Subject 391-3-2 GROUNDWATER USE
The purpose of this Chapter is to establish procedures to be
followed to obtain a permit to withdraw, obtain or utilize ground water and for
the submission of information concerning the amount of ground water withdrawal,
its intended use, and the proposed aquifer or aquifers of withdrawal to the
Environmental Protection Division of the Department of Natural Resources
(hereinafter the Division). It is also intended to outline the procedures of
the Division in the granting, denial, revocation, modification and granting
with conditions of permits to withdrawal ground water. These regulations also
provide for the gathering of information on the geologic and hydrologic
character of the rock at and below the surface of the earth, well data, ground
water levels and related material. The Regulations include implementation of
water conservation in conjunction with the withdrawal of ground
water.
All terms used in this Chapter shall be interpreted in
accordance with the definitions set forth in the Ground Water Use Act,
(O.C.G.A.
12-5-90et
seq.), and as otherwise herein defined:
(a) |
"Aquifer" means a geologic formation,
group of such formations, or a part of such a formation that is water bearing.
An aquifer may consist of a stratum or zone of rock below the surface of the
earth capable of containing and producing water as from a well. (Authority
O.C.G.A. Section
12-5-92(1)) |
(b) |
"Consumptive use" means any use of water
withdrawn from the ground other than "nonconsumptive use" as herein
defined. |
(c) |
"Nonconsumptive use"
means the use of water withdrawn from the ground water system or aquifer in
such a manner that it is returned to the ground water system or aquifer from
which it was withdrawn without substantial diminution in quantity or
substantial impairment in quality at or near the point from which it was
withdrawn. |
(d) |
"Farm use" means
irrigation of any land used for general farming, forage, aquaculture, pasture,
turf production, orchards, or tree and ornamental nurseries; provisions for
water supply for farm animals, poultry farming, or any other activity conducted
in the course of a farming operation. Farm use shall also include the
processing of perishable agricultural products and the irrigation of
recreational turf except in Chatham, Effingham, Bryan, and Glynn counties where
irrigation of recreational turf shall not be considered a farm use. (Authority
O.C.G.A. Section
12-5-92,
paragraph 5.1) |
(e) |
"Division" means
the Environmental Protection Division of the Department of Natural
Resources. |
(f) |
"Drawdown" means the
extent to which the ground water level is being lowered when a well is being
pumped or when the water is discharging from a flowing well, and is the
difference, in feet, between the static water level and pumping
level. |
(g) |
"Geologic Information"
means the information relative to the origin, history of the rock, which
includes a description of the lithology, age, stratigraphic sequence,
structural relationship, areal distribution and thickness of the rock at or be
low the surface of the earth, and which is obtained by examination of the rock
exposed at the ground surface and from well cuttings, well cores, and
geophysical logging from drilled wells. |
(h) |
"Hydrologic information" means
information related to water standing or moving in porous media and includes
hydraulic conductivity, transmissivity, porosity, storage coefficient, specific
capacity, chemical quality of the water, potentiometric surface, water recharge
of the rock at or below the surface of the earth, water levels, drawdown, and
radius of influence of the cone of depression in areas of ground water
withdrawal, and which is obtained by pumping tests, flowmeter, laboratory
tests, water surface measurements, observation wells, and accepted mathematical
formulas. |
(i) |
"Pumping level" means
the distance, in feet, from the land surface or other permanent specified
datum, preferably the top of the casing to the water surface (water level) in
the well when water is being pumped from the well. |
(j) |
"Rock" means the material that forms the
essential part of the earth's solid crust, and includes loose, incoherent
masses, such as a bed of sand, gravel, clay or volcanic ash, as well as firm,
hard, solid masses of granite, metamorphics, sandstone, limestone, and
shale. |
(k) |
"Specific conductance"
means the water's capacity to convey an electric current and is related to the
total concentration of the ionized substances in the water and the temperature
at which the measurement is made and is generally reported as micromhos/cm or
microSiemens/cm. |
(l) |
"Static water
level" means the distance, in feet, from the land surface or other permanent
specified datum, preferably the top of the casing, to the water level in a well
or to the pressure head (shut-in head) after the flow is shut off from a
flowing well, when no water is being pumped from the well and the water level
has reached equilibrium. |
(m) |
"Water
table" means the surface of an unconfined water body at which the pressure is
atmospheric. It is defined by the levels at which water stands in wells that
penetrate the water body far enough to hold standing water. |
(n) |
"Monthly average withdrawal" means the
total amount of water pumped by a water source or water system in any one month
of the same year in which the "annual average withdrawal" is measured, divided
by the number of days in that month. This amount is expressed in gallons per
day (gpd). |
(o) |
"Annual average
withdrawal" means the total yearly amount of water pumped by a water source or
water system divided by the number of days in that year. This amount is
