Georgia Code
Article 2 - Control of Water Pollution and Surface-Water Use
§ 12-5-23. Powers and Duties of Board and Director as to Control of Water Pollution and Surface-Water Use Generally

History. Ga. L. 1957, p. 629, § 4; Ga. L. 1964, p. 416, §§ 5, 24; Ga. L. 1966, p. 316, § 1; Ga. L. 1972, p. 1015, §§ 1517, 1534; Ga. L. 1972, p. 1266, § 1; Ga. L. 1974, p. 599, §§ 6, 7; Ga. L. 1977, p. 368, § 2; Ga. L. 1993, p. 305, § 1; Ga. L. 1996, p. 255, § 1; Ga. L. 1998, p. 1644, § 1; Ga. L. 2001, p. 115, §§ 2, 3; Ga. L. 2001, p. 892, §§ 2, 3; Ga. L. 2003, p. 224, §§ 2, 3.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, “National Pollutant Discharge Elimination System” was substituted for “national pollutant discharge elimination system” in the middle of paragraph (b)(15) (now paragraph (c)(15)).
Pursuant to Code Section 28-9-5, in 1996, in subsection (a), “article” was substituted for “part” twice in paragraph (a)(1) and once in paragraph (a)(3); a comma was deleted following “revocation” in subparagraph (a)(1)(N); “storm water” was substituted for “stormwater” in subparagraph (a)(1)(O); “April 1, 1996” was substituted for “the effective date of this Code section” in paragraph (a)(2); and “ensure” was substituted for “insure” in paragraph (a)(3).
Pursuant to Code Section 28-9-5, in 2001, in subsection (c), paragraph (c)(16) as enacted by Ga. L. 2001, p. 892, § 3, was redesignated as paragraph (c)(17), a semicolon was substituted for the period at the end of paragraph (c)(15) and “; and” was added at the end of paragraph (c)(16).
U.S. Code.
The Federal Water Pollution Control Act, referred to in this Code section, is codified as 33 U.S.C. § 1251 et seq. The National Pollutant Discharge Elimination System, referred to in this Code section, is established by 33 U.S.C. § 1342 .
Administrative rules and regulations.
Water quality control, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Subject 391-3-6.
Law reviews.
For article criticizing impressionistic approach to water use classification established by permit system, see 23 Mercer L. Rev. 603 (1972).
For note, “Regulation of Artificial Lakes and Recreational Subdivisions in Georgia,” recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972).
For note on the 2001 amendment to O.C.G.A. § 12-5-23 , see 18 Ga. St. U.L. Rev. 13 (2001).
For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 244 (2003).

Structure Georgia Code

Georgia Code

Title 12 - Conservation and Natural Resources

Chapter 5 - Water Resources

Article 2 - Control of Water Pollution and Surface-Water Use

§ 12-5-20. Short Title

§ 12-5-21. Declaration of Policy; Legislative Intent

§ 12-5-22. Definitions

§ 12-5-23. Powers and Duties of Board and Director as to Control of Water Pollution and Surface-Water Use Generally

§ 12-5-23.1. Water Quality Standards for Lakes; Monitoring; Studies and Reports; Development, Approval, and Publication of Water Quality Standards

§ 12-5-23.2. Waste-Water Discharge Limitations; Schedule of Construction Milestones; Penalties

§ 12-5-23.3. Privatization of Waste-Water Treatment Facilities

§ 12-5-24. Power of Director to Enter Into Contracts and Compacts Regarding Surface-Water Management

§ 12-5-25. Investigations by Division; Institution of Proceedings by Division

§ 12-5-26. Entry on Premises to Investigate and Inspect Conditions and Operating Records; Protection of Trade Secrets and Confidential Information

§ 12-5-27. Authority to Require Owner or Operator of Facility to Cooperate With Division

§ 12-5-27.1. Sale or Use of Cleaning Agents Containing Phosphorus

§ 12-5-28. Annual Reports by Division

§ 12-5-29. Sewage and Waste Disposal; Withdrawal, Diversion, or Impoundment of Surface Waters; Certificates Required for Vessels With Marine Toilets; Conditions for Transfer of Surface Water From One River Basin to Another

§ 12-5-29.1. Combined Sewer Overflow; Plans for Elimination or Treatment of Sewage Overflow; Penalties

§ 12-5-30. Permits for Construction, Modification, or Operation of Facilities Which Discharge Pollutants Into Waters; Permits for Discharge of Dredged or Fill Material Into Waters and Wetlands; Participation in National Pollution Discharge Eliminatio...

§ 12-5-30.1. Major Spills by Publicly Owned Treatment Works

§ 12-5-30.2. Combined Sewer Overflow Systems

§ 12-5-30.3. Sludge Land Application Systems

§ 12-5-30.4. Establishment of Water Emergency Response Procedures

§ 12-5-31. Regulated Riparian Rights to Surface Waters for General or Farm Use; Permits for Withdrawal, Diversion, or Impoundment; Coordination With Water Plans; Metering of Farm Use; Interbasin Transfers; Appeal Procedures

§ 12-5-31.1. Applications, Permits, and Variances for Public Water Supply Reservoirs

§ 12-5-32. Aid to Pollution Control and Surface-Water Management — Powers of Division With Respect to Federal Acts; Receipt and Expenditure of Federal and State Appropriations

§ 12-5-33. Aid to Pollution Control and Surface-Water Management — Grants to Counties, Municipalities, or Other Public Authority for Water Pollution Control Projects

§ 12-5-34. Aid to Pollution Control and Surface-Water Management — Amount of State Grant

§ 12-5-35. Aid to Pollution Control and Surface-Water Management — Administration of Grants by Division

§ 12-5-36. Aid to Pollution Control and Surface-Water Management — Consistency With Federal Acts

§ 12-5-37. Aid to Pollution Control and Surface-Water Management — Intent of Article With Regard to State Contributions

§ 12-5-38. Aid to Pollution Control and Surface-Water Management — Management by Division of Federal Construction Grants Program

§ 12-5-38.1. Administration of Funds; Water Pollution Control and Drinking Water Revolving Funds

§ 12-5-39. Aid to Pollution Control and Surface-Water Management — Area-Wide Waste Treatment Management

§ 12-5-40. Aid to Pollution Control and Surface-Water Management — Adoption of Rules and Regulations Regarding Application for State Grants

§ 12-5-42. Cooperative Efforts for Abatement of Pollution; Order by Director; Request for Hearing; Allowance of Reasonable Time for Abatement

§ 12-5-43. Administrative Hearings

§ 12-5-44. Judicial Review

§ 12-5-45. Judgment in Accordance With Division’s Order

§ 12-5-46. Effect of Article on Rights of Action

§ 12-5-47. Emergency Orders; Hearing

§ 12-5-48. Injunctive Relief

§ 12-5-49. Representation of Division and Its Agents by Attorney General and His Staff

§ 12-5-50. Intent of Article as to Conflicts With Federal Laws and as to Eligibility of Division or Departments of State Government for Federal Funds; Remedial Action

§ 12-5-51. Civil Liability

§ 12-5-52. Civil Penalty

§ 12-5-53. Criminal Penalty