06 LC
25 4489S (SCS)
Senate
Bill 191
By:
Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and
Pearson of the 51st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-2-2 of the Official Code of Georgia Annotated, 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, so as to provide for expedited review of
certain applications for permits or variances performed by qualified
professionals under contract with the division for such purpose; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-2-2 of the Official Code of Georgia Annotated, 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, is amended by striking paragraph (1) of
subsection (c) 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.
All
laws and parts of laws in conflict with this Act are repealed.