expressed in gallons per day (gpd). |
(p) |
"Maximum day withdrawal" means the
highest total amount of water pumped by a water source or water system in a
24-hour period. This amount is expressed in gallons per day (gpd). |
(q) |
"Design pumping capacity" means the
actual rate that a well pump will produce water at the time the well pump was
installed. This rate will vary with the horsepower of the pump motor, total
dynamic head, and size of discharge pipe. |
(r) |
"Chemigation" means the injection of
chemicals, fertilizers, fungicides, herbicides, insecticides, or nematicides
into irrigation water. |
(s) |
"Unaccounted for Water" (UAW) means the difference between the total amount of
water pumped into the water system from the source(s) and the amount of metered
water use by the customers of the water system expressed as a percentage of the
total water pumped into the system. UAW generally includes system leakage and
unmetered uses such as fire fighting, flushing, broken water mains,
etc. |
(1) |
No person shall after December 1, 1974,
withdraw, obtain or utilize ground water in excess of one hundred thousand
(100,000) gallons per day for any purpose unless such person has first obtained
a permit therefor from the Division, unless exempted by law or these
Regulations. For farm use, no person shall after July 1, 1991 withdraw, obtain,
or utilize ground water in excess of 100,000 gallons per day on a monthly
average unless such person has obtained a permit from the Division. (Authority
O.C.G.A. Section
12-5-105) |
(2) |
Pending the issuance or denial of a
permit, any person who has applied for a ground water use permit and who was
withdrawing or using ground water prior to April 18, 1973 (or July 1, 1988 in
the case of farm use), may continue the same use which existed prior to that
date. |
(3) |
Any combination of farm
and non-farm use, or nonconsumptive ground water use, shall be considered a
non-farm ground water use, unless the Director determines that the predominant
use to which the water is put is farm use. |
(1) |
Any person who was withdrawing, obtaining
or utilizing ground water prior to April 18, 1973 (or July 1, 1988 in the case
of farm use), and who is required under Rule
391-3-2-.03 of this Chapter to
obtain a permit shall submit an application for a permit to use ground water to
the Division, on forms prepared and furnished, upon request, by the Division.
The applicant shall furnish the Division with sufficient documented evidence as
set forth in Paragraphs (5) or (6) of this Rule to evaluate the effects of the
described water use upon the water resources of the area. |
(2) |
Any person who started to withdraw,
obtain, or utilize ground water after April 18,1973 (or July 1, 1988 in the
case of the farm use), and who is required under the Rule
391-3-2-.03 of this Chapter to
obtain a permit, shall submit an application for a permit to use ground water
to the Division, on forms prepared and furnished, upon request, by the
Division. The applicant shall furnish the Division with sufficient documented
evidence as set forth in Paragraphs (5) or (6) of this Rule to evaluate the
proposed water use upon the water resources of the area. (Authority O.C.G.A.
Sec.
12-5-105) |
(3) |
Any person intending to withdraw, obtain,
or utilize ground water and who is required under the Rule
391-3-2-.03 of this Chapter to
obtain a permit, shall submit an application for a permit to use ground water
to the Division, on forms prepared and furnished, upon request, by the
Division. No ground water shall be withdrawn, obtained, or utilized until a
permit has been granted. The applicant shall furnish the Division with
sufficient documented evidence as set forth in Paragraphs (5) or (6) of the
Rule to evaluate the impacts of the proposed water use upon the water resources
of the area. |
(4) |
During the early
stages of planning for a proposed ground water withdrawal, and in any case
prior to the start of well construction, the intended user should have a
conference with representatives of the Division to determine the acceptability
of the proposed well or wells, the aquifer or aquifers to be utilized, the well
spacing and well depth, and the amount of intended ground water use. Such
conference shall be granted within thirty (30) days after request therefor. The
intended user should furnish the Division with such available documented
evidence as set forth in Paragraphs (5), (6), or(7) of this Rule for
presentation at the conference or for later submittal, but prior to well
construction. Based in part on the information furnished by the intended user
and upon other considerations, a letter of concurrence may be issued by the
Division setting forth such terms and conditions as the Division deems
necessary. Upon completion of the construction of the well or wells and prior
to any ground water use, the intended user shall submit an application for a
ground water use permit to the Division pursuant to Rules
391-3-2-.05 and
391-3-2-.06 of this Chapter. The
proposed water user proceeds at his own risk if he does not obtain a letter of
concurrence from the Division prior to well construction. |
(5) |
Sufficient documented evidence shall
include, but not be limited to, the following (except for farm use permit
applications):
(a) |
name and address of the
applicant; |
(b) |
the location of the
existing or proposed well(s), identified by number, for which the permit is
requested, marked on the best map available; |
(c) |
the latitude and longitude, to the
nearest ten (10) seconds, of the wells, obtained from the location
map; |
(d) |
the county in which the
well(s) is located; |
(e) |
