Imminent and substantial danger; remedies of director

Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-14 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section 12-12-17, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-14 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter. History. — Code 1981, § 12-12-15, enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1. 12-12-16. Civil penalty for violation; hearing and judicial review; disposition of penalties. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under 1165 12-12-16 CONSERVATION & NATURAL RES. 12-12-18 this chapter or has failed or refused to comply with any final order issued under this chapter, he or she may, upon written notice, require a hearing before an administrative law judge appointed by the board to determine whether applicable civil penalties should be imposed. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and judicial review shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury. History. — Code 1981, § 12-12-16, enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1. 12-12-17. Hearing and judicial review procedure.