LC
25 4300
Senate
Bill 512
By:
Senators Pearson of the 51st, Seabaugh of the 28th, Balfour of the 9th, Kemp of
the 46th and Williams of the 19th
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 of the Department of Natural Resources,
the Environmental Advisory Council, duties of the council and its members and
the director, procedure for aggrieved persons, and inspections, so as to change
certain provisions relating to review and approval or denial of applications for
certain permits or variances; to provide for applicability and effect; 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, Environmental Advisory Council, duties of the
council and its members and the director, procedure for aggrieved persons, and
inspections, is amended by striking paragraph (1) of subsection (c) and
inserting in lieu thereof the following:
∀(c)(1)
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
60
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
30
days within which to grant or deny the permit or variance. 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; and such
failure by the director to grant or deny a permit or variance within the time
specified shall be considered a decision to refuse to grant such permit or
variance, and the applicant may request review of such decision as provided by
paragraph (2) of this subsection.
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
3.
This
Act shall apply to any application to the Environmental Protection Division of
the Department of Natural Resources for a permit or variance which application
is pending on or after July 1, 2006; provided, however, that any such pending
application which as of July 1, 2006, has been completed and pending for 90
days or longer shall be deemed to have been denied as of July 1, 2006, for
purposes of the
applicant́s
eligibility to request review of such decision under paragraph (2) of subsection
(c) of Code Section 12-2-2 of the Official Code of Georgia
Annotated.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.