Rule 391-3-15-.01 - General Provisions(1)Purpose. These Rules and Regulations (Rules) are promulgated for the purpose of protecting and enhancing the quality of Georgia's environment and of protecting the public health, safety, and well-being of its citizens and of instituting and maintaining a comprehensive Statewide program for the management of regulated substances stored in underground tanks.(2)Authority(a) These Rules are issued under the authority of the Georgia Underground Storage Tank Act (GUSTA), Official Code of Georgia Annotated (O.C.G.A.) § 12-13-1et seq. (1988), as amended.(b) The Director of the Environmental Protection Division (Director) or his authorized representative or an authorized contractor or agent of the Department upon presentation of his credentials, shall have a right to enter upon, into or through premises of persons subject to GUSTA, or premises whereon a violation of GUSTA or these Rules is reasonably believed to be occurring or causing impact or is reasonably believed to be about to occur or cause impact. The Director or his authorized representative shall have the right to investigate, take samples, copy all records relating to underground storage tanks, and inspect in accordance with the following purposes: 1. to determine whether any person subject to the requirements of GUSTA is in compliance with these Rules;2. to investigate conditions relating to underground storage tanks (UST) or UST management practices where the Director is in possession of information sufficient to form a reasonable belief that a violation of GUSTA or these Rules is occurring or is about to occur; or3. to determine whether there has been a violation of any of the provisions of GUSTA or these Rules, or any permit or order issued pursuant to GUSTA and these Rules.(c) In the event any person does not consent to an inspection or investigation, the Director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation pursuant to O.C.G.A. § 12-13-8(b) and § 12-2-2(d).(d) EPD or its contractors may enter upon the property of the owner or operator, at such time and in such manner as deemed necessary, to effectuate the necessary corrective action to protect health and the environment.(e) The Director, an authorized employee of the Department, or an authorized contractor or agent of the Department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to GUSTA or premises whereon a release of a regulated substance in violation of GUSTA or the rules and regulations adopted pursuant to GUSTA is reasonably believed to be occurring or is reasonably believed to have previously occurred to investigate, take samples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under GUSTA or these Rules, or any permit or order issued pursuant to GUSTA or these Rules in order to determine whether such a current release or past release exists and to conduct appropriate corrective action for any release which may currently exist or may have existed.(3)Reference.(a) Any reference in these Rules to standards, procedures, and requirements of Title 40 of the Code of Federal Regulations (40 CFR) Part 280 shall constitute the full adoption by reference of the Part, Subpart, and Paragraph so referenced including any notes and appendices as may be associated, as amended through July 15, 2015, unless otherwise stated.(b) When used in any such provisions as may be adopted from 40 CFR Part 280 : implementing agency or state implementing agency shall mean Environmental Protection Division (EPD); and Regional Administrator or Director of the implementing agency shall mean Director of the Environmental Protection Division. Unless specifically indicated otherwise, any reference to implementation by, submissions to, or inspections, investigations or enforcement by the EPA in such Regulations as may be adopted by reference by these Rules shall be construed to mean EPD unless such interpretation would be inconsistent with the intent of the Georgia Underground Storage Tank Act (GUSTA).(c) Any reference in 40 CFR Part 280, or in any provisions adopted by reference from 40 CFR Part 280, to EPA forms or reports shall mean EPD forms and reports as may be provided by the Director.Ga. Comp. R. & Regs. R. 391-3-15-.01
O.C.G.A. § 12-13-1, et seq.
Original Rule entitled "General Provisions" adopted as ER. 391-3-15-0.14-.01. F. July 7, 1988; eff. July 1, 1988.Amended: Permanent Rule of same title adopted. F. Nov. 4, 1988; eff. Nov. 24, 1988.Amended: F. Jan. 29, 1990; eff. Feb. 18, 1990.Amended: F. Aug. 8, 1991; eff. Aug. 28, 1991.Amended: F. Dec. 17, 1992; eff. Jan. 6, 1993.Amended: F. Feb. 3, 1995; eff. Feb. 23, 1995.Amended: F. June 6, 1996; eff. June 26, 1996.Amended: F. Oct. 9, 2001; eff. Oct. 29, 2001.Amended: F. Oct. 17, 2017; eff. Nov. 6, 2017.