GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree that you will not copy, print, or download anything from this website for any commercial use.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell, will not license, and will not otherwise make available in exchange for anything of value, anything that you download, print, or copy from this site.

You agree that you will not copy, print, or download any portion of the regulations posted on this site exceeding a single chapter of regulations for sale, license, or other transfer to a third party, except that you may quote a reasonable portion of the regulations in the course of rendering professional advice.

If you violate this agreement, or if you access or use this website in violation of this agreement, you agree that Lawriter will suffer damages of at least $20,000.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

Subject 391-1-3 PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES

Rule 391-1-3-.01 Public Participation In Enforcement of Environmental Statutes

(1) The Environmental Protection Division shall issue notices of proposed or final administrative orders and proposed or final administrative consent orders as required in applicable statutes and rules of this State.
(2) At the completion of the negotiation process required by O.C.G.A. § 12-2-2(c)(6) and before executing and issuing any administrative consent order which falls in any of the categories in (a) below, the Environmental Protection Division shall provide notice and opportunity to the public to comment on and provide information regarding the proposed issuance of such orders. This chapter shall not apply to or delay emergency actions as determined by the director of the Environmental Protection Division, nor actions which will immediately address ongoing harmful releases into the environment, nor actions relating to Georgia's Underground Storage Tank Trust Fund disbursements on behalf of that fund's participants.
(a) The following categories of administrative consent orders are subject to (2) above:
1. orders for which the director of the Environmental Protection Division believes a release of a regulated substance into the environment may have endangered or may be endangering human health. A regulated substance is one having a human health-based standard adopted by the Board of Natural Resources. The Director may consider such factors as the toxicity of the released substance, the amount and duration of the release and the potential for human exposure to the release.
2. orders with compliance schedules exceeding one year or orders extending an existing compliance schedule.
3. a second order issued to the same facility for reasons of noncompliance under the same statute in a twelve month period.
4. orders for which the person entering into the proposed order requests in writing that notice be issued to the public.
(b) A thirty-day comment period shall be provided. The notices shall include, at a minimum, the name and location of the facility; the nature of the violation or cause of the order, and information on how to obtain a copy of the proposed order.
(c) The Environmental Protection Division shall consider all information received during the comment period prior to acting upon the proposed administrative consent order. Such information may consist of, but not be limited to, letters, documents, photos, and videos.
(3) The Environmental Protection Division shall prepare notices (typically weekly, but at least monthly) which list fully executed administrative orders and fully executed administrative consent orders issued by the director. The notices shall include pertinent information such as the order number, the name and location of the facility, the nature of the violation or cause of the order, the date of issuance and the monetary settlement.
(4) The notices specified in (1), (2) and (3) above shall consist of posting on the Environmental Protection Division's Internet Web Site and, for orders pertaining to facilities located in counties with populations of less than 10,000 persons, written notice provided to local newspapers and radio stations. Notices shall be mailed to persons requesting such for an annual fee of fifty ($50) dollars.

Rule 391-1-3-.02 Petitions for Hearing: Time for Filing of Same

(1) Within 30 days of the mailing of an issued grant or denial of a license, permit, or variance executed by the Environmental Protection Division, or an administrative order or fully executed administrative consent order executed and issued by the Environmental Protection Division, to the person to whom the grant or denial of such license, permit, or variance, or the issuance of such order is directed, any person aggrieved or adversely affected thereby as defined by O.C.G.A. 12-2-2(c)(3)(A) may file a written petition for a hearing with the Environmental Protection Division.
(2) Within 30 days of the posting, notification to news media, or mailing pursuant to Rule 391-1-3-.01(4), of any notice which lists Environmental Protection Division fully executed administrative orders or administrative consent orders pursuant to Rule 391-1-3-.01(3), any person other than the person to whom an order is directed, who is aggrieved or adversely affected as defined by O.C.G.A. 12-2-2(c)(3)(A) by an order on the list may file a written petition for a hearing with the director.

Rule 391-1-3-.03 Repealed

Rule 391-1-3-.04 Repealed

Rule 391-1-3-.05 Repealed

Rule 391-1-3-.06 Repealed

Rule 391-1-3-.07 Repealed

Rule 391-1-3-.08 Repealed

Rule 391-1-3-.09 Repealed

Rule 391-1-3-.10 Repealed

Rule 391-1-3-.11 Repealed

Rule 391-1-3-.12 Repealed

Rule 391-1-3-.13 Repealed