Ga. Comp. R. & Regs. R. 391-3-3-.01 - Authority and Administration

(1) Authority. Rules and regulations regarding surface mining and reclamation of affected lands are adopted pursuant to the Georgia Surface Mining Act of 1968, as amended.

(2) Definitions. All terms used in the rules and regulations shall be interpreted in accordance with the definitions as set forth in the Georgia Surface Mining Act of 1968, as amended, unless otherwise defined in the rules and regulations:

(a) "Act" means the Georgia Surface Mining Act of 1968, as amended;

(b) "Director" means the Director of the Division of Environmental Protection of the Department of Natural Resources, State of Georgia;

(c) "Division" means the Division of Environmental Protection of the Department of natural Resources, State of Georgia.

(3) Enforcement. The administration and enforcement of any rules and regulations shall be in accordance with the Georgia Surface Mining Act of 1968, as amended, the Executive Reorganization Act of 1972, as amended, and the Georgia Administrative Procedure Act, as amended.

(4) Powers and Duties of the Director. Powers and duties vested in the Director pursuant to Act include, but are not limited to, the following:

(a) To administer and enforce the provisions of the Act and all rules and regulations promulgated thereunder;

(b) To issue such orders as may be necessary to enforce compliance with the Act all rules and regulations promulgated thereunder;

(c) To examine and pass upon permit applications and Mining Land Use Plans;

(d) To revoke permits of mining operators who refuse to carry out their Mining Land Use Plans;

(e) To deny a new permit to a mining operator whose permit has been revoked, until the mining operator gives assurance satisfactory to the Director of his ability and intent to fully comply with the Act with respect to affected land under the revoked permit.

(f) To forfeit bonds or cash of mining operators who refuse to carry out their Mining Land User Plans;

(g) To carry out land use projects on lands where bonds or cash have been forfeited, using funds available for such purposes;

(h) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Director in carrying out the provisions of the Act;

(i) To seek civil penalties in accordance with the Act;

(j) To decline to assert jurisdiction under the Act over any class or category of mines when the effect of the operation of such mines is not sufficiently substantial to warrant the exercise of jurisdiction;

(k) To exercise all incidental powers necessary to carry out the purposes of the Act.

Notes

Ga. Comp. R. & Regs. R. 391-3-3-.01

Ga. L. 1968 et seq., as amended by Ga. L. 1972, p.1015, as amended; Ga. L. 1992, p. 1098 et seq., as amended.

Original Rule was filed on September 6, 1973; effective September 26, 1973. Amended: Original Rule entitled "Organization and Administration" repealed and a new Rule entitled "Organization" adopted. Filed October 23, 1974; effective November 12, 1974. Amended: Rule repealed and a new Rule entitled "Authority and Administration" adopted. Filed July 19, 1976; effective August 8, 1976. Amended: F. Jul. 23, 1992; eff. Aug. 12, 1992.