08
SB466/AP
Senate
Bill 466
By:
Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance
of the 16th and Cowsert of the 46th
AS
PASSED
AN
ACT
To
amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to water resources, so as to exempt permanent facility car washes and swimming
pools from outdoor water use restrictions under certain conditions; to provide
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 in subsection (l) of Code Section 12-5-31, relating to
permits for withdrawal, diversion, or impoundment of surface waters generally
and for farm uses and monitoring, recording, and reporting water withdrawals, by
deleting "and" at the end of paragraph (4) and adding new paragraphs to read as
follows:
"(4.1)
The use of surface water by any permanent facility car wash shall be deemed not
to be outdoor water use for purposes of any outdoor watering restrictions if the
facility:
(A)
Is connected to a sanitary sewer system of a political subdivision or local
government authority or recycles used wash water; and
(B)
Is certified by the division as meeting or exceeding applicable best management
practices for car washing facilities, which the Board of Natural Resources shall
provide by rules and regulations not later than October 1, 2008. Such
certification shall expire annually and may be issued or renewed upon compliance
with such best management practices and payment of a $50.00 fee to the division.
The provisions of this subparagraph shall apply on and after the effective date
of such board rules and regulations;
(4.2)
The use of surface water for any swimming pool shall be deemed not to be outdoor
water use for purposes of any outdoor watering restrictions if failure to
maintain the swimming pool would create unsafe, unsanitary, or unhealthy
conditions, affecting the public health or welfare; and "
SECTION
2.
Said
chapter is further amended in Code Section 12-5-102, relating to emergency
orders, hearing, and appeal, by adding new subsections to read as
follows:
"(e)
The use of ground water by any permanent facility car wash shall be deemed not
to be outdoor water use for purposes of any outdoor watering restrictions if the
facility:
(1)
Is connected to a sanitary sewer system of a political subdivision or local
government authority or recycles used wash water; and
(2)
Is certified by the division as meeting or exceeding applicable best management
practices for car washing facilities, which the Board of Natural Resources shall
provide by rules and regulations not later than October 1, 2008. Such
certification shall expire annually and may be issued or renewed upon compliance
with such best management practices and payment of a $50.00 fee to the division.
The provisions of this paragraph shall apply on and after the effective date of
such board rules and regulations.
(f)
The use of ground water for any swimming pool shall be deemed not to be outdoor
water use for purposes of any outdoor watering restrictions if failure to
maintain the swimming pool would create unsafe, unsanitary, or unhealthy
conditions, affecting the public health or welfare."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.