Whenever the director finds that an emergency exists requiring immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the provisions of Code Sections 12-5-185 and 12-5-186, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but shall be afforded a hearing within 20 days of the issuance of same. Notice of the time and place of such hearing shall be specified in such order. The hearing shall be conducted by a hearing officer appointed by the Board of Natural Resources. Based upon findings adduced at such hearing, the order shall be modified, revoked, or continued by the hearing officer as he deems appropriate. Review of the hearing officer’s decision shall be conducted in accordance with subsection (c) of Code Section 12-2-2.
History. Ga. L. 1977, p. 351, § 17.
Structure Georgia Code
Title 12 - Conservation and Natural Resources
Article 3 - Wells and Drinking Water
§ 12-5-174. Powers and Duties of Board of Natural Resources as to Public Water Systems
§ 12-5-176. Powers and Duties of Director as to Public Water Systems Generally
§ 12-5-178. Variances and Exemptions
§ 12-5-179. Permits for Operation of Public Water Systems; Performance Bonds
§ 12-5-180. Duty of Permit Applicants and Holders to Supply Information as Required by Director
§ 12-5-180.2. Fire Sprinkler Protection Systems; Limitation on Fee for Water Service
§ 12-5-181. Inspections and Investigations by Division
§ 12-5-183. Plan for Emergency Provision of Water
§ 12-5-184. Notice of Violations, Variances, and Exemptions Involving Public Water Systems
§ 12-5-186. Hearings; Judicial Review
§ 12-5-187. Emergency Orders; Hearing; Review
§ 12-5-189. Judgment in Accordance With Director’s Order
§ 12-5-190. Legal Assistance by Attorney General
§ 12-5-192. Civil Penalties; Procedures for Imposing Penalty; Hearing; Review