§ 12-5-452 - Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions
               	 		
O.C.G.A.    12-5-452   (2010)
   12-5-452.    Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions 
      (a)  If  a governing authority determines that any person is violating any  provision of this part, any rule or regulation adopted pursuant to this  part, or the terms and conditions of any certificate issued under this  part, the appropriate governing authority shall employ any one or any  combination of any or all of the following enforcement methods:
      (1)  The  appropriate governing authority may issue a cease and desist order  specifying the provision of this part or the rule or the term or  condition of a certificate violated and requiring the person so ordered  to cease and desist from such activity and to take corrective action  within a reasonable period of time as prescribed in the order. Such  corrective action may include, but shall not be limited to, requiring  that the affected portion of the stream corridor be returned to its  condition prior to the violation insofar as practical. Any such order  shall become final unless the person named therein requests in writing a  hearing before the governing authority no later than 30 days after the  issuance of such order. On the basis of such hearing, the governing  authority shall be authorized to continue such order in effect, to  revoke the order, or to modify it;
      (2)  Whenever  the appropriate governing authority finds that an emergency exists  requiring immediate action to protect the watercourse and the public  interest, the governing authority may issue an emergency cease and  desist order, effective immediately, reciting the existence of such an  emergency and requiring that such action be taken as it deems necessary  to meet the emergency. Any person against whom such order is directed  shall comply therewith immediately but, on application to the governing  authority, shall be afforded a hearing within five business days. On the  basis of such hearing the governing authority shall be authorized to  continue such order in effect, to revoke the order, or to modify it;
      (3)  The appropriate governing authority may seek injunctive relief pursuant to subsection (b) of this Code section; or
      (4)  The  governing authority shall be authorized to delegate to a responsible  official thereof the authority to issue the orders set forth in this  subsection.
(b)  Any land-disturbing  activity in violation of this part, any rule or regulation adopted  pursuant to this part, or any certificate issued pursuant to this part  shall be a public nuisance; and the creation and maintenance thereof may  be enjoined and abated upon an action being filed by the commission,  any political subdivision affected, the director, or any person.
(c)  Any  person who violates this part or any rule or regulation adopted  pursuant to this part, any certificate issued pursuant to this part, or  any final cease and desist order or emergency order issued pursuant to  this part may be fined a civil penalty not to exceed $1,000.00 for each  acre or part thereof on which such violation occurs. Each day on which  such violation exists is a separate offense.
(d)  The  superior court having jurisdiction over an action brought pursuant to  this Code section shall have the authority to require that the land  within the stream corridor be restored to its original condition prior  to the unauthorized land-disturbing activity, if possible and if  environmentally appropriate. If such restoration is ordered by the court  and not carried out within the time limits set forth in a final court  order, the governing authority shall be authorized to carry out total or  partial restoration within the stream corridor, and the person or  persons responsible for the unauthorized land-disturbing activities  shall be liable for the amount expended upon restoration. Such amount  shall be recoverable by the governing authority in an action against  such person or persons.