the ground
elevation of the well(s), if available; |
(f) |
the amount of water withdrawn or proposed
to be withdrawn or used, and a statement to indicate the extent to which such
use or withdrawal is reasonably necessary to meet the needs of the
applicant; |
(g) |
any present or
anticipated unreasonable adverse effects or potential unreasonable adverse
effects on other water uses or users, including but not limited to, adverse
effects on public or farm use; |
(h) |
a statement specifying the beneficial use of the ground water withdrawn or to
be withdrawn and whether the water use is a consumptive or non consumptive use,
as herein defined; |
(i) |
if the water
use is, or proposes to be, a non consumptive use, the applicant shall state the
following:
1. |
the treatment of the water and
procedure used, or the proposed treatment of the water and the procedure to be
used, to return the water to the aquifer or ground water system from which it
is, or is proposed to be, withdrawn; |
2. |
the location of the injection well or
wells to be shown on the same map as the existing, or proposed, withdrawal
wells; |
3. |
the chemical, physical
and bacteriological quality; and any other specified water quality analysis the
Division may require, of the returned water, noting specifically any
substantial impairment of the water quality from the water withdrawn; |
4. |
the aquifer or ground water system from
which the ground water is withdrawn, or intended to be withdrawn, and the
amount of water to be returned to the aquifer or groundwater system;
and |
5. |
any substantial decrease in
quantity as originally withdrawn from the aquifer or groundwater
system. |
|
(j) |
the aquifer
or aquifers from which the ground water is withdrawn, or intended to be
withdrawn; |
(k) |
for existing wells,
the well construction data for each well, on forms provided by the Division,
including but not limited to, the following information:
3. |
total well depth in feet; |
4. |
diameter of drilled hole; |
5. |
diameter and depth of casing, including
casing material; |
7. |
diameter and depth of
the setting of the well screen or well screens, if used, and the material and
type of screen; |
8. |
type of
permanent pump, size, horsepower, and yield; |
9. |
static water level and pumping level;
and |
10. |
number of hours the well is
pumped per day. |
|
|
(6) |
For farm use, sufficient documented
evidence shall include, but not be limited to, the following:
(a) |
applicant's full name; |
(c) |
county in which existing or proposed well
is located; |
(d) |
purpose d of
withdrawal; |
(e) |
well construction
data including, but not limited to the following:
2. |
depth of pump intake below ground
surface; |
3. |
design pumping capacity
of well; and |
|
(f) |
month and
year of well pump installation; |
(g) |
number of acres irrigated from this well and average number of inches of water
applied from this well per year; |
(h) |
whether or not chemicals, fertilizers,
fungicides, herbicides, insecticides, or nematicides are injected into the
irrigation water; and |
(i) |
county
map supplied by the Division (or equivalent) showing the location of the water
source. (Authority O.C.G.A. Sec.
12-5-105) |
|
(7) |
Any person submitting an
application for a ground water use permit who is at the time of application
withdrawing, obtaining, or utilizing ground water, and who is unable to furnish
accurate information concerning the amounts of ground water being withdrawn or
used shall be required, as the Division deems necessary, to do the following:
(a) |
install one or more water meters;
or |
(b) |
some other more economical
means acceptable to the Division, for measuring the ground water withdrawn or
used. |
|
(8) |
The Division,
in determining the amount of ground water withdrawn or used by an applicant,
may use one or more of the following:
(a) |
the
rated capacity of the pump or pumps; |
(b) |
the rated capacity of the cooling
system; |
(c) |
the standards or
methods employed by the United States Geological Survey indetermining such
quantities; or |
(d) |
any other
acceptable method. |
|
(9) |
Except for farm use, those applicants intending to withdraw, obtain or utilize
groundwater from wells constructed after April 18, 1973, shall submit, in
addition to the information required in paragraph (5) of this Rule, well
construction details and specifications, as the Division deems necessary,
including, but not limited to, the following:
(a) |
total depth of well, in feet; |
(b) |
size of drilled hole; |
(c) |
size and depth of casing and type of
casing material; |
(d) |
size and depth
of the placing of the well screen or screens and the type of material, if
used; |
(f) |
deep well air line of
steel, iron or heavy gage copper material, with screw cap, for water level
measurements; and |
(g) |
filling,
plugging and sealing procedures for any well or wells that are to
beabandoned. |
|
(10) |
Due to
the corrosive nature of the ground water in certain areas of the State,
proposed well construction specifications and casing material may require
modification as the Division deems necessary to avoid any potential
unreasonable adverse effects on the aquifer or ground water system, or of other
water uses. |
(11) |
In the preparation
of a permit application for a new permit or modification of an existing permit
which includes an increase in the permitted water use (except for a farmuse
permit application) the applicant must submit to the Director for approval a
water conservation plan prepared in accordance with the following guidelines.
The plan must address the following items (or contain a statement why the item
is not an appropriate part of the plan).
