The Georgia Environmental Protection Division (the EPD) of the Department of Natural Resources (the DNR), working in conjunction with advisers consisting of planners and engineers from colleges and universities, private firms, and local governments, has adopted a manual that has been adopted as a law in many cities and counties in North Georgia, including Forsyth County and other North Georgia counties and cities within the Metropolitan North Georgia Water Planning Protection District. The manual is called "The Georgia Stormwater Manual," and it consists of two very large volumes.
According to Section 1.2 of the Georgia Stormwater Management Manual injuries and litigation are expected where there is a lack of maintenance of storm water systems in a community. As stated in Section 1.2, the "real social and economic impacts on Georgia's communities" from lack of responsibility include the following:
- Endangerment of Human Life from Floodwaters . . .;
- Property and Structural Damage Due to Flooding. . . ;
- Impairment of Drinking Water Supplies (Surface and Groundwater) . . . ;
- Increased Cost of Treating Drinking Water . . .;
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Loss of Recreational Opportunities on Streams, Lakes, Rivers and Ocean Beaches - Turbidity from sediment, odors, floating trash, toxic pollutants and microbial contamination from stormwater runoff all reduce the viability of waterbodies for recreational activities such as swimming, boating and fishing. In addition, the aesthetic loss along these waterways also reduces the experience for noncontact recreation such as picnicking, jogging, biking, camping and hunting.
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Declining Property Values of Waterfront Homes and Businesses - Stormwater pollution affects the appearance or quality of downstream waterbodies, influencing the desirability of working, living, traveling or owning property near the water.
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Increased Litigation - Increased legal action can result against local governments that have not adequately addressed stormwater runoff drainage and water quality problems.
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Reduction in Quality of Life - Stormwater quantity and quality impacts can reduce the overall quality of life in a community and make it a less desirable place to live, work or play.
Section 7.2.1 clearly states that persons who are responsible for storm water pipes, ditches and detention ponds must maintain them. The manual places all cities, governments, developers and homeowner associations on notice of the fact that they will ultimately face financial responsibility for maintaining detention ponds over time. The manual informs property owner associations and developers that they can expect future bills for implementing maintenance of detention ponds and that they should plan financially. (GSWM § 7.2.1.)
