Section 12-4-73. Powers and duties of division as to surface mining generally; division may decline to assert jurisdiction

   (a) The division shall have the following powers and duties:

   (1) To administer and enforce this part and all reasonable rules and regulations promulgated under this part to issue such orders as may be necessary to enforce compliance therewith;

   (2) To examine and pass upon permit applications of operators;

   (3) To examine and pass upon surface mining land use plans submitted by operators;

   (4) To make investigations and inspections;

   (5) To revoke permits, deny renewals, and forfeit bonds or cash of mine operators who refuse to carry out their plans of mining land use;

   (6) To collect information on surface mining and mining land use plans;

   (7) To collect, publish in print or electronically, and distribute information on mining land uses;

   (8) To accept moneys that are available from government units and private organizations;

   (9) To conduct research studies of mining land uses;

   (10) To carry out land use projects on land where bonds or cash have been forfeited, using funds available for such purposes;

   (11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the division in carrying out this part; and

   (12) To exercise all incidental powers necessary to carry out the purposes of this part.

(b) The powers and duties described in this Code section may be exercised and performed by the division through such duly authorized agents and employees as it deems necessary and proper.

(c) The division may decline to assert jurisdiction under this part over any class or category of mines where, in the opinion of the division, the effect of the operations of such mines is not sufficiently substantial to warrant the exercise of jurisdiction under this part.

Ga. L. 1968, p. 9, § 5; Ga. L. 1971, p. 200, § 3; Ga. L. 1972, p. 1015, §§ 1509, 1534; Ga. L. 1972, p. 1266, § 1; Ga. L. 1976, p. 527, §§ 1, 2; Ga. L. 1992, p. 1098, § 2; Ga. L. 1996, p. 6, § 12; Ga. L. 2010, p. 838, § 10/SB 388.