Title 44, Chapter 1, Section 14
( 44-1-14)
(a) As used in this Code section, the term "abandoned well or hole"
means any manmade opening upon the surface of the earth which is ten
feet or more in depth and which has not been used for a period of 60
days. The term does not include ditches; sand or gravel pits; stone,
marble, or slate quarries; clay pits; surface mines as defined in
Part 3 of Article 2 of Chapter 4 of Title 12, the "Georgia Surface
Mining Act of 1968"; or geologic boreholes as defined in Part 3 of
Article 3 of Chapter 5 of Title 12, the "Water Well Standards Act of
1985." (b) Whenever it is brought to the attention of any person that an
open abandoned well or hole, as defined in subsection (a) of this
Code section, exists on public or private property, such person
shall immediately inform the governing authority of the county in
which the hazard exists. The governing authority shall inform the
owner or possessor of the land upon which the hazard exists. The
governing authority of any such county is authorized to use county
work crews, private contractors, or any inmate labor within the
county to abate the hazard either by covering, filling, or
otherwise. When the hazard exists on private property, the governing
authority shall first obtain the permission of the owner or
possessor of the property before proceeding with any action in
regard to abating the hazard existing on the private property. Upon
approval by the owner or possessor of the private property, the
governing authority may use county work crews, private contractors,
or inmate labor; but in no case shall any work other than making the
hazard safe be done on private property. (c) If the abandoned well or hole is located on private property and
the owner or possessor of the property cannot be located or is not
known, the governing authority of the county may abate the hazard
without the prior approval of the owner or possessor. (d) The governing authority of the county is authorized to recover
the reasonable costs of filling or covering the abandoned well or
hole located on private property from the owner or possessor of said
property. (e) The governing authority of the county is authorized to expend
county funds to accomplish the purpose of this Code section. |