for the withdrawal of
ground water at a rate of withdrawal equal to the greater of the operating
capacity in place for withdrawal on July 1, 1988, or, when measured in gallons
per day on a monthly average for a calendar year, the greatest withdrawal
capacity during the five-year period immediately preceding July 1, 1988. If
submitted after July 1, 1991, or, regardless of when submitted, if it is based
upon a withdrawal of ground water for farm uses occurring or proposed to occur
on or after July 1, 1988, an application shall be subject to evaluation and
classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based
upon such evaluation and classification shall be issued to ensure the
applicant́s
right to a reasonable use of such ground water. Applications under this Code
section submitted on or after the effective date of this subsection for farm use
within the Flint River basin shall be assessed a nonrefundable application fee
in the amount of $250.00 per application. Any permit issued pursuant to this
Code section shall be further conditioned upon the requirement that the
permittee shall provide, on forms prescribed by the director, information
relating to a general description of the lands and number of acres subject to
irrigation and the permit; the name and address of the permittee; a description
of the general type of irrigation system used; well construction; and pump
information, including rated capacity, pump setting depth, and power
information.
(b)
Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to
the contrary, permits to withdraw, obtain, or utilize ground waters for farm
uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92,
whether for new withdrawals or under subsection (a) of this Code section, shall
be governed as follows:
(1)
A permit issued, modified, or amended after July 1, 2003, for farm uses shall
have annual reporting requirements. Permits applied for under this Code section
on or after the effective date of this subsection for farm use within the Flint
River basin shall have a term of 25 years and shall be renewed at the original
permitted capacity unless an evaluation of the water supply by the division
indicates that renewal at the original capacity would have unreasonable adverse
effects upon other water uses. The division may renew the original permit at a
lower capacity, but such capacity shall be based on the reasonable use of the
permittee and evaluation of the resource. All permits issued under this Code
section may be transferred or assigned to subsequent owners of the lands which
are the subject of such permit; provided, however, that the division shall
receive written notice of any such transfer or assignment, and any modification
in the use or capacity conditions contained in the permit or in the lands which
are the subject of such permit shall require the permittee to submit an
application for review and approval by the director consistent with the
requirements of this part;
(2)
Permits for farm use, after initial use has commenced, shall not be revoked, in
whole or in part, for nonuse; except that the director may permanently revoke
any permit under this Code section for farm use within the Flint River Basin
applied for on or after the effective date of this paragraph if initial use for
the purpose indicated on the permit application, as measured by a flow meter
approved by the State Soil and Water Conservation Commission, has not commenced
within two years of the date of issuance of the permit unless the permittee can
reasonably demonstrate that his or her nonuse was due to financial hardship or
circumstances beyond his or her control;
(3)
The director may suspend or modify a permit for farm use if he or she should
determine through inspection, investigations, or otherwise that the quantity of
water allowed would prevent other applicants from reasonable use of ground water
beneath their property for farm use;
(4)
During emergency periods of water shortage, the director shall give first
priority to providing water for human consumption and second priority to farm
use; and
(5)
The importance and necessity of water for industrial purposes are in no way
modified or diminished by this Code
section."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.