Judge Rules Against Georgia in Tri-State Water Wars

U.S. District Judge Paul Magnuson issued his long-awaited decision in the 18-year Georgia-Alabama-Florida water war ruling that Georgia can no longer withdraw water from Lake Lanier.  The decision finds that Georgia’s current withdrawal of water for Atlanta’s water resource violates the intended purpose of Lake Lanier – hydropower and flood control.  The ruling invalidates a 2003 settlement agreement that allocated 25% of Lake Lanier for Atlanta’s drinking water.   Judge Magnuson allows the three states three years to reach an agreement or congressional action.   Hereis a pdf of the Judge’s ruling.

Creative Loafing outlines local and regional reaction

Georgia’s entire congressional delegation will meet Tuesday.

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Attorney General Exempts State Agencies From Municipal Storm Water Regulations

Georgia Attorney General Thurbert Baker, who is running for Governor in 2010, issued an opinion that state agencies – particularly the Department of Transportation – do not have to comply with city and county storm water runn-off regulations.

Here is a copy of the Attorney General’s opinion.

The opinion troubles environmentalists and led the Athens Banner-Herald to call for some limits on the state.

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Possible Vote On Sembler Project

DeKalb County Development Department will meet June 18 to discuss and possibly vote on Sembler’s request for a 100 percent waiver of property taxes for the next 20 years on most of the acreage of the 54-acre development known as “Town Brookhaven.”

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DeKalb County Cuts Development Department

DeKalb County laid off 60 Development Department employees due to budget shortfalls.  The Department is left with 45 employees.

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Cobb County Approves Development Incentives

Cobb County recently approved a six month incentive program to spur residential and commercial construction and reduce its inventory of vacant lot.  From now until December 31, any builder can defer payment of all permit fees, including sewer tap fees and inspection fees, until the issuance of a certificate of occupancy on the home or building.  Land disturbance permits and permits for additions are not included in the deferral program. 

You can learn more about the program here.

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Statewide Voluntary Remediation Program Act

On June 1, the new Georgia Voluntary Remediation Program Act, O.C.G.A. § 12-8-100, et seq., became effective.  The Act establishes a Voluntary Remediation Program (VRP) intended to encourage “voluntary, timely and cost-effective” investigation and remediation of properties impacted by the release of hazardous substances. 

 Unlike the Georgia Hazardous Site Response Act (HSRA), which requires cleanup of soil and groundwater contamination to established levels, VRP adopts a risk-based approach under which cleanup standards are determined on a site-specific basis taking into account factors such as potential exposure and groundwater impacts.

You can find the Act here.

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Roswell Chickens Can Stay

Roswell Municipal Court Judge Maurice Hilliard invalidates the City ban on backyard chickens for being “too vague and ambiguous for enforcement.”  Andrew Wordes a/k/a The Chicken Outlaw can keep his pet chickens on Alpine Drive.

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DeKalb County Pulls Plug on Military School

AJC reports that DeKalb County pulled the plug on the proposed military school simply stating that the plan was “not feasible”.

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DeKalb County Defers Decisions On Suing Dunwoody And Changes to Liquor Ordinance

The DeKalb County Commissioners again deferred a decision on whether it will sue Dunwoody.  It was the eighth time in eight months that the Commissioners delayed making a decision about the lawsuit.

“I feel this is a positive step,” [Commissioner Elaine Boyer] said of the ongoing negotiations. “We have asked to continue mediation with the city of Dunwoody.”

The County and Dunwoody are in current negotiations over the transfer of county-owned property, including the multi-million-dollar Brook Run Park facility on North Peachtree Road.

The County also deferred a decision on changes to its liquor license proposed by Commissioner Kathie Gannon that would allow restaurants in mixed-use developments to serve alcohol despite their proximity to schools or churches.

The Commissioners will tackle both again next month.

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Aerotropolis Atlanta

Jacoby Development Inc., the developer that turned an old steel mill into Atlantic Station — a live-work-play mini-city in Midtown — recently completed the initial demolition and site remediation of the 128-acre site of old Ford Motor Company plant in Hapeville along I-75.  By fall, the development will enter Phase I – construction of light industrial and parking.

The $1.5 billion development will be called Aerotropolis Atlanta because of its close proximity to Hartsfield-Jackson International Airport.  The 10-year development proposes office space, hotels, retail, restaurants, a light industrial business park and a 4,000-space airport parking facility.

More than 90 million passengers passed through Hartsfield last year, the world’s busiest airport. Aerotropolis Atlanta will be “a direct connection” to the international terminal under construction, Condra said. The terminal will be located just across Loop Road from the Jacoby property. Plans call for shuttle service to be offered on Loop Road, so travelers can eat and shop during layovers.

“I really think the reason this project is doing well when others aren’t is our proximity to the airport,” he said. “The location is a big, big selling point.”

Hapeville Mayor Alan Hallman says while the economy might slow the completion date, the project is moving ahead.

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