Subject 391-3-23 PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES
The following rule serves to protect Georgia's natural and
environmental resources by requiring permits be issued by the Director with
monitoring conditions prior to any construction of a new petroleum pipeline or
an extension to an existing petroleum pipeline.
| (1) |
`Corridor of
Public Utilities' means right of way for electric, telephone, and cable
facilities and pipelines such as natural gas, liquid product, sewer and
water. |
| (2) |
`Director' means the
Director of the Environmental Protection Division of the Georgia Department of
Natural Resources. |
| (3) |
`Division'
means the Environmental Protection Division of the Georgia Department of
Natural Resources. |
| (4) |
'Existing
petroleum pipeline' means a petroleum pipeline constructed and in use prior to
January 1, 2016. |
| (5) |
'Expansion'
means a modification to an existing petroleum pipeline within the existing
easement or right of way that increases the supply of petroleum by:
| (a) |
Increasing the diameter of an existing
petroleum pipeline; or |
| (b) |
Constructing a parallel petroleum pipeline. |
|
| (6) |
'Extension' means a modification to an
existing petroleum pipeline that increases the length or footprint of the
existing petroleum pipeline by a distance greater than one linear
mile. |
| (7) |
'Maintenance' means:
| (a) |
The care or upkeep of an existing
petroleum pipeline and its appurtenances; |
| (b) |
The replacement of an existing petroleum
pipeline within the same easement or right of way; or |
| (c) |
The relocation of an existing petroleum
pipeline for repair within one linear mile of the existing petroleum pipeline's
alignment. |
|
| (8) |
'New
petroleum pipeline' means a petroleum pipeline that was not constructed and in
use prior to January 1, 2016. The term 'new petroleum pipeline' shall not
include an expansion, an extension, or any maintenance. |
| (9) |
'Parallel petroleum pipeline' means a
petroleum pipeline that runs side by side to an existing petroleum
pipeline. |
| (10) |
`Petroleum Product'
means any mixture of naturally occurring or artificially produced refined
hydrocarbons that are liquid at atmospheric temperatures and
pressures. |
| (11) |
'Petroleum
pipeline' means a fixed conduit constructed to transport petroleum or petroleum
products in or through this state. |
| (12) |
`Petroleum Pipeline Company' means a
corporation, partnership, or other business entity organized under the laws of
this state or which is organized under the laws of another state and is
authorized to do business in this state and which is specifically authorized by
its charter or articles of incorporation to construct and operate pipelines for
the transportation of petroleum or petroleum products. |
| (13) |
`Pipeline Facility' or `Pipeline
Facilities' means and includes the pipeline and all equipment or facilities,
including lateral lines, essential to the operation of the pipeline but shall
not include any storage tank or storage facility which is not being constructed
as a part of the operation of the pipeline. |
| (14) |
`Professional Engineer' means a person
registered to practice engineering in the State of Georgia in accordance with
Chapter 15 of Title 43 of the Official Code of Georgia Annotated. |
| (15) |
`Professional Geologist' means a person
registered to practice geology in the State of Georgia in accordance with
Chapter 19 of Title 43 of the Official Code of Georgia Annotated. |
| (1) |
On or after July 1, 2017, any
construction of a new petroleum pipeline or an extension in this state shall
require a permit from the Director as provided in this chapter. No construction
activity on any portion of a new petroleum pipeline or any extension shall
occur unless and until such permit is obtained. Such permit shall be required
without regard to whether the petroleum pipeline company intends to exercise
any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and
shall be in addition to any other permits or authorization required under this
title or any other provision of state or federal law. |
| (2) |
Any application to the division for a
permit under this chapter shall contain, at a minimum, the following:
| (a) |
A non-refundable permit application fee
of $5000.00. |
| (b) |
A description of
the proposed project, including its route sufficiently adequate to permit the
location of the subject parcel on a United States Geological Survey 1:24,000
topographic quadrangle map; |
| (c) |
Copies of any relevant background data on engineering or environmental studies
in the possession of or used by the pipeline company to select or develop the
proposed pipeline route and/or prepare the permit application. |
| (d) |
Information on other corridors of public
utilities. |
| (e) |
Information on the
existence of any local zoning ordinances or land use restrictions and whether
or not the pipeline company is in compliance with local zoning ordinances or
land use restrictions. |
| (f) |
Evidence
of financial responsibility by the petroleum pipeline company as described in
the most current version of the Division's Petroleum Pipeline Permit
Guidelines; |
| (g) |
Description of
proposed construction activities |
| (h) |
A proposal, where appropriate, for
monitoring the effects of the petroleum pipeline during construction on the
surrounding environment and natural resources, including but not limited to
wetland dewatering, sinkhole inducement, impact on protected plants and
animals, pollutant pathways, and stream siltation. No proposal is necessary for
leak detection or any other monitoring required by federal
regulations. |
| (i) |
Include an
objective evaluation of the environmental effects of all reasonable
alternatives, and for alternatives which were eliminated from detailed study,
briefly discuss the reasons for their having been eliminated. Include the
alternative of no action. |
| (j) |
A
geologic and hydrologic analysis of the proposed pipeline route. |
| (k) |
An environmental analysis, include a
discussion of all of the areas identified and described in the most current
version of the Division's Petroleum Pipeline Permit Guidelines. |
| (l) |
Means to mitigate adverse environmental
impacts |
|
| (3) |
The permit
application shall be prepared under the direction of and shall be signed and
sealed by a professional engineer or a professional geologist. |
| (4) |
Permit applications shall be made
available for a 30 day public comment period prior to submitting to EPD. The
submitted application shall include a summary of all public comments received
and a discussion of how those comments have been addressed. |
| (5) |
Within ten days of applying for a permit,
the applicant shall provide:
| (a) |
Public notice
in the legal organ of each county through which the proposed route of the new
petroleum pipeline or of the extension is to be located; and |
| (b) |
Written notice of the filing of an
application under this Code section to all landowners whose property is located
within 1,000 feet of the proposed route of the new petroleum pipeline or of the
extension. Such notice shall be delivered to each landowner and contain the
following language in boldface type:
'YOUR PROPERTY IS LOCATED WITHIN 1,000 FEET OF A PROPOSED
PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED
PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED.
SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE
OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY
PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR
MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF
GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD
FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS.'
|
| (c) |
In the event that any
landowner who, after reasonable efforts, cannot personally be given the notice
required in
391-3-23-.04(5)(b),
the applicant shall cause to be posted in a conspicuous location in the city
hall and/or court house for municipal or county government(s) in which such
parcels are located a copy of the proposed route of the new petroleum pipeline
or of the extension with all parcels within 1,000 feet of such route clearly
marked, along with the following language in boldface type:
'THE PARCELS INDICATED ON THE ATTACHED MAP ARE LOCATED WITHIN
1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A
PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE
OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE
22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS
WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A
NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE
PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC
RIGHTS FOR PROTECTION FOR AFFECTED LANDOWNERS. YOU SHOULD FAMILIARIZE YOURSELF
WITH THOSE REQUIREMENTS AND YOUR RIGHTS.'
|
|
| (1) |
This permit shall be issued on the basis of a determination by the Director
that the location and construction of the proposed pipeline, which is the
subject of the application, is consistent with and not an undue hazard to the
environment and natural resources of Georgia. This determination shall be made
after consideration of:
| (a) |
The information
required to be contained in the petroleum pipeline company's
application; |
| (b) |
The direct
environmental impacts of the proposed new petroleum pipeline or the proposed
extension; |
| (c) |
Alternative
alignments to the proposed new petroleum pipeline or the proposed
extension; |
| (d) |
Evidence that ample
opportunity has been afforded for public comment; |
| (e) |
Such other factors that the director
deems reasonable and applicable. |
|
| (2) |
The applicant shall bear the burden of
proof to demonstrate that the director should issue the permit. |
| (3) |
The director's decision shall be based on
the record before the director, which shall include, but not be limited to, the
applicant's submissions, written comments submitted to the director, and
research the director may conduct in analyzing the application. |
| (4) |
Within seven days of the receipt of an
application the Director has determined to be complete and filed, the Director
shall provide for reasonable public notice of the application and the proposed
route. The public notice of the application also shall make provisions for a
public hearing on the application for the permit. The hearing shall be within
sixty days of the date of the public notice of the application. Any interested
person may submit written comments on the proposed pipeline prior to the date
of the public hearing. |
| (5) |
The
Director may request reasonable additional application information from the
pipeline company in order to make the determination to issue a permit. If
possible, any such request shall be within 45 days of the receipt of the
application. |
| (6) |
In the event a
permit application, which the Director has determined to be complete and filed,
is not approved or denied within 150 days of the date of the publication of the
public notice of the application as provided in O.C.G.A.
12-17-6(b), the
application shall be deemed approved by operation of law and the permit deemed
issued. The permit application information shall be provided to the Division in
a timely manner so that the Director may have up to 150 days to assess the
environmental effects report; to assess other information deemed relevant by
the Director; to hold hearings; and to issue or deny the permit. |
| (1) |
If, during the course of construction, conditions arise which result in a
material or substantial change of any of the bases of the approved permit
(including, but not limited to, deviation from the original route that goes out
of the original easement or right of way, change of ownership, or new
information that impacts the environmental analysis) the applicant will submit
a request for a permit amendment describing the change and the reasons for the
change. |
| (2) |
After review and
determination that sufficient information exists to justify that the amendment
is necessary and does not require a new permit application, the Director will
post for 30 days a notice of the draft amendment for public comment on the web
site. After close of the public comment period, the Director will grant or deny
the amendment. |
| (3) |
If the proposed
amendment results in additional landowners whose property will be located
within 1,000 feet of the proposed route the applicant shall comply with
provisions of
391-3-23-.03(5). |
| (1) |
As used in this Code section, the term
'aggrieved or adversely affected' means a challenged action has caused or will
cause persons injury in fact and where the injury is to an interest within the
zone of interests to be protected or regulated by the provisions of this
chapter that the director is empowered to administer and enforce. |
| (2) |
Any person who is aggrieved or adversely
affected by a decision or action of the director under this chapter shall, upon
filing a petition within 30 days after the issuance of such order or taking of
such action, have a right to a hearing before an administrative law judge
appointed by the board. The hearing before the administrative law judge shall
be conducted in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' The decision of the administrative law judge
shall constitute the final decision of the director, and any party to the
hearing, including the department, shall have the right of judicial review
thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' |
| (3) |
In the event
the director asserts in response to the petition before the administrative law
judge that the petitioner is not aggrieved or adversely affected, the
administrative law judge shall take evidence and hear arguments on this issue
and thereafter make a ruling on same before continuing with the hearing. The
burden of going forward with evidence on this issue shall rest with the
petitioner. |
