October 21, 2004

Mr. Lawrence Hedges, Program Manager

NonPoint Source Program

Georgia Environmental Protection Division

4220 International Parkway

Atlanta Tradeport, Suite 101

Atlanta, Georgia 30354

Dear Mr. Hedges:

RE: General Permit for Stormwater Discharges Associated with Industrial Activities (“Industrial Permit”)

I am writing on behalf of the Georgia First Amendment Foundation. We are an organization that seeks to advance the cause of open government and monitors freedom of information issues throughout this state.

It has been brought to our attention that the EPD has circulated a draft model of a General Permit for Stormwater Discharges Associated with Industrial Activities (“Industrial Permit”). We understand that the proposed permit model does not comply with Georgia’s access laws because it fails to provide adequate public access to stormwater pollution prevention plans. Access provisions in an earlier draft were removed because of supposed terrorism concerns.

While the General Assembly did provide for protection of facilities’ security plans in SB 113 (codified now at O.C.G.A. § 50-18-72(a)(15) during the 2003 legislative session, we are concerned that the law might be applied improperly to prevent the public from accessing materials which are public record. SB 113, which added language to O.C.G.A. § 50-18-72, only exempts materials pertaining to security at a facility from disclosure under the Georgia’s Open Records Act. Use of this provision to protect public records from scrutiny by citizens would violate the Act and be contrary to the state’s public policy of open government.

Please explain why the proposed model permit would diverge from the general principles of openness mandated by Georgia’s open government statutes and caselaw. Thank you for your attention to this matter.

Sincerely,

Hollie Manheimer

Executive Director

Cc: GFAF Board