Title 12, Chapter 5, Section 23.1
( 12-5-23.1)
(a) As used in this Code section, the word "lake" means any publicly
owned lake or reservoir located wholly or partially within this
state which has a normal pool level surface average of 1,000 or more
acres. (b) The director shall establish water quality standards for each
lake which require the lake to be safe and suitable for fishing and
swimming and for use as a public water supply, unless a use
attainability analysis conducted within requirements of this article
demonstrates such standards are unattainable. (c) For purposes of this subsection, a multiple parameter approach
for lake water quality standards shall be adopted. Numerical
criteria including, but not limited to, those listed below shall be
adopted for each lake: (1) pH (maximum and minimum); (2) Fecal coliform bacteria; (3) Chlorophyll a for designated areas determined as necessary to
protect a specific use; (4) Total nitrogen; (5) Total phosphorus loading for the lake in pounds per acre feet
per year; and (6) Dissolved oxygen in the epilimnion during periods of thermal
stratification. (d) The standards for water quality of each lake shall take into
account the geographic location of the lake within the state and the
location of the lake within its watershed as well as horizontal and
vertical variations of hydrological conditions within each lake.
The director shall also establish nutrient limits for each of the
lakes' major tributary streams, including streams with permitted
discharges. Such limits shall be consistent with the requirements
of subsection (b) of this Code section and shall be established on
the basis of accepted limnological techniques and as necessary in
accordance with the legal and technical principles for total maximum
daily loads. The nutrient limits for tributary streams shall be
established at the same time that the lake water quality standards
are established. (e) After water quality standards are established for each lake and
its tributary streams, the division shall monitor each lake on a
regular basis to ensure that the lake reaches and maintains such
standards. (f) The data from such monitoring shall be public information. The
director shall have the authority to close a swimming area if data
from samplings indicates, in the opinion of the director, that such
action is necessary for public safety. (g) Provided funds are available from any source, there shall be a
comprehensive study of each lake prior to adopting lake water
quality standards for the lake. Study components and procedures
will be established after consultation with local officials and
affected organizations. The comprehensive study for Lake Sidney
Lanier, Lake Walter F. George, and West Point Lake shall be
initiated during 1990. At least three comprehensive studies for
remaining lakes shall be initiated in each subsequent year. The
duration of each study shall not exceed two years. A scientific
report on each comprehensive study shall be published within 180
days after the completion of the study. Draft recommendations for
numerical criteria for each of the water quality parameters will be
simultaneously published, taking into account the scientific
findings. A public notice of the draft recommendations, including a
copy of the recommendations, will be made available to the public.
Public notice in accordance with Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act," shall be provided for such
recommendations. The notice shall be made available at least 30 days
prior to board action in a regional public library or county
courthouse. The recommendation will be provided to persons
submitting a written request. A comment period of not less than 45
days nor more than 60 days will be provided. (h) The director or the director's designee shall conduct a public
hearing within the above-referenced comment period in the vicinity
of the lake before the final adoption of lake water quality
standards for the lake. The director shall announce the date, time,
place, and purpose of the public hearing at least 30 days prior to
the hearing. A ten-day period subsequent to the hearing will be
allowed for additional public comment. (i) The Department of Natural Resources will evaluate the comments
received during the comment period and during the public hearing and
will then develop recommended final standards and criteria for
submission to the Board of Natural Resources for consideration and
approval. (j) The final recommendations of the director for lake water quality
standards shall be made to the Board of Natural Resources within 60
days after the close of the comment period subsequent to the public
hearing provided for in subsection (h) of this Code section. The
standards, with such modifications as the board may determine, shall
be considered for adoption by the Board of Natural Resources within
60 days after receiving the recommendations from the director. Such
standards shall be published by the department and made available to
all interested local government officials and citizens of the area
served by the lake. (k) At the discretion of the director, comment periods and deadlines
set forth above may be extended, but in no circumstance shall more
than one year elapse between the completion of the lake study and
the adoption of the final recommendations. |