Water pollution in Georgia is one of the most important areas of environmental law, regulating the protection of water resources from harmful impacts. Georgia's freshwater resources, rivers, and the Black Sea aquatorium are protected by law. Water pollution implies the discharge of substances, waste, or microorganisms into water that degrade water quality, threaten human health, or endanger aquatic wildlife. Such action can be caused by industrial activities, sewage malfunction, oil spills, or agricultural chemical runoff. Legislation provides for strict sanctions against polluters, ranging from substantial monetary fines to criminal liability. Within the scope of this service, legal assistance is needed by factories, construction companies, hotels, and individuals who are accused of water pollution.
What the Water Pollution Service Covers
Environmental lawyers and experts offer full legal support in cases related to water pollution:
- Administrative Disputes: Appealing fines imposed by the Department of Environmental Supervision (e.g., discharge of fecal masses, exceeding wastewater norms).
- Criminal Defense: Defense under relevant articles of the Criminal Code of Georgia (e.g., Article 292), when pollution caused significant damage, mass destruction of fish, or human disease.
- Environmental Permits: Consultations on obtaining permits for wastewater discharge and documentation related to Environmental Impact Assessment (EIA).
- Damage Compensation Disputes: Legal and expert assessment of the amount of environmental damage claimed by the state, with the aim of reducing it.
- Preventive Consultations: Auditing businesses for compliance with environmental regulations to avoid future violations.
Common Real-World Scenarios
Accusations of water pollution are often related to the following situations:
- Sewage Discharge into a River: A hotel or enterprise does not have a treatment plant, and fecal waters flow directly into the river. Laboratory analyses show a high concentration of harmful substances.
- Dumping Construction Waste: A construction company dumped inert material (soil, concrete) into a riverbed, causing water turbidity and changing the riverbed.
- Oil Spills: Fuel or oil leaked from a gas station or enterprise into groundwater or a nearby canal.
- Pollution by Fish Farms: Water flowing out of a fish farm contains a large amount of organic waste, which pollutes the river downstream.
Georgian Legislation and Regulations
The main regulatory act is the Law on Water, which establishes the principles of water resource protection. Criminal liability is provided for by Article 292 of the Criminal Code (Water Pollution). Administrative fines are outlined in the Administrative Offences Code (Article 58 and others). Also applicable are technical regulations "On Rules for Protection of Surface Waters from Pollution" and "On Calculation of Maximum Permissible Discharge (MPD) Norms of Wastewater." Damage is calculated using a special methodology that considers the type and quantity of the pollutant.
Process: What to Expect
The process begins with the Environmental Inspection taking water samples. If laboratory analysis shows that norms are exceeded, a protocol is drawn up and damage is calculated. At this stage, the lawyer checks the procedural correctness of sampling (whether sterility was maintained, the protocol, etc.). Often, violation of sampling rules becomes grounds for canceling the fine. In criminal cases, the lawyer works with experts to prove that the specific action did not cause an ecological catastrophe or severe consequences, allowing the case to be reclassified as an administrative violation.
Why Legal.ge?
Water pollution cases require not only legal but also technical and ecological knowledge. Legal.ge connects you with specialists who have experience in environmental disputes and can effectively protect your business from heavy financial sanctions. Find your partner on Legal.ge.
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