Rule 391-3-8-.05. Application for a Permit

1. (1) No Person shall operate or construct a dam as defined by the Act and these Rules without first having obtained a permit from the Division; provided, however, any persons who is operating a dam may continue such operation pending final action by the Director on the permit application, and provided such application has been filed with the Director within 180 days after that permit is required by the Director.
2. (2) Permit applications shall be on forms as may be prescribed and furnished by the Division.
3. (3) The Director may require the submission of plans, specifications, and other information as he deems relevant to the application.

4. (4) If a permit application for the construction of a dam is not approved by the Director, the application shall be returned to the applicant along with the reasons for its disapproval.

   Such applicants may reapply for said permit by correcting deficiencies in the application and resubmitting the application to the Director.

5. (5) Permits shall not be transferred from one person to another without the approval of the Director. If the ownership changes from one person to another, the new owner shall immediately notify the Director in writing of such transactions. The Director shall also be notified of any proposed change in the operation of the dam.
6. (6) Permits shall not be transferred from one dam to another dam.

Authority: O.C.G.A. §§ 12-5-370 through 12-5-385.

History. Original Rule entitled "Revocation, Suspension or Modification of Permits" was filed as Emergency Rule 391-3-8-0.5-.05 on August 28, 1978, effective July 28, 1978, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency.

Amended: Permanent Rule of the same title adopted superseding Emergency Rule 391-3-8-0.5-.05. Filed August 31, 1978; effective September 20, 1978.

Amended: Rule renumbered as Rule 391-3-8-.06 and Rule 391-3-8-.04 entitled "Application for a Permit" amended and adopted as Rule 391-3-8-.05. Filed October 29, 1985; effective November 18, 1985.

Amended: F. Aug. 31, 1990; eff. Sept. 20, 1990.

Amended: F. Oct. 5, 1998; eff. Oct. 25, 1998.

Amended: Title changed from "Application for a Permit. Amended" (as recorded in the Official Compilation, eff. Nov. 18, 1985) to "Application for a Permit." F. Sep. 13, 2016; eff. Oct. 3, 2016.