Title 12, Chapter 5, Section 291
( 12-5-291)
(a) In order to enforce this part or any orders issued under this
part or any rules and regulations promulgated under this part, any
one or any combination of any or all of the following methods may be
employed: (1) Whenever any person not exempted from this part by Code Section 12-5-295 is altering the marshlands without a permit, altering the marshlands in violation of the terms and conditions of a permit, or violating this part in any other manner, the committee may, prior to any hearing, issue a cease and desist order or other appropriate order to such person; provided, however, that the issuance of such order shall not affect the availability of relief under paragraph (4) of this subsection. Any such order becomes final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than ten days after the issuance of such order. Review of such order shall be available as provided in subsection (b) of Code Section 12-5-283; (2) Whenever, after a hearing is held in accordance with Code Section 12-5-283 and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," at the request of the committee, for the imposition of civil penalties, the administrative law judge determines that any person has failed, neglected, or refused to comply with any provision of this part or any order of the committee or administrative law judge, the administrative law judge may issue an order imposing a civil penalty not to exceed $10,000.00 for such violation and an additional civil penalty not to exceed $10,000.00 for each day during which such violation continues. All penalties and interest recovered as provided in this Code section, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund; (3) The committee may file in the superior court in the county in
which the person under order resides or in the county in which the
violation occurred or, if the person is a corporation, in the
county in which the corporation maintains its principal place of
business a certified copy of the final order of the committee or
administrative law judge, unappealed from, or of a final order of
the administrative law judge affirmed upon appeal; whereupon the
court shall render judgment in accordance therewith and notify the
parties. Such judgment shall have the same effect, and all
proceedings in relation thereof shall thereafter be the same, as
though such judgment has been rendered in an action duly heard and
determined by the court; (4) Whenever the committee, either before or after a hearing,
determines that any person is or has been violating any of the
provisions of this part or any orders issued under this part or
any rules and regulations promulgated under this part, the
committee may file a petition for injunction in the proper
superior court of this state against such person for the purpose
of enjoining such actions or, if appropriate, may make application
for a writ of mandamus in the proper superior court of this state
against such person for the purpose of compelling the proper
performance of his official duty. It shall not be necessary for
the committee to allege or prove that it has no adequate remedy at
law; and
(5) The superior court, upon finding that any person is or has
been violating any of the provisions of this part or any orders
issued under this part or any rules and regulations promulgated
under this part, may order the person to restore, as nearly as
possible, all marshland to the condition existing prior to the
alteration of the marshland. (b) Owners of property with knowledge of unauthorized activities
occurring thereon are responsible under this part. |