Bill Text: GA HB239 | 2009-2010 | Regular Session | Introduced
Bill Title: Water pollution control; regulate surface water returns; county boards of health; change certain provisions
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2009-02-03 - House Second Readers [HB239 Detail]
Download: Georgia-2009-HB239-Introduced.html
09 LC
25 5378
House
Bill 239
By:
Representatives Smith of the
131st,
Hanner of the
148th,
and Lane of the
167th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to control of water pollution and surface-water use, so as
to regulate the return of surface waters to the sources from which they were
withdrawn by local government entities; to provide for reports; to provide for
permit modifications; to amend Code Section 31-3-5 of the Official Code of
Georgia Annotated, relating to functions of county boards of health, so as to
change certain provisions relating to on-site sewage management systems; to
provide a short title; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Water Conservation Act of
2009."
SECTION
2.
Article
2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to control of water pollution and surface water use, is amended by adding a new
Code section to read as follows:
"12-5-31.2.
(a)
On and after July 1, 2014, each county, municipality, consolidated government,
or local government authority which holds a permit issued under Code Section
12-5-31 shall report quarterly to the director:
(1)
The total volume of surface water withdrawn under such permit during the most
recently completed calendar quarter; and
(2)
The total volume of treated water returned by such permit holder to the source
of permitted withdrawal during the most recently completed calendar
quarter.
(b)
If the director determines that the returned amount most recently reported under
paragraph (2) of subsection (a) of this Code section is less than 75 percent of
the withdrawn amount most recently reported under paragraph (1) of subsection
(a) of this Code section
for any
county, municipality, consolidated government, or local government authority
which holds a permit issued under Code Section 12-5-31, the director shall
modify the permit to impose a condition requiring that no new water service
connection shall be provided for any residence, building, or facility located
within the jurisdiction of the permittee until a following quarterly report
demonstrates that the returned amount equals or exceeds 75 percent of the
withdrawn amount."
SECTION
3.
Code
Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions
of county boards of health, is amended by revising subsection (b) as
follows:
"(b)
Each county board of health shall have the power and duty to adopt regulations
providing standards and requirements governing the installation of on-site
sewage management systems within the incorporated and unincorporated area of the
county, subject to the provisions of Code Section 31-2-7, any rules and
regulations promulgated under Code Section 31-2-7, and subsection (d) of this
Code section. Such regulations shall include and be limited to the
following:
(1)
Specifying the locations within the incorporated and unincorporated area of the
county where on-site sewage management systems may be installed;
(2)(A)
Specifying the minimum lot size or land area which may be served by an on-site
sewage management system based on scientific data regarding on-site sewage
management
systems.
(B)
The minimum lot size or land area shall not be less than three acres if the
residence, building, or facility to be served by an on-site sewage management
system is to be connected to a public water system having more than a total of
70,000 active service connection accounts or more than 200 such accounts per
square mile of total area
served;
(3)
Specifying the types of residences, buildings, or facilities which may be served
by on-site sewage management systems;
(4)(A)
Issuing permits for the installation of on-site sewage management systems prior
to such
installation.
(B)
Action on any application for the installation of an on-site sewage management
system shall be suspended for the duration of any period in which the county or
any portion thereof is in an exceptional drought as declared by the director of
the Environmental Protection Division of the Department of Natural Resources, if
the residence, building, or facility to be served by such on-site sewage
management system is to be connected to a public water system having more than a
total of 70,000 active
service
connection accounts or more than 200 such accounts per square mile of total area
served;
(5)
Inspecting on-site sewage management system installations prior to the
completion of the installation; and
(6)(A)
Providing for ongoing maintenance of such systems, except for nonmechanical
residential sewage management
systems.
(B)(i)
Any residence, building, or facility which as of June 30, 2009, was located on a
lot or land area less than the minimum size specified in subparagraph (B) of
paragraph (2) of this subsection and connected to a public water system having
more than a total of 70,000 active service connection accounts or more than 200
such accounts per square mile of total area served shall be disconnected from
any on-site sewage management system and connected to a public sewer system not
later than July 1, 2014, or five years after the date on which the public water
system first exceeds a minimum number of accounts specified in this division,
whichever is later.
(ii)
No new water service connections shall be made to any such public water system
in any jurisdiction which fails to make public sewer system lines available for
connection as necessary for purposes of complying with division (i) of this
subparagraph."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.