Title 12, Chapter 5, Section 23.2
( 12-5-23.2)
(a) Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from such person's water pollution control plants which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23. (b) Notwithstanding the provisions of subsection (a) of this Code
section, any person who has been issued a National Pollutant
Discharge Elimination System permit and who has entered into a
finalized consent order shall conform to the schedule adopted in
such order as such order appeared on April 25, 1996. Except as
provided in subsection (c) of this Code section, compliance with the
discharge limitation provided by this Code section shall not be
extended beyond July 4, 1996, and the order shall require that
person to make his or her best efforts to achieve compliance with
the discharge limitation by December 31, 1993. (c)(1) Notwithstanding the provisions of subsection (b) of this
Code section, any person who entered into a consent order as
provided in subsection (b) of this Code section but fails to
complete the required phosphorus reduction improvements by July 4,
1996, shall not later than such date submit to the division a
schedule stipulating annual construction milestones for the
completion of all improvements required to achieve a discharge
level of 0.64 milligrams of phosphorus per liter of water at each
of such person's individual waste-water plants by not later than
January 1, 2001; provided, however, that such person shall not
discharge waste water from such person's water pollution control
plants after February 1, 1997, which exceeds 0.64 milligrams of
phosphorus per liter of water. (2) If the director approves the schedule submitted pursuant to
paragraph (1) of this subsection, such person shall be bound by
that schedule. If the director does not approve said schedule by
August 1, 1996, the director shall not later than September 1,
1996, establish an alternative schedule with a final completion
date not later than January 1, 2001, and such person shall be
bound by the alternative schedule. (3) Any monetary penalties stipulated in any consent order regarding phosphorus effluent limitations executed by the director and another person prior to April 25, 1996, shall be the only monetary penalties required to be paid by such person as long as such person is in compliance with the construction milestones in the schedule approved or established by the director in paragraph (2) of this subsection; provided, however, that if such order is declared invalid by the courts, then the penalties for noncompliance with subsection (a) or (b) of this Code section shall be as provided for in Code Sections 12-5-51 through 12-5-53. (4) If such person fails to meet a construction milestone, he or
she shall pay a penalty in the amount of $25,000.00 per day until
that construction milestone is met. If a particular construction
milestone is not met for six months after the date specified, the
penalty shall be increased to $100,000.00 per day until that
construction milestone has been met. Failure to meet a
construction milestone shall not affect the date of any succeeding
construction milestones. (5) If the person fails to complete all required construction by January 1, 2001, he or she shall pay a civil penalty in the amount of $100,000.00 per day until construction is completed. After construction is completed, the suspension of the liabilities and penalties provided for in Code Sections 12-5-51 through 12-5-53 for noncompliance with the provisions of subsection (a) of this Code section shall be ended. (6) If in any month after July 1, 1996, and before December 31,
1998, a person discharges waste water from such person's water
pollution control plants containing more than 0.75 milligrams of
phosphorous per liter of water on a monthly average basis; or if
in any month after January 1, 1999, and before December 31, 2000,
a person discharges waste water from such person's water pollution
control plants containing more than 0.64 milligrams of phosphorous
per liter of water on a monthly average basis; or if in any month
after January 1, 2001, a person discharges waste water from any
individual water pollution control plant containing more than 0.64
milligrams of phosphorous per liter of water on a monthly average
basis, such person shall not permit any additional sewer
connections within such person's corporate limits until he or she
has been in compliance with such provisions for three consecutive
months. The provisions of this subsection shall apply without
regard to the provisions of paragraphs (1) through (5) of this
subsection and shall not be suspended or terminated; provided,
however, that nothing in this paragraph shall prohibit additional
sewer connections required for any project constructed by or in
partnership with a public housing authority, as long as the
additional connections for such project do not cause the total
quantity of sewage generated to exceed the total quantity of
sewage generated by that public housing authority's housing units
in existence on January 1, 1995. |