(a) |
System management;
1. |
Within the most recent
24 month period a minimum of twelve consecutive months of UAW data; |
2. |
A description of current and planned
programs to reduce UAW such as those listed below (include proposed schedules
for planned activities);
(i) |
Leak detection
and elimination; |
(ii) |
Availability
of accurate maps of the water system; |
(iii) |
Meter maintenance, testing,
replacement, calibration, etc.; |
(iv) |
Prevention of tank overflows; |
(v) |
Flushing programs without degradation of
water quality; |
(vi) |
Prevention of
unauthorized water use--fire hydrants, fire lines etc.; |
(vii) |
A list of unmetered service connections
including publicly owned facilities, churches, etc., |
|
3. |
A list of inter-connections with other
water systems and a description of any contractual agreements, type (emergency
back-up, wholesale sale or purchase) and purchase amounts; |
4. |
Any additional current or planned
activities pertaining to system management that will contribute to water
conservation. |
|
(b) |
Treatment plant management;
1. |
The condition,
calibration frequency, type, etc. of raw and finished water metering; |
2. |
An analysis of in-plant water use for
filter backwashing, overflows, laboratory use, etc. as a percentage of total
plant production. Also, the plan must outline any ongoing or planned plant
improvements (including schedules for planned improvements) and/orrevised
operational procedures to reduce in-plant use; |
3. |
A description of any recycling or reuse of
filter backwash water. |
|
(c) |
Rate making policies;
1. |
A list of non-billed service connections.
Also, if available, a breakdown by number of meters or % of total production
for each class of customer, e.g., residential, commercial, industrial,
wholesale; |
2. |
A copy of the water
rate structure currently in use including any surcharges, demand charges, etc.,
which may apply to certain customers and a description of the effects of this
rate structure on water conservation; |
3. |
A description of any system policies
concerning second meters for landscape irrigation and any use of sewer meters
for billing; |
4. |
A statement in
response to the following questions:
(i) |
Is
the water system self-supporting? |
(ii) |
Are water system expenditures subsidized
by non-water/sewer system revenues? |
|
|
(d) |
A drought contingency plan submitted for
approval by the Director and prepared in accordance with the following
guidelines. The plan should include alternative system and resource management
strategies to be implemented under drought conditions that may severely reduce
the availability of the resource. The plan shall be consistent with Chapter
391-3-30 with respect to restrictions on outdoor water use. If there are
conflicts between this plan and Chapter 391-3-30 with respect to restrictions
on outdoor water use, Chapter 391-3-30 shall prevail. The applicant must
provide the following items in the plan (or a statement as to why the item is
not an appropriate part of the plan):
1. |
Drought conditions or events that put the drought contingency plan into effect;
(i) |
The applicant must develop a system for
determining drought severity based on some approved indicator, e.g.:
(II) |
Ground water levels; |
|
|
2. |
Potable water use priorities program;
(i) |
The following order of potable water use
priorities is generally recommended but maybe modified as needed based on local
conditions:
(I) |
Emergency facilities for
essential life support measures; |
(II) |
Domestic and personal uses, including
drinking, cooking, washing, sanitary and health related; |
(IV) |
Industrial uses (including those
industries on public water systems); |
(V) |
Other uses such as lawn sprinkling,
non-commercial car washing, garden watering,etc.; |
(VI) |
Outdoor recreational uses; |
|
|
3. |
Restrictions on lower
priority uses (including enforcement procedures); |
4. |
Rationing and/or other emergency
procedures. |
|
(e) |
Plumbing
ordinances and/or codes;
1. |
Description of
compliance with State Water Conservation Law which requires the use of
ultra-low flow plumbing fixtures. The applicant may include copies of adopted
ordinances if applicable; |
2. |
Ordinances/codes or other special requirements pertaining to outside water use
such as landscape irrigation systems, commercial car washes, etc.; |
|
(f) |
Recycling--reuse; A
description or accounting of any recycling or reuse of treated wastewater;
|
(g) |
A description of current and
planned education programs for the promotion of water conservation. |
(h) |
Progress report;
Five years after issuance of a new or modified Ground Water
Use Permit, the permittee must submit to the Director a progress report that
outlines actions and/or improvements made to conserve water and reduce water
loss, e.g., leak detection/repair, meterinstallation, calibration, or
replacement, summer and peak use surcharges, enforcement of ultra-low flow
plumbing fixture requirements, etc. Permittees with a total permitted
withdrawal less than one million gallons per day may use a simplified reporting
form at supplied by the Division.
|
(i) |
Water use data;
Permittees must submit to the Director an annual water use
data report that includes information on unaccounted for water for the past 12
months. The report must be submitted annually starting 12 months after new or
modified permit issuance.
|
(j) |
Long range planning;
All permittees must incorporate water conservation into long
term water demand and supply planning. Permittees must develop water demand
projections covering a 20 year time period using a method or methods approved
by the Director. The demand projects must reflect the effects (demand
reduction) inherent in the implementation of new orenhanced water conservation
programs.
|
(k) |
A description
of any additional water conservation activities. |
|
(12) |
Permitted capacities of applicant's
water treatment and wastewater treatment plants, existing or planned, that will
treat water and wastewater to be generated by new or increased use. |
(13) |
Any other information deemed necessary;
provided, however, any information already provided to the Director in
connection with prior dealings, with the Division maybe incorporated into the
application by specific and detailed reference and a statement that the
information is still valid and correct. |
(1) |
In considering permit applications,
revocations, and modifications, the Division shall consider.
