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.
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
[See streambank
solutions]. 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. Dekalb defers to
the Manual produced by the Georgia
Soil and Water Conservation Commission;
see esp. Chapter 6 "Best Management
Practice Standards and Specifications for
General Land-Disturbing Activities."
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.
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) For online text,
see www.municode.com
[Follow the menu to Free Resources -> Online
Codes -> Click on Georgia -> DeKalb County]
Tree protection
ordinance (Chapter 14 Land Development.
Article II. Environmental Control. Sec.
14-39. Tree protection.)
Removal of weeds,
junk, etc.(Chapter 7 Buildings and
Building Regulations. Article III. Property
Maintenance. Division 1. Sec. 7-357. Weeds,
junk, etc., prohibited)
City of Decatur: Municipal Code (Codified
through Ord. No. O-97-20, adopted June 16, 1997.
(Supplement No. 1)) For online text, see
www.municode.com
[Follow the menu to Free Resources -> Online
Codes -> Click on Georgia -> Decatur]
PART III CODE OF ORDINANCES
Chapter 42 ENVIRONMENT
ARTICLE IV. SOIL EROSION AND SEDIMENTATION
CONTROL
ARTICLE V. STORMWATER DRAINAGE
ARTICLE VI. STORMWATER QUALITY
MANAGEMENT
Chapter 90 SUBDIVISIONS
Zoning (Appendix A)
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.