|
Environmental
Laws
Federal
Laws
(see also the EPA's summary)
- Clean Water Act (CWA, 1972): holds state agencies and
the EPA jointly responsible for identifying both point and nonpoint
sources of pollution.
- Section 402 prohibits the discharge of any pollutants into navigable
waters (interpreted by the state of Georgia to include only big
rivers) unless the discharger has a National Pollutant Discharge
Elimination System (NPDES) permit. All other sources of water pollution
-- nonpoint sources -- are approached with various management strategies.
- In 1987 Congress extended the NPDES program to stormwater runoff.
Cities with populations over 100,000 must apply for NPDES permits
for their storm drain discharges (MS4 permits).
- Safe Drinking Water Act (SDWA) traditionally emphasized treatment
technologies at the water treatment plant. In 1996 new provisions focus
on protecting the source of drinking water in watersheds and require
states to perform assessments of these headwaters for all public water
systems.
- Wild and Scenic Rivers
Act (1974): "It is hereby declared to be the policy of the
United States that certain selected rivers of the Nation which, with
their immediate environments, possess outstandingly remarkable scenic,
recreational, geologic, fish and wildlife, historic, cultural, or other
similar values, shall be preserved in free-flowing condition, and that
they and their immediate environments shall be protected for the benefit
and enjoyment of present and future generations." Names the following
Georgia rivers: Chattooga, Suwannee, Ogeechee, and St. Marys River.
State Laws
- Georgia Water Quality Control Act (1964): Section 303
of the Clean Water Act requires states to designate the use of each
waterbody. Georgia's waters are classified as either fishing, recreation,
drinking water, wild river, scenic river, or coastal fishing. Each designated
use has a different set of water quality standards for parameters such
as pH, dissolved oxygen, fecal coliform bacteria, and temperature. The
standards are set to allow the maximum concentrations of pollutants
possible to preserve the designated use. Wherever possible, states must
set water standards that will protect aquatic life and allow recreation
in and on the water ("fishable/swimmable" waters -- Section
101 of the CWA). Every year the Georgia Environmental Protection Division
publishes a report of whether the states' streams and rivers support
or do not support their designated use. To obtain a copy of the report,
call 404-675-6236.
- Erosion and Sedimentation Control Act (GESA). Requires permits
for "land disturbing activities" and requires buffers to be
maintained between the land disturbing activity and waters of the state.
- Land disturbing activities include clearing, grading, excavating,
or filling of land. Excluded are minor activities, such as home
gardens and landscaping.
- Local authority is required to review plans, issue permits and
enforce the minimum requirements of Best Management Practices (BMP's),
defined as a combination of structural measures and vegetative practices
to control erosion and sedimentation at a given site. To find out
if a county or city is an issuing authority, call GA EPD at 404-675-6240.
Supervising authorities are the EPD and the area Soil and Water
Conservation District.
- For most streams no development is allowed within 25 feet of
the stream. For state-designated trout streams (there are none in
DeKalb county), the buffer width is 50 feet. Exceptions must be
granted by the state, not local authorities.
- The Metropolitan River Protection Act adds restrictions
on development within 2000 feet of the Chattahoochee River for 48
miles between Buford Dam and Peachtree Creek.
- Public Access Law. If a river is "navigable,"
then the owner cannot close off access to the public. Georgia considers
a waterway navigable only if it is capable of transporting boats loaded
with freight.
- GA Open Records Act (O.C.G.A. 50-18-70). Georgia citizens
are entitled to review and copy all public records in a public agency's
files. The best way to obtain public records from an agency is to send
them an open records act request letter detailing the records you need.
You will probably be required to pay the cost of copying, usually $.25
per page. This act applies to local planning and development offices
or county commission, as well as state agencies like the Department
of Natural Resources and its Environmental Protection Division.
- Non-Regulatory Programs
- Pending
- ELECTRICITY CONSERVATION (SB 93):
- Proposes a voluntary program by which electric customers may opt
to participate in cogeneration and net metering in order to preserve
energy and the atmosphere.
- Passed Senate Finance & Public Utilities Committee on 3/1/01.
- ENVIRONMENTAL TRAINING & EDUCATION AUTHORITY (HB 375)
- Creates the Georgia Environmental Training and Education Authority
to train and certify persons in the treatment and testing of drinking
water & wastewater, proficiency in meeting Georgia's National Pollutant
Discharge Elimination System permit requirements, proficiency in
designing, implementing and inspecting management practices under
Georgia's Erosion & Sedimentation Act of 1975, and proficiency in
technology assisting public and private entities in complying with
the Georgia Water Quality Control Act and Georgia Safe Drinking
Water Act. Authorizes the authority to issue bonds for the purchase,
lease or construction of facilities or to pay for operating expenses.
- Passed the House on 2/27/01.
- EROSION CONTROL (SB 216):
- Provides for rules, regulations and ordinances relating to erosion
control on construction sites, storm-water runoff and maximum turbidity
into waters. Referred to a subcommittee of the Senate Natural Resources
Committee.
- WATER BILL OF RIGHTS(HR 28 & SR 85):
- SR85 passed the Senate Natural Resources Committee last week (2/27/01)
with an amendment which would make the state the trustee charged
with the duty to manage its surface and ground waters in the best
interest of the public.
- WATER PLANNING DISTRICT (SB 130):
- Creates the Metropolitan North Georgia Water Planning District
to establish policy, create plans, and promote intergovernmental
cooperation on water issues. The planning district is also designed
to increase access to funding for water related projects and will
include 18 counties. Four amendments were added on the Senate floor
to do the following: (1) Include the Lake Allatoona Preservation
Authority as a member of the Etowah Advisory Council; (2) Specify
objectives which would improving and maintaining the water quality
of all streams and public lakes and maintaining appropriate levels
of stream flow for new or expanding surface-water withdrawal facilities;
(3) Provide for management of decentralized waste water systems
as an element of the short-term plan to ease immediate waste-water
capacity constraints; and (4) Clarify that the meetings of the advisory
basin councils will be held on a regular basis as determined by
the board. All four amendments were adopted without objection.
- SB 130 passed the Senate as amended on February 27 by a vote of
50-4.
- Pending in the House Natural Resources Committee.
- WATER STUDY COMMITTEE(SR 142):
- Creates a joint Comprehensive Water Plan Study Committee to be
composed of 23 members to develop a comprehensive water plan for
the state.
- Passed the Senate on 2/26/01.
Local Ordinances
- DeKalb County: Code
of the County of DEKALB, GEORGIA (Codified through Ord. No.
99-15, enacted June 22, 1999. (Supplement No. 20) Code of DeKalb County,
as revised 1988)
- City of Decatur: Municipal
Code (Codified through Ord. No. O-97-20, adopted June 16, 1997.
(Supplement No. 1))
Resources
- Cower, Gail; Hardy, Paul. "Environmental Management Requirements
for Stream and River Corridors in Georgia." University of Georgia:
Institute of Community and Area Development. 1997. Prepared for the
Georgia EPD
- Rep. Stephanie Stuckey's Legislative Update email
list.
|
