Title 2, Chapter 1, Section 4
( 2-1-4)
(a) Any irrigation system which is designed or used for the
application of fertilizer, pesticide, or chemicals must be equipped
with an anti-siphon device adequate to protect against contamination
of the water supply. Such anti-siphon device shall consist of a
check valve and low pressure drain in the irrigation supply line
located between the irrigation pump and the point of injection of
fertilizer, pesticide, or chemicals. Any system which complied with
the law in effect on January 1, 1982, shall be deemed to be in
compliance with the provisions of this subsection. (b) It shall be unlawful for any person to use any irrigation system
designed or used for the application of fertilizer, pesticide, or
chemicals, which system is not equipped as required by this Code
section. (c) The Commissioner shall make and publish such rules and
regulations as he deems necessary to carry out this Code section,
which rules and regulations are not inconsistent with this Code
section. Such rules and regulations may specify requirements to be
met by anti-siphon devices and the placement of such devices to
provide adequate protection. (d) The Commissioner, in order to enforce this Code section or any
orders, rules, and regulations promulgated pursuant thereto, may
issue an administrative order imposing a penalty not to exceed
$1,000.00 for each violation whenever the Commissioner, after a
hearing, determines that any person has violated any provision of
this Code section, or any regulation or order promulgated hereunder.
The hearing and any administrative review thereof shall be conducted
in accordance with the procedure for contested cases under Chapter
13 of Title 50, the "Georgia Administrative Procedure Act." Any
person who has exhausted all administrative remedies available and
who is aggrieved or adversely affected by a final order or action of
the Commissioner shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50. All penalties recovered
under this Code section shall be paid into the state treasury. The
Commissioner may file in the superior court 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, a certified copy of
a final order of the Commissioner unappealed from, or of a final
order of the Commissioner affirmed upon appeal, whereupon such court
shall render judgment in accordance therewith and notify the
parties. Such judgment shall have the same effect, and proceedings
in relation thereto shall thereafter be the same, as though such
judgment has been rendered in a suit duly heard and determined by
such court. The penalty prescribed in this Code section shall be
concurrent, alternative, and cumulative with any and all other
civil, criminal, or alternative rights, remedies, forfeitures, or
penalties provided, allowed, or available to the Commissioner with
respect to any violation of this Code section or any orders, rules,
or regulations promulgated pursuant thereto. |