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Drainage structure for airport taxiways may be constructed within fifty feet of trout stream.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1740579 , Decision Date: 2017-10-11 
Attachment: Click here to download the decision. 

The Paulding County Airport Authority (PCAA) did not require a buffer variance in order to obtain coverage under a National Pollutant Discharge Elimination System permit for the purpose of piping a trout stream because the pipe constituted a roadway drainage structure and was therefore exempt from the [..] Read More..

Operator of inert landfill did not have vested right to permit.

Topic: Environmental Law, Decided by Judge Malihi 
Docket Number: 1729095 , Decision Date: 2017-09-25 
Attachment: Click here to download the decision. 

Under amendments to the regulations of the Georgia Department of Natural Resources, Environmental Protections Division (“EPD”), owners and operators of inert landfills were required to either obtain a solid waste handling permit or a certification from a professional engineer stating that their facilities were in [..] Read More..

Judge ruled on value of conservation easement for tax credit purposes.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1635204 , Decision Date: 2017-07-11 
Attachment: Click here to download the decision. 

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence.  DNR based the amount of the tax credit on an appraisal completed by the State [..] Read More..

Permit for Sea Island’s groin project did not violate Shore Protection Act.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1630908 , Decision Date: 2016-08-26 
Attachment: Click here to download the decision. 

The Shore Protection Committee issued a permit to Sea Island Acquisition, LLC, for the construction and maintenance of a rock groin near the southern end of Sea Island in Glynn County.  The new groin would be accompanied by beach nourishment and dune construction.  Petitioners—consisting of [..] Read More..

Decision to issue land application system permit upheld.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1525822 , Decision Date: 2015-05-26 
Attachment: Click here to download the decision. 

The Georgia Department of Natural Resources issued a permit to the City of Guyton to construct a land application system (LAS), which applies treated wastewater to land via irrigation system. The Petitioner, an adjacent land owner, argued surface water and groundwater from the LAS site [..] Read More..

Emission Inspector Certificate revoked for violations of the Emissions Inspection and Maintenance Act.

Topic: Environmental Law, Decided by Judge Baxter 
Docket Number: 1542992 , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

Petitioner, a certified emission inspector, issued passing emission certificates to forty-four vehicles, despite never having tested the vehicles’ gas caps.  He also issued passing emission certificates to three vehicles that were never tested using a fraudulent practice called “clean scanning,” whereby a surrogate vehicle is [..] Read More..

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