(a) |
the number of persons using an aquifer
and the object, extent, and necessity of their respective withdrawals or
uses; |
(b) |
the nature and size of
aquifer; |
(c) |
the physical and
chemical nature of any impairment of the aquifer, adversely affecting its
availability or fitness for other water uses (including public and farm
use); |
(d) |
the probable severity and
duration of such impairment under foreseeable conditions; |
(e) |
the injury to public health, safety or
welfare which results if such impairment were not prevented or
abated; |
(f) |
the kinds of businesses
or activities to which the various uses are related; |
(g) |
the importance and necessity of the uses
claimed by the permit applicants, or of the water uses of the area and the
extent of any injury or detriment caused or expected to be caused to other
water uses (including public and farm use); |
(h) |
diversion from or reduction of flows in
other water courses or aquifers; |
(i) |
any other relevant factors, such as, but
not limited to, the best geologic and hydrologic information available on the
aquifer or ground water system of the area; |
(j) |
documentation of effective water
conservation. (Authority O.C.G.A. Section
12-5-91) |
|
(2) |
In any case where a permit
applicant can prove to the Division's satisfaction that the applicant was
withdrawing or using water prior to April 18, 1973 (or July 1, 1988 in the case
of the farm use), the Division shall take into consideration the extent to
which prior use or withdrawal was reasonably necessary in the judgement of the
Division to meet his needs, and shall grant a permit which shall meet those
reasonable needs. Provide d, however, that the granting of such permit shall
not have unreasonably adverse effects upon other uses in the area, including
public and farm use, and including potential as well as present use. In
determining whether a permit will have an unreasonable adverse effect, the
Division shall consider the factors set forth in Paragraph (1) of this
Rule. |
(3) |
The Division shall also
take into consideration in the granting of any permit the prior investments of
any person in lands, and plans for the usage of water in connection with such
lands which plans have been submitted to the Division within reasonable time
after July 1, 1973. Provided, however, that the granting of such permit shall
not have unreasonably adverse effects upon other water uses in the area,
including public use, and including potential as well as present use. In
determining whether a permit will have an unreasonable adverse effect, the
Division will consider the factors set forth in Paragraph (1) of this
Rule. |
(4) |
In the case of farm use,
where a permit applicant can prove to the Division's satisfaction that a well
pumping capacity was installed prior to July 1, 1988 the Division shall grant a
permit for such capacity from this well. The application for such capacity must
be received by the Division on or before July 1, 1991. (Authority O.C.G.A.
Section
12-5-105) |
(5) |
The Division shall have the power to:
(a) |
modify or revoke any permit when the
Division deems necessary upon not less than sixty (60) days written notice to
any person affected when the ground water use or withdrawal is not in
compliance with the terms of the permit, or when there is found to be an
unreasonable adverse effect upon the water uses or users in the area, including
public and farm use, and including potential as well as present use, based upon
the considerations set forth in Paragraph (1) of this Rule, except that this
paragraph will not apply to farm use permits issued after initial use has
commenced; or |
(b) |
deny a permit
application if the application therefor or the effect of the water use proposed
or described therein upon the water resources of the area is found to be
contrary to the public interest or general welfare; such a decision shall be
based upon the considerations set forth in Paragraph (1) of this
Rule. |
|
(1) |
When sufficient evidence in provided by
the applicant that the water withdrawn or used, or intended to be withdrawn or
used, is a nonconsumptive use, as defined in Paragraph (c) of Rule
391-3-2-.02 of this Chapter, a
permit therefore shall be issued by the Division without the conditions set
forth in Paragraph (4) of this Rule; provided, however, that in determining
whether a use of ground water is nonconsumptive, the Division may take into
consideration, based on the best geologic and hydrologic information available,
whether any material injury or detriment to other water users of the area by
reason of the reduction of water pressure in the aquifer or system has not been
adequately compensated by the permit applicant who caused or substantially
contributed to such injury or detriment. Any permit issued for a nonconsumptive
use does not imply consent to inject any waste or pollutant material into the
ground water system. |
(2) |
When the
water withdrawn or used, or proposed to be withdrawn or used, by the permit
applicant, is a consumptive use, and when there are not unreasonable adverse
