Ga. Comp. R. & Regs. R. 391-3-15-.01 - General Provisions
(1)
Purpose. These Rules and Regulations (Rules) are promulgated for
the purpose of protecting and enhancing the quality of Georgia's environment
and of protecting the public health, safety, and well-being of its citizens and
of instituting and maintaining a comprehensive Statewide program for the
management of regulated substances stored in underground tanks.
(2)
Authority
(a) These Rules are issued under the
authority of the Georgia Underground Storage Tank Act (GUSTA), Official Code of
Georgia Annotated (O.C.G.A.) §
12-13-1
et seq.
(1988), as amended.
(b) The
Director of the Environmental Protection Division (Director) or his authorized
representative or an authorized contractor or agent of the Department upon
presentation of his credentials, shall have a right to enter upon, into or
through premises of persons subject to GUSTA, or premises whereon a violation
of GUSTA or these Rules is reasonably believed to be occurring or causing
impact or is reasonably believed to be about to occur or cause impact. The
Director or his authorized representative shall have the right to investigate,
take samples, copy all records relating to underground storage tanks, and
inspect in accordance with the following purposes:
1. to determine whether any person subject to
the requirements of GUSTA is in compliance with these Rules;
2. to investigate conditions relating to
underground storage tanks (UST) or UST management practices where the Director
is in possession of information sufficient to form a reasonable belief that a
violation of GUSTA or these Rules is occurring or is about to occur;
or
3. to determine whether there
has been a violation of any of the provisions of GUSTA or these Rules, or any
permit or order issued pursuant to GUSTA and these Rules.
(c) In the event any person does not consent
to an inspection or investigation, the Director or his authorized
representative may seek to obtain a warrant authorizing the inspection or
investigation pursuant to O.C.G.A. §
12-13-8(b) and
§
12-2-2(d).
(d) EPD or its contractors may enter upon the
property of the owner or operator, at such time and in such manner as deemed
necessary, to effectuate the necessary corrective action to protect health and
the environment.
(e) The Director,
an authorized employee of the Department, or an authorized contractor or agent
of the Department, upon presentation of his or her credentials, shall have a
right to enter upon, to, or through premises of persons subject to GUSTA or
premises whereon a release of a regulated substance in violation of GUSTA or
the rules and regulations adopted pursuant to GUSTA is reasonably believed to
be occurring or is reasonably believed to have previously occurred to
investigate, take samples, copy all records relating to storage of regulated
substances in underground storage tanks, and inspect for compliance with the
requirements imposed under GUSTA or these Rules, or any permit or order issued
pursuant to GUSTA or these Rules in order to determine whether such a current
release or past release exists and to conduct appropriate corrective action for
any release which may currently exist or may have existed.
(3)
Reference.
(a) Any reference in these Rules to
standards, procedures, and requirements of Title 40 of the Code of Federal
Regulations (40 CFR) Part 280 shall constitute the full adoption by reference
of the Part, Subpart, and Paragraph so referenced including any notes and
appendices as may be associated, as amended through July 15, 2015, unless
otherwise stated.
(b) When used in
any such provisions as may be adopted from 40 CFR Part 280 : implementing
agency or state implementing agency shall mean Environmental Protection
Division (EPD); and Regional Administrator or Director of the implementing
agency shall mean Director of the Environmental Protection Division. Unless
specifically indicated otherwise, any reference to implementation by,
submissions to, or inspections, investigations or enforcement by the EPA in
such Regulations as may be adopted by reference by these Rules shall be
construed to mean EPD unless such interpretation would be inconsistent with the
intent of the Georgia Underground Storage Tank Act (GUSTA).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.