Title 12, Chapter 5, Section 30.1
(a) As used in this Code section, the term:
(1) "Board" means the Board of Natural Resources.
(2) "Consistently exceeding an effluent limitation" means a POTW's
exceeding the POTW's assigned effluent limitation for at least
five days out of each seven-day period during a total period of
180 consecutive days.
(3) "Major spill" means the discharge of pollutants into the
waters of this state by a POTW at a rate substantially exceeding
the effluent limitation of the POTW, and such term shall be more
specifically defined by regulations of the board.
(4) "Monitoring" means the systematic measurement of chemical and
biological pollutants present in waters of this state which are
affected by a major spill or by consistently exceeding an effluent
(5) "Publicly Owned Treatment Works" or "POTW" means the city,
town, county, district, association, or other public body created
by or pursuant to state law or federal law that owns and operates
a treatment works and, where appropriate, shall include the
treatment works and any sewers or other appurtenances that convey
waste water to the treatment works.
(b) By not later than January 1, 1990, the board shall provide by
rules or regulations for the following:
(1) For immediate notification to the division of a major spill by
(2) For the POTW responsible for the major spill to cause to be
published in the legal organ of the county where the spill
occurred a notice of such spill, such notice to be published
within not more than seven days after the date of the spill;
(3) For the division to provide notice of the major spill within
24 hours thereafter to every county, municipality, or other public
agency whose public water supply is within a distance of 20 miles
downstream and to any others which could potentially be affected
by the spill.
(4) For independent monitoring of waters affected by a major spill
or by consistently exceeding an effluent limitation, with such
monitoring being at the expense of the POTW, for a period of at
least one year and for the results of such monitoring to be
regularly provided to all counties, municipalities, and other
public agencies using the affected waters as a source of public