effects on other water uses, including public and farm use, and including
potential as well as present use, based upon the consideration set forth in
Rule
391-3-2-.05 of this Chapter, a
permit to use ground water shall be issued by the Division containing such
conditions as set forth in Paragraph (5) of this Rule as the Division deems
necessary to the development and use of the water resources. The permit will
become final unless a request for hearing is made within thirty (30) days from
the date of service of such permit. |
(3) |
The Division may grant any temporary
permit for such period of time as the Division shall specify where conditions
make such temporary permit essential, even though the action allowed by such
permit may not be consistent with this Chapter. A temporary permit may be
issued whenever the Division has insufficient information to evaluate the
effects of a permit application as set forth in Paragraph (1) of Rule
391-3-2-.05 of this
Chapter. |
(4) |
A permit for a
consumptive use may contain, but not be limited to, one or more of the
following conditions:
(a) |
total permitted
well depth in feet; |
(b) |
the
aquifer(s) or ground water system to be utilized; |
(c) |
maximum pumping rate; |
(d) |
pumping level (elevations below which
water may not be pumped); |
(e) |
amount of ground water to be withdrawn or used; |
(f) |
well spacing to minimize well
interference; |
(h) |
require observation
or monitoring well(s) to be installed for monitoring ground water levels and
water quality. |
|
(5) |
Water
withdrawn under any permit shall be used only for the purposes set forth in the
permit. |
(6) |
The permit holder shall
notify the Division by registered letter of any changes in the beneficial use,
or if a greater amount of water is to be withdrawn. A permit may be modified by
the Division at the request of the permit holder after the Division has
considered the factors set forth in Paragraph (1) of Rule
391-3-2-.05 of this
Chapter. |
(7) |
Except for farm use, a
permit to use ground water shall expire and be of no further effect if the
purposed ground water use has not been exercised within two (2) years of the
effective date of the permit, unless such period is extended for good cause by
the Division. |
(1) |
Except for farm use, no permit granted
under Rule
391-3-2-.06 of this Chapter shall be
issued for a longer period than the longest of the following:
(b) |
the period found by the Division to be
necessary for reasonable amortization of the applicant's withdrawal or
water-using facilities. |
|
(2) |
A permit may be renewed following its
expiration upon compliance with the provisions for the submitting a new permit
application. |
(3) |
Permits for farm
use shall carry no expiration date. |
(4) |
Except for farm use, a permit shall not
be transferred except with the approval of the Division. The Division shall
transfer farm use permits upon written notification that a change in ownership
has occurred. |
(1) |
Every person who has obtained a permit to
use ground water (except a permit for farm use) shall file with the Division a
certified statement of the quantities of water used or withdrawn, sources of
water, and the nature of the use thereof. The statement shall be on forms
prepared and furnished by the Division and shall be submitted to the Division
semiannually, starting sixty (60) days after the effective date of the permit
and every six (6) months thereafter, unless otherwise designated by the
Division, and shall be submitted not later than fifteen (15) days after the
reporting date. The report shall include, but not be limited to, the following:
(a) |
name of permit holder and permit
number; |
(b) |
beneficial use of
ground water used; |
(c) |
source of
ground water, identifying the aquifer or aquifers utilized and identify the
well or wells using each aquifer; |
(d) |
quantity of water used or withdrawn
monthly from each aquifer (if a well penetrates more than one aquifer, it is to
be noted); |
(e) |
average hours pumped
per day; |
(f) |
the static and pumping
levels of each aquifer utilized and the date the water levels were measured;
the measurements are to be made during the last month of the reporting period;
and |
(g) |
for a nonconsumptive use,
the amount of water returned to the aquifer or ground water system from which
the water is withdrawn. |
|
(2) |
The permit holder shall have a specific
conductance analysis of the ground water from the well or wells performed by a
laboratory acceptable to the Division, starting sixty (60) days after the date
of the permit, and annually thereafter, unless otherwise designated by the
Division, and a copy of the report shall be submitted to the Division not later
than fifteen (15) days after the reporting date and may accompany the Ground
Water Use Report. The Division may specify which well or wells are to be
tested. The Division may collect water samples from the well or wells and
perform specific conductance analyses as it deems necessary. The specific
conductance analysis shall be according to a method acceptable to the Division.
