sb187_As_introduced_LC_25_4689_2.html
07 LC 25 4689
Senate Bill 187
By: Senators Pearson of the 51st, Rogers of the 21st, Whitehead, Sr. of the 24th, Goggans of the 7th, Wiles of the 37th and others

A BILL TO BE ENTITLED
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 revised in paragraph (1) of subsection (c) as follows:
"(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 ten 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 notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. 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.
(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; 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 2.
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, 2007; provided, however, that any such pending application which as of July 1, 2007, has been completed and pending for 90 days or longer shall be deemed to have been denied as of July 1, 2007, for purposes of the applicant´s 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.