2020 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 5 - Water Resources
Article 2 - Control of Water Pollution and Surface-Water Use
§ 12-5-30.3. Sludge Land Application Systems

1. As used in this Code section, the term:
   1. "Sludge" means the solid or semisolid residue generated at a waste-water treatment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge that has been treated to further reduce pathogens by such processes as composting, heat drying, or heat treating.
   2. "Sludge land application" means the placement of sludge on or under the ground surface for the purpose of sludge disposal, soil conditioning, or agricultural enhancement. Such term specifically excludes the disposal of sludge in a permitted landfill.
2. 1. No person shall operate a sludge land application system without first securing the approval of the director. The director may include this approval and approval requirements in a permit issued under Code Section 12-5-30.
   2. Prior to the issuance of any permit for a sludge land application system, the director shall require written verification to be furnished by the applicant that the proposed facility complies with applicable local zoning or land use ordinances, if any.
3. The Board of Natural Resources shall adopt technical regulations governing sludge land application and procedural regulations for approval of sludge land application systems, including public notice and public hearing requirements. All public hearings shall be conducted by the division and the applicant for the permit within the jurisdiction of the local governing authority where the proposed sludge land application site is located.
4. The local governing authority in which a sludge land application site is located may assess upon the generator of the sludge and the owner of the sludge land application site reasonable fees for environmental monitoring of the site and may hire persons to monitor the site. Payment of the assessed fee shall be made prior to the application of sludge. Failure to pay such fees, if assessed, shall be grounds for the local governing authority to seek an injunction to stop the land application of sludge. The provisions of this subsection shall not apply to the land application of sludge which is generated by the treatment of industrial process waste water only.
5. Any person who violates this Code section, regulations adopted by the Board of Natural Resources pursuant to this Code section, or any permit or approval requirements of the director issued pursuant to this Code section shall be subject to the civil penalties and the criminal penalties contained in Code Sections 12-5-52 and 12-5-53.

(Code 1981, §12-5-30.3, enacted by Ga. L. 1993, p. 730, § 1; Ga. L. 2014, p. 598, § 1/HB 741; Ga. L. 2017, p. 774, § 12/HB 323.)

The 2014 amendment, effective April 23, 2014, inserted "that has been" in the second sentence of paragraph (a)(1); designated the existing provisions of subsection (b) as paragraph (b)(1) and added paragraph (b)(2); added the second sentence in subsection (c); and, in subsection (d), inserted "upon" near the middle of the first sentence and substituted "this section" for "this subsection" near the beginning of the last sentence.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in subsection (d).

- For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 65 (1993).

JUDICIAL DECISIONS

Authority of local governments.

- Local governments are not authorized to regulate the application of sludge to land except in the specific area of monitoring. Franklin County v. Fieldale Farms Corp., 270 Ga. 272, 507 S.E.2d 460 (1998).

- O.C.G.A. § 12-5-30.3 preempted by implication the county's land disposal ordinance establishing a duplicate permit system that was not authorized by general law. Franklin County v. Fieldale Farms Corp., 270 Ga. 272, 507 S.E.2d 460 (1998).