(Authority O.C.G.A. Section
12-5-97) |
(3) |
If any person who is required to submit a
Ground Water Use Report is unable to furnish accurate information concerning
the amounts of ground water being withdrawn or used (in the case of farm use
"withdrawal" or "use" means design pumping capacity), or if there is evidence
that a report is false or inaccurate or if a person is withdrawing or using a
larger quantity or under different conditions than permitted, the Division
shall take such actions as it deems necessary including, but not limited to,
any one of the following: (Authority O.C.G.A. Section
12-5-105)
(a) |
in determining the amount of ground water
being withdrawn or used:
1. |
require the
person to install one or more water meters (except farm use); |
2. |
require the person (including farm use) to
use some other economical means acceptable to the Division for measuring the
ground water used; |
3. |
require the
person to use the rated capacity of the pump or pumps; |
4. |
require the person to use the rated
capacity of the cooling system; |
5. |
require the person to use the standards or methods employe d by the United
States Geological Survey in determining such quantities; |
6. |
any other acceptable method. |
|
(b) |
require the person to withdraw
or use only the amount of ground water permitted; or |
(c) |
revoke or amend the permit. |
|
(1) |
Any person withdrawing ground water in
excess of 100,000 gallons per day for dewatering the subsurface rock to a depth
of not more than thirty (30) feet, or to a greater depth if approved by the
Division, for the purpose of construction of trenches for sewer or water pipes,
or excavation for foundations, or utility construction shall be excluded from
obtaining a permit to withdraw ground water, provided such use is for a period
of not more than sixty (60) days, unless an extension of time is approved by
the Division for a justifiable reason. |
(2) |
Any person withdrawing in excess of
100,000 gallons per day for dewatering the subsurface rock for any purpose
other than stated in Paragraph (1) of this Rule shall make application for a
permit to withdraw, obtain or utilize ground water to the Division as required
in Rule
391-3-2-.04 of this
Chapter. |
To protect against or abate salt water encroachment or
deterioration of the water quality of the ground water, the Division shall take
into consideration the best information on the geologic and hydrologic
characteristics of the rocks and the ground water withdrawals of the area
involved and shall require the user to take such action as it deems necessary
for control of brackish or salt water intrusion into fresh water aquifers. The
control measures may include, but not be limited to, the following:
(a) |
pumping arrangements to reduce ground
water withdrawal in areas of concentrated pumping; |
(b) |
rearrangement of the location of wells to
eliminate or reduce concentrated areas of ground water withdrawals; |
(c) |
requirement of selective withdrawal from
other available fresh water aquifers than presently used; |
(d) |
curtailment of ground water withdrawal of
proposed water users in the area; |
(e) |
selective curtailment or reduction of
ground water withdrawal where it is found to be in the public interest or
general welfare to protect the water resources; |
(f) |
conjunctive use of fresh water or
brackish water or salt water aquifers, or waters of less desirable quality
where water quality of a specific character is not essential; |
(g) |
use of observation or monitoring wells,
drilled into fresh water aquifers between areas of ground water withdrawal and
the seacoast, to detect the inward movement of salt water or to detect the
deterioration of water quality; |
(h) |
use of interceptor wells, drilled into the area of encroachment, to the
intercept the brackish or salt water moving toward the center of excessive
ground water withdrawal; |
(i) |
use of
relief wells, drilled into the brackish or salt water aquifer, to relieve
hydraulic pressure in the aquifer causing encroachment; |
(j) |
plugging with cement of deep wells that
have penetrated brackish or salt water zones or zones of undesirable quality
water, where hydraulic pressure cause leakage and contaminate fresh water
aquifers of lower pressures; |
(k) |
abandonment of wells, which are then to be filled, plugged and sealed; and
|
(l) |
Such other control or
abatement techniques as are technically feasible and proven to be successful in
other areas and nationally. |
In order to protect against or abate unreasonable adverse or
potential adverse effects on other water users within the area, including but
not limited to adverse effects on public and farm use, the Division shall take
into consideration the best information available on the geologic and
hydrologic characteristics of the rocks and ground water withdrawals of the
area and shall require the user to take such actions as it deems necessary. The
control measures which the Division may require the user to take may include,
but not be limited to, the following:
(a) |
selective withdrawal from other fresh
water aquifers than presently utilized; |
(b) |
pumping arrangements to reduce ground
water withdrawal in areas concentrated pumping; |
(c) |
selective curtailment or reduction of
ground water withdrawal where it is found to be in the public interest to
protect the water resources; and |
(d) |
such other control techniques as are
technically feasible and proven successful in other areas and
nationally. |
(1) |
The Division shall gather and obtain all
necessary geologic and hydrologic information on the characteristics of the
aquifer or ground water system of the State for the purpose of evaluation,
control and management of the ground water resources. |
(2) |
Any person who drills a well to obtain
ground water and who is required under this Chapter to obtain a permit to use
ground water shall furnish the Division at the time of application for a permit
to use ground water such geologic and hydrologic information and well
construction data as the Division requires. |
Any person drilling a well for the purpose of obtaining
geologic and hydrologic information for the study of ground water availability
should submit to the Division all information obtained from the testing
program. Prior approval of the testing program should be obtained from the
Division. Test wells drilled and not developed for ground water use and not
used as observation wells, shall be plugged and sealed in compliance with Rule
391-3-2-.14, Abandoned Wells. Test
wells drilled by the Division, or its authorized agent, shall be exempt from
the permit requirements, but shall meet the other requirements of this
Rule.
