Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES
Rule 391-3-23-.04 - Permit Issuance

Universal Citation: GA Rules and Regs r 391-3-23-.04

Current through Rules and Regulations filed through September 23, 2024

(1) This permit shall be issued on the basis of a determination by the Director that the location and construction of the proposed pipeline, which is the subject of the application, is consistent with and not an undue hazard to the environment and natural resources of Georgia. This determination shall be made after consideration of:

(a) The information required to be contained in the petroleum pipeline company's application;

(b) The direct environmental impacts of the proposed new petroleum pipeline or the proposed extension;

(c) Alternative alignments to the proposed new petroleum pipeline or the proposed extension;

(d) Evidence that ample opportunity has been afforded for public comment;

(e) Such other factors that the director deems reasonable and applicable.

(2) The applicant shall bear the burden of proof to demonstrate that the director should issue the permit.

(3) The director's decision shall be based on the record before the director, which shall include, but not be limited to, the applicant's submissions, written comments submitted to the director, and research the director may conduct in analyzing the application.

(4) Within seven days of the receipt of an application the Director has determined to be complete and filed, the Director shall provide for reasonable public notice of the application and the proposed route. The public notice of the application also shall make provisions for a public hearing on the application for the permit. The hearing shall be within sixty days of the date of the public notice of the application. Any interested person may submit written comments on the proposed pipeline prior to the date of the public hearing.

(5) The Director may request reasonable additional application information from the pipeline company in order to make the determination to issue a permit. If possible, any such request shall be within 45 days of the receipt of the application.

(6) In the event a permit application, which the Director has determined to be complete and filed, is not approved or denied within 150 days of the date of the publication of the public notice of the application as provided in O.C.G.A. 12-17-6(b), the application shall be deemed approved by operation of law and the permit deemed issued. The permit application information shall be provided to the Division in a timely manner so that the Director may have up to 150 days to assess the environmental effects report; to assess other information deemed relevant by the Director; to hold hearings; and to issue or deny the permit.

O.C.G.A. § 12-17-1, et seq., as amended.

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