sb420_Floor_sub_LC_34_1725S_8.html
08 LC 34 1725S

Senators Pearson of the 51st, Harp of the 29th and Meyer von Bremen of the 12th offered the following substitute to SB 420:

ADOPTED

A BILL TO BE ENTITLED
AN ACT

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 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 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."

SECTION 2.
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 3.
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 4.
This Act shall become effective on July 1, 2008, and apply to any proceeding initiated on or after that date.

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.