07 LC 28
3435ER
House
Bill 760
By:
Representative Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating
to control of soil erosion and sedimentation, so as to authorize certain water
and sewer authorities and storm-water utilities to be certified as local issuing
authorities; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 12 of the Official Code of Georgia Annotated, relating to control of
soil erosion and sedimentation, is amended by revising paragraph (10) of Code
Section 12-7-3, relating to definitions, as follows:
"(10)
'Local issuing authority'
means.:
(A)
The
the
governing authority of any
county;
(B)
The governing authority of any
or
municipality which is certified pursuant to subsection (a) of Code Section
12-7-8.;
(C)
Any local water or sewer authority created by general, local, or special Act of
the General Assembly that has entered into an intergovernmental agreement with
any county or municipality, pursuant to which the local water or sewer authority
has primary responsibility for storm-water management and soil erosion and
sedimentation control regulation, inspection, and enforcement. Such water or
sewer authority must have written authorization from each local government in
its jurisdiction prior to applying to the division for certification as a local
issuing authority. Such written authorization shall not be revoked without the
concurrence of the water or sewer authority. However, if the division revokes
the certification of the water or sewer authority as set forth in subsection (c)
of Code Section 12-7-8, each local government in the water or sewer
authority´s jurisdiction may apply to the division for certification as a
local issuing authority; or
(D)
Any storm-water utility that has entered into an intergovernmental agreement
with any county or municipality, pursuant to which the storm-water utility has
primary responsibility for storm-water management and soil erosion and
sedimentation control regulation, inspection, and enforcement. Such storm-water
utility must have written authorization from each local government in its
jurisdiction prior to applying to the division for certification as a local
issuing authority. Such written authorization shall not be revoked without the
concurrence of the storm-water utility. However, if the division revokes the
certification of the storm-water utility as set forth in subsection (c) of Code
Section 12-7-8, each local government in the storm-water utility´s
jurisdiction may apply to the division for certification as a local issuing
authority.
Such
county, municipality, local water or sewer authority, or storm-water utility
shall only be certified as a local issuing authority upon satisfaction of the
requirements set forth in subsection (a) of Code Section 12-7-8. For the
purposes of this chapter, any reference to a 'county' or 'municipality,' when
referring to such as a local issuing authority, shall also mean and include
local water or sewer authorities and storm-water utilities which are or may be
certified as a local issuing authority under this
paragraph;"
SECTION
2.
Said
chapter is further amended by revising paragraph (1) of subsection (a) of Code
Section 12-7-8, relating to certification of locality as local issuing
authority, as follows:
"(a)(1)
If a county
or municipality
any
governmental entity identified in paragraph (10) of Code Section
12-7-3 has enacted ordinances which meet
or exceed the standards, requirements, and provisions of this chapter and the
state general permit, except that the standards, requirements, and provisions of
the ordinances for monitoring, reporting, inspections, design standards,
turbidity standards, and education and training shall not exceed the state
general permit requirements, and which are enforceable by such
county or
municipality
governmental
entity, and if
a county or
municipality
such
governmental entity documents that it
employs qualified personnel to implement enacted ordinances, the director may
certify such
county or
municipality
governmental
entity as a local issuing authority for
the purposes of this chapter."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.