§ 34-113. Permits.

(a)

Land disturbance. No person shall begin physical improvement on a lot including clearing, grading, or excavation for footings (nor shall any building permit be issued) prior to receiving a permit from the board of health to construct a private or semi-public water supply.

(b)

Construction permit. No person shall construct a private or semi-public water supply without obtaining a water supply construction permit from the board of health. Occupancy/permanent power holds shall be placed on all new premises at time of permit issuance. No person shall use a private or semi-public water supply, nor shall occupancy/permanent power holds be released by appropriate governmental jurisdictions until construction approval is given by the department. The permit is valid for 12 months from date of issuance. A fee shall be charged for this service.

(1)

Ownership of property and system. No construction permits for a semi-public or private water supply shall be issued unless fee-simple title of all property is under same ownership and the system exclusively serves the owner's facilities on that property.

(2)

Semi-public water supply. Data requirements for construction plans and specifications shall comply with the current department "Data Requirements—Semi-Public Water Supply".

(c)

Operating permit. Operating permits are required as follows:

(1)

Semi-public/non-drinking water supply. No person shall operate a semi-public or non-drinking water supply without a valid permit from the board of health.

(2)

Community or non-community water supply. No person shall operate a public community or non-community water supply without a valid permit from the environmental protection division of DNR.

(d)

Repair/modify permit. No person shall alter, modify, enlarge, or repair (except repairs required for routine maintenance) any water supply without first submitting plans and specifications and receiving department approval of the plans and issuance of a repair permit.

(e)

Unapproved water supplies. The following shall apply to unapproved water supplies with the adoption of this article.

(1)

Existing water supplies. Water supplies constructed prior to June 2, 1982, are exempt from the construction and separation distance requirements unless they are determined to be a public health hazard. (See subsection (f) of this section).

(2)

Water supplies given site approval only. Water supplies given site approval by the board of health, that were installed but not granted construction approval due to the following are not approved water supplies:

a.

Unapproved/noncomplying construction (including for failure to submit contractor certification of below ground construction meeting this article);

b.

Unsatisfactory bacteriological well water sample results; and/or

c.

Denial of access for final inspection.

(3)

Disapproval. Owners may be notified in writing of disapproval. The well will not be approved until all construction requirements are satisfied.

(4)

Spring. A spring may not be developed as a water supply. An existing spring currently being used as a water supply must meet the following criteria:

a.

A protective concrete structure must be weather resistant, provided with walls extending to bedrock or deep enough to provide a proper foundation to prevent surface water seepage;

b.

Diversion ditches must be provided to divert surface water;

c.

The area shall be fenced to prevent livestock entry or tampering by individuals;

d.

The spring box must be tightly covered and the overflow pipe located to prevent contamination; and

e.

All construction must meet the approval of the environmental protection division of DNR.

(f)

Public health hazard. Water supplies determined to be a present danger to the public health by the board of health, whether due to faulty (or improper) construction or a contaminated aquifer resulting in unsatisfactory bacteriological test results, and/or pollution of the aquifer, must be brought into compliance or be properly abandoned. If the owner fails to properly abandon a well declared to be a health hazard or the owner cannot be located, then the board of health may require the abandonment to be performed by the appropriate governmental entity in accordance with the O.C.G.A. § 44-1-14.

(g)

Signs. The board of health may post signs (or require signs to be posted) on a premise prohibiting use of a water supply where a public health hazard exists (i.e. improperly constructed wells polluting the aquifer, abandoned wells, etc.). Signs shall be removed only by authorized personnel of the board of health.

(h)

Sabotage/contamination. No person shall willingly destroy, defile, or contaminate any water supply.

(i)

Undeveloped well. The owner must properly fill, plug, and seal any undeveloped well within 30 days of the excavation, in accordance with this article.

(j)

Other boreholes. Boreholes used for engineering, soil evaluation, etc. shall be properly filled and plugged in accordance with the Georgia Safe Drinking Water Act of 1977 (O.C.G.A. § 12-5-170 et seq., as amended).

(k)

Waste disposal. No well or borehole shall be used to dispose of any waste or pollutants.

(l)

Confidentiality of records. The identity and address of all permit holders who are authorized to maintain and use a private water supply are declared to be confidential and may not be disclosed to any person or entity in the absence of a court order requiring such disclosure. Notwithstanding the privilege and confidential nature of this information, the complete records pertaining to any such permit holders shall be disclosed where otherwise required by law or upon request to any state or federal entity or appropriate governmental jurisdiction which has jurisdiction over public health, welfare or environmental matters without the necessity of obtaining a court order.

(Res. No. 05-0616, 5-18-05; Ord. No. 18-0340, Att. A, 5-16-18)