07 LC
25 4843
House
Bill 596
By:
Representatives Smith of the
131st,
Lane of the
167th,
Royal of the
171st,
Morris of the
155th,
and Hanner of the
148th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to control of water pollution and surface water use, so as
to regulate the return of surface waters to the sources from which they were
withdrawn by local government entities; to provide for reports; to provide
penalties for violations; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to control of water pollution and surface water use, is amended by adding a new
Code section to read as follows:
"12-5-31.1.
(a)
Each county, municipality, consolidated government, or local government
authority which holds a permit issued under Code Section 12-5-31 shall report to
the director:
(1)(A)
Monthly, the total volume of surface water withdrawn under such permit during
the most recently completed calendar month; and
(B)
Annually, the total volume of surface water withdrawn under such permit during
the most recently completed calendar year;
(2)(A)
Monthly, the total volume of treated water returned by such permit holder to the
source of permitted withdrawal during the most recently completed calendar
month; and
(B)
Annually, the total volume of treated water returned by such permit holder to
the source of permitted withdrawal during the most recently completed calendar
year; and
(3)
Annually, the total number of on-site sewage management systems within the
applicable county, municipality, or consolidated government area of jurisdiction
at the end of the most recently completed calendar year. For purposes of this
paragraph, the term 'on-site sewage management system' shall have the meaning
provided by Code Section 31-2-7.
(b)(1)
Any county, municipality, consolidated government, or local government authority
which holds a permit issued under Code Section 12-5-31:
(A)
For which the returned amount most recently reported under subparagraph
(a)(2)(A) of this Code section is less than 50 percent of the withdrawn amount
most recently reported under subparagraph (a)(1)(A) of this Code section;
or
(B)
For which the returned amount most recently reported under subparagraph
(a)(2)(B) of this Code section is less than 75 percent of the withdrawn amount
most recently reported under subparagraph (a)(1)(B) of this Code section
shall
be in violation of this paragraph, and the applicable county, municipality, or
consolidated government shall be prohibited from authorizing any net increase in
the total number of on-site management systems within such jurisdiction in which
such under-return occurred, as compared to the total number of on-site
management systems most recently reported under paragraph (3) of subsection (a)
of this Code section.
(2)
Any such permittee which violates paragraph (1) of this subsection shall not be
eligible for renewal of any current withdrawal permit under Code Section
12-5-31, any increase in the amount of withdrawal authorized under such current
permit, or any new permit under said Code section; and the director may impose a
fine on such permittee in the amount of $20,000.00 per year for each on-site
sewage management system which exceeds the number most recently reported under
paragraph (3) of subsection (a) of this Code section.
(3)
Any penalties imposed under this subsection upon a permittee shall cease if and
when the permittee is no longer in violation of paragraph (1) of this
subsection."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.