08 AM 34
0201
WITHDRAWN
Senators Meyer von Bremen of the 12th, Harp of the 29th and Pearson of the 51st offered the following amendment:
Senators Meyer von Bremen of the 12th, Harp of the 29th and Pearson of the 51st offered the following amendment:
Amend
the Senate Transportation Committee substitute to SB 420 by substituting
"To amend Chapter 5 of Title 12 of the
Official Code of Georgia Annotated, relating to water resources, so as to exempt
the Department of Transportation from civil penalties levied for violations;
to" for
"To"
on line 1 of page 1.
By
deleting "and its contractors"
on line 3 on page
1.
By
adding a new section between lines 5 and 6 on page 1 to read as
follows:
SECTION
.1.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by revising subsection (a) of Code Section 12-5-52,
relating to civil penalties for violating provisions regarding water resources,
as follows:
"(a)
Any person violating any provision of this article or any permit condition or
limitation established pursuant to this article or, negligently or
intentionally, failing or refusing to comply with any final or emergency order
of the director issued as provided in this article, shall be liable to a civil
penalty not to exceed $50,000.00 per day for each day during which such
violation continues; provided, however, that a separate and later incident
creating a violation within a 12 month period shall be liable for a civil
penalty not to exceed $100,000.00 per day for each day during which such
violation continues.
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."
By
deleting
"or any
contractor working under a contract for such
department"
on lines 23 and 24 of page 1.
By
substituting
"Code
section"
for
"chapter"
on line 1 on page
2.
By
deleting
"or any
contractor working under a contract for such
department"
on line 20 of page 2.