Title 12, Chapter 5, Section 549
( 12-5-549)
(a) Except as may otherwise be provided in Code Section 12-5-547, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order. (b) Except as may otherwise be provided in Code Section 12-5-547, any order issued by the director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons. (c) Except as may otherwise be provided in Code Section 12-5-547, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. (d) The director may file in the superior court of the county
wherein the person under order resides, or if the person is a
corporation, in the county wherein the corporation maintains its
principal place of business, or in the county wherein the violation
occurred or in which jurisdiction is appropriate, a certified copy
of a final order of the director unappealed from or a final order of
the director 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
thereto shall thereafter be the same, as though the judgment had
been rendered in an action duly heard and determined by such court. (e) For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547 shall be prima facie established upon a showing that: (1) During the effective period of the agreement or order, the
irrigation system was observed in person or via remote sensing or
otherwise established by representatives of the division or others
to have been operating and disbursing water; or (2) During the effective period of the agreement or order, a seal,
lock, or other device placed by the division on the system to
prevent operation of the system has been broken or otherwise
tampered with. |