08
Senate
Bill 420
By:
Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers
of the 21st and Tolleson of the 20th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating
to control of soil erosion and sedimentation, so as to exempt the Department of
Transportation from civil penalties levied for violations; to provide for
applicability and an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 12 of the Official Code of Georgia Annotated, relating to control of
soil erosion and sedimentation, is amended by revising Code Section 12-7-15,
relating to civil penalties for violating provisions regarding soil erosion and
sedimentation, as follows:
"12-7-15.
(a)
Any person who violates any provision of this chapter, the rules and regulations
adopted pursuant to this chapter, or any permit condition or limitation
established pursuant to this chapter or who negligently or intentionally fails
or refuses to comply with any final or emergency order of the director issued as
provided in this chapter shall be liable for a civil penalty not to exceed
$2,500.00 per day. For the purpose of enforcing the provisions of this chapter,
notwithstanding any provision in any city charter to the contrary, municipal
courts shall be authorized to impose a penalty not to exceed $2,500.00 for each
violation. Notwithstanding any limitation of law as to penalties which can be
assessed for violations of county ordinances, any magistrate court or any other
court of competent jurisdiction trying cases brought as violations of this
chapter under county ordinances approved under this chapter shall be authorized
to impose penalties for such violations not to exceed $2,500.00 for each
violation. Each day during which the violation or failure or refusal to comply
continues shall be a separate violation.
(b)
The Department of Transportation shall not be assessed any civil penalties under
the provisions of this Code section; provided, however, nothing in this Code
section shall diminish the property rights of any landowner adversely affected
by construction activity of the Department of Transportation. Nothing in this
Code section shall prevent the Department of Transportation from enforcing the
provisions of its contracts, particularly with regards to penalties, for
noncompliance by
contractors."
SECTION
2.
Said
chapter is further amended by revising paragraph (9) of Code Section 12-7-17,
relating to exemptions from the provisions governing soil erosion and
sedimentation, as follows:
"(9)
Construction or maintenance projects, or both, undertaken or financed in whole
or in part, or both, by the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority; or any road construction or
maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the Department
of Transportation or the State Road and Tollway Authority which disturb one or
more contiguous acres of land shall be subject to the provisions of Code Section
12-7-7.1; except where the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority is a secondary permittee for
a project located within a larger common plan of development or sale under the
state general permit, in which case a copy of a notice of intent under the state
general permit shall be submitted to the local issuing authority, the local
issuing authority shall enforce compliance with the minimum requirements set
forth in Code Section 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit
holders;
provided, further, that the Department of Transportation shall not be assessed
civil penalties under Code Section 12-7-15; and provided, further, that nothing
in this Code section shall prevent the Department of Transportation from
enforcing the provisions of its contracts, particularly with regards to
penalties, for noncompliance by
contractors."
SECTION
3.
This
Act shall become effective on July 1, 2008, and apply to any proceeding
initiated on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.