Ga. Comp. R. & Regs. R. 391-3-5-.17 - Permit to Operate a Public Water System

(1) Permit Required from the Director. Any person who owns or operates a public water system or who desires to commence operation of a public water system shall obtain a permit from the Director.

(2) Permit Application. Applicants for permits under the Act shall be on forms as may be prescribed and furnished by the Division. The permit application form shall be signed by the owner or their duly authorized agent.

(3) Additional Information. Any applicant for a permit whose application is pending final consideration shall upon the request of the Director provide such additional information as may be necessary to enable the Director to properly pass upon the application. Such additional information may include, but not be limited to, complete engineering report, quantitative and qualitative determinations of the source of water supply and drinking water, plans, specifications, maps, measurements, records, documentation to demonstrate system's financial, technical and managerial capacity with respect to drinking water regulations in effect or likely to be in effect, source water assessments and protection plan, water conservation plan, cross-connection plan, operations and maintenance plan, infrastructure protection plan, and all related material.

(4) Complete Applications. Applications for permits will be reviewed together with the submitted information and when the Director is satisfied that the application is complete a determination to issue or deny the permit will be made.

(5) Public Participation. Whenever in the judgment of the Director public participation may be required prior to the final determination to issue or deny a permit the Director may give public notice of the proposed action. Public notice will be prepared and circulated in a manner designed to inform interested and potentially interested persons of the permit application. Procedures for circulation of the public notice shall include the following:

(a) A copy of the public notice will be provided to the permit applicant, will be available at the Division office in Atlanta, and will be posted to the Division's website.

(b) Electronic mailing (e-mail) notification of the public notice to any persons or groups included on the electronic mailing list to receive such notices. The EPD shall maintain an electronic mailing list for distribution of public notices. Any person or group may request that their e-mail address be added to the electronic mailing list or they may sign-up through the EPD website.

(c) The Director shall provide a period of not less than thirty (30) days following the public notice in which interested persons may submit their written views with respect to the permit application. All written comments submitted during the thirty (30) day comment period will be retained by the Division and considered in the final determination of the permit application.

(d) The contents of the public notice will be in accordance with applicable Federal regulations and State laws.

(6) Public Hearing. The Director shall hold a public hearing if he determines that there is sufficient public interest or need for a public hearing prior to the final determination to issue or deny a permit.

(a) Any public hearing held pursuant to this paragraph shall be held in the geographical area of the proposed or existing public water system or other appropriate location at the discretion of the Director.

(b) The Director may hold one public hearing on related groups of permit applications.

(c) Public notice of any public hearing held pursuant to this paragraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with paragraph (5) of this rule.

(7) Permit Conditions. A permit issued by the Director shall stipulate such terms, and conditions and schedules of compliance as the Director deems necessary to meet the requirements of these rules and which are consistent and in conformity with the Act and the Federal Act. Any permit issued pursuant to the Act may be subject to such monitoring, recording and reporting requirements as may be reasonably required by the Director including the installation, use and maintenance of monitoring equipment or methods; specific requirements for recording of monitoring activities and results; and periodic reporting of monitoring results. The monitoring, recording and reporting requirements shall be specified in a permit issued, provided, however, the Director may modify or require additional monitoring, recording and reporting by written notification to the permittee.

(8) Permit Transfers. A permit issued by the Director may be transferred due to a change in ownership of the public water system. The permittee shall notify the succeeding owner by letter of the existing permit and shall surrender the permit to the Director along with a copy of the letter to the succeeding owner. It shall be the succeeding owner's responsibility to request a transfer of the permit. A completed permit application shall be submitted to the Director on the forms prescribed and furnished by the Division within 30 days of transfer. The succeeding owner shall upon the request of the Director provide such additional information as may be necessary (including but not limited to proof of ownership and business plan) to enable the Director to transfer the permit.

(9) Permit Application Denials. Based on the information submitted or available to the Director, a permit application may be denied by the Director for any one of the following reasons where the proposed activity or system would:

(a) present an immediate or potential health hazard to the public, or

(b) not adequately supply water under sufficient pressure and flow at all times, or

(c) not meet the requirements of these rules or the Act.

(10) Notice In Case of Application Denial. In the event an applicant's permit is denied, the Director shall serve written notice of such action to the applicant setting forth in such notice the reason for the action.

(11) Permit Expiration Term. Each permit issued under this Rule shall have a fixed term not to exceed ten (10) years. The permittee shall apply for a renewal at least 90 days prior to the expiration of the permit. A new permit may be issued by the Director if, after a review, the Director determines that the continued operation of such public water system meets or will meet all applicable drinking water standards, maximum contaminant levels and all requirements of the Act and these rules. Any permit issued under this paragraph may include any of the terms, conditions and schedules of compliance under paragraph (7) of this Rule.

(12) Revocation, Suspension, or Modification. The Director may revoke, suspend, or modify a permit issued under this Rule for cause, including, but not limited to, the following:

(a) violation of any condition of said permit;

(b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;

(c) change in any condition that requires either:

1. a temporary or permanent decrease in the maximum contaminant levels; or

2. elimination of the permitted operation.

(13) Notice In Case of Permit Revocation, Suspension, or Modification. In the event of modification, suspension, or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for the action.

(14) Access by Division. The Director or any agents or employees of the Division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of investigating conditions, processes, methods of treatment, records relating to the operation of any public water system, compliance with any operating permit issued, to make sanitary surveys, to determine compliance with the Act and any rules promulgated thereunder, or to make such investigations and studies as the Director deems advisable and necessary for the protection of the public health.

(15) Previous Permits. In the event of reissue, modification, suspension, revocation or transfer of a permit all previously issued permits for the system shall be surrendered to the Division upon written notice by the Director.

(16) Compliance with Wellhead Protection. All community public water systems utilizing ground water sources and serving a municipality, county, or an authority are required to comply with the Wellhead Protection rule, Rule 391-3-5-.40.

(17) Conformance with Minimum Standards. Design and construction of all public water systems shall conform to the latest edition of the Division's "Minimum Standards for Public Water Systems".

Notes

Ga. Comp. R. & Regs. R. 391-3-5-.17

O.C.G.A. § 12-5-170 et seq.

Original Rule entitled "Water Samples" adopted. F. Sept. 6, 1973; eff. Sept. 26, 1973. Repealed: New Rule entitled "Permit to Operate Public Water System" adopted. F. July 5, 1977; eff. July 26, 1977, as specified by Rule 391-3-5-.47. Amended: F. July 15, 1983; eff. August 4, 1983. Repealed: New Rule of same title adopted. F. May 12, 1989; eff. June 1, 1989. Amended: F. Dec. 4, 1990; eff. Dec. 24, 1990. Amended: F. June 25, 1992; eff. July 15, 1992. Amended: F. June 7, 1993; eff. June 27, 1993. Amended: F. Sept. 26, 1997; eff. Oct. 16, 1997. Amended: F. Sept. 29, 2000; eff. Oct. 19, 2000. Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002. Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014. Amended: F. Apr. 22, 2021; eff. May 12, 2021.