(1) |
Any existing well or wells which have
been abandoned and no longer put to beneficial use and which have been deemed
by the Division to have an unreasonable or potential unreasonable adverse
effect on other water uses or users, or which result, or may result, in
physical or chemical impairment of the aquifer or ground water system, shall be
filled, plugged and sealed at the owner's expense in a manner acceptable to and
approved by the Division. |
(2) |
Whenever the Division deems an abandoned well to be an imminent danger to
health, safety or welfare of the public or to the ground water quality, the
well may be plugged, filled, and sealed by the Division Such action shall be
taken only after notice to the owner and after a period of five days from such
notice, during which period the owner may file an objection to such action. If
such an objection is filed, the Division shall not permanently plug, fill and
seal the well, but may install a temporary plug or seal. |
(3) |
Upon the filing, plugging and sealing of
an abandoned well or wells, the Division shall be informed by certified
statement from the contractor within thirty (30) days after the sealing that
the well or wells have been sealed according to the procedure approved by the
Division. |
(4) |
Observation wells
used for the investigation or management of ground water by the Division or
approved for this purpose shall not be considered "abandoned" so long as they
are maintained for this purpose. Wells without shall be covered with a secure
cap when measurements are not being made. |
The administration and enforcement of these Rules and
Regulations shall be in accordance with the Ground Water Use Act (O.C.G.A.
Section
12-5-90et
seq.) and the Georgia Administration Procedure Act. Such enforcement
procedures include, but are not limited to, administrative orders, court
orders, injunctive relief, and civil and criminal penalties.
(1) |
Purpose. The purpose of Section 391-3-2-.16 is to provide minimum
uniform statewide regulations for the issuance of any permit for the use of
groundwater based on Regional Water Development And Conservation Plans. As
authorized by O.C.G.A. §§ 12-5-31
and
12-5-96,
in a manner consistent with O.C.G.A. §§ 12-5-520,
et seq., and as provided in the Comprehensive State-wide Water
Management Plan, Regional Water Development And Conservation Plans shall
promote the sustainable use of Georgia's waters through the selection of an
array of management practices, to support the State's economy, to protect
public health and natural systems, and to enhance the quality of life for all
citizens. |
(2) |
Policy.
As provided in the Comprehensive State-wide Water Management Plan, the
characteristics of water resources and water users vary significantly in
differing regions across Georgia. Protecting the ability of the State's water
resources to meet needs for water supply and assimilation of waterborne
contaminants requires regional, resource-based plans that identify the
management practices appropriate to the resources and users in each
region. |
(3) |
Definitions.
All terms used in this Section shall be interpreted in accordance with
the definitions as set forth in this Paragraph, or in any other Paragraph of
this Section:
(a) |
"Comprehensive State-wide
Water Management Plan" is the plan provided for by O.C.G.A. §§ 12-5-520et
seq. whose purpose is to help guide the stewardship of Georgia's water
resources to ensure that those resources continue to support the State's
economy while maintaining healthy natural systems. The Comprehensive State-wide
Water Management Plan mandates preparation of regional Water Development and
Conservation Plans; |
(b) |
"Instream
uses" means all those human and ecological uses of water which occur within the
banks of rivers and streams, including, without limitation, waste assimilation,
hydropower production, recreation, maintenance of aquatic habitats, and support
of biological integrity; |
(c) |
"Offstream uses" means the purposes for which water is withdrawn from streams,
rivers, lakes, or aquifers; |
(d) |
"Water Development and Conservation Plan," as provided in O.C.G.A. §§ 12-5-31(h)
and
12-5-96(e),
means a regional resource-based plan, developed in accordance with O.C.G.A.
§§ 12-5-520et
seq., that promotes the efficient use of water resources, promotes the
conservation and reuse of water, guards against a shortage of water, and is
consistent with the public welfare of the state, or an addendum to any
statutorily required water management plan(s) prepared to satisfy the purposes
of this rule and the Comprehensive State-wide Water Management Plan. Such plans
include water development, conservation, and sustainable use and are based upon
detailed scientific analysis of water sources, the projected future condition
of the resources, current demand, and estimated future demands on the
resources. Furthermore, as provided in the Comprehensive State-wide Water
Management Plan, such plans identify the water management practices to be
employed in each Water Planning Region to ensure that current and future needs
for water supply and assimilative capacity are met within the capacity of the
water resources; |
(e) |
"Water
Planning Region" is a defined area that includes one or more water quantity
and/or quality resources; |
(f) |
"Water resource" is a body of surface water or groundwater that is available or
potentially available for offstream and/or instream use, including, without
limitation, agricultural, industrial, residential, recreational, or
environmental activities, among others. Water resources may include freshwater
bodies, brackish waters, and ocean water; |
|
(4) |
Use by Division of adopted Regional Water
Development and Conservation Plans.
(a) |
As
provided in O.C.G.A. §§ 12-5-31,
12-5-96,
and
12-5-522,
the Director shall ensure that the issuance of any permit for the use of water
is based upon the Comprehensive State-wide Water Management Plan and all
applicable Water Development and Conservation Plans. Additionally, any
political subdivision or local water authority not in compliance with the
Comprehensive State-wide Water Management Plan shall be ineligible for state
grants or loans for water projects, except for those projects designed to bring
such political subdivision or local water authority into compliance with the
plan. |
|