Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-13-1 Short title
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This chapter shall be known as and may be cited as the ‘‘Georgia Underground Storage Tank Act.’’ 1168 History. — Code 1981, § 12-13-1, enacted by Ga. L. 1988, p. 2072, § 1.
O.C.G.A. § 12-13-10 Environmental assurance fees; late participation fee
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(a) In order to participate in the liability limitations and reimbursement benefits of the Underground Storage Tank Trust Fund, a potential claimant shall pay to the division his or her share of an environmental assurance fee on each gallon of petroleum products imported into this…
O.C.G.A. § 12-13-12 Rulemaking authority, §12-13-5
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Sewage holding tanks. General provisions, §§12-15-1 to 12-15-8. Short title, §12-13-1.
O.C.G.A. § 12-13-13 Notification by owner of underground storage tank
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(a) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank shall notify the division, on forms provided by the division, within a reaso…
O.C.G.A. § 12-13-15 Injunctions and restraining orders
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Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations, or any order or permit conditions, he may make application to the superi…
O.C.G.A. § 12-13-16 Hearings and review
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All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provi…
O.C.G.A. § 12-13-17 Judgment in accordance with division’s order
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Any order of a hearing officer issued after a hearing as provided in Code Section 12-13-16 or any order of the director issued pursuant to Code Section 12-13-14, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to C…
O.C.G.A. § 12-13-18 Confidentiality of information
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Public access to records, §12-13-21. Construction of chapter. Exemptions, §12-13-4. Corrective action. Release of petroleum product into environment, §12-13-11. Release of regulated substance into environment, §12-13-14. Violations of chapter, rules, etc., §12-13-14. Declaration …
O.C.G.A. § 12-13-19 Violations; imposition of penalties
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(a) If a person fails to comply with an order under Code Section 12-13-14 within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000.00 for each day of continued noncompliance. (b) Any person who fails to notify or submits false informa…
O.C.G.A. § 12-13-2 Public policy
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(a) It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environments, to institute and maintain a comprehensive stat…
O.C.G.A. § 12-13-20 Emergency orders; hearing
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Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the di…
O.C.G.A. § 12-13-21 Public access to records
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(a) Any records, reports, or information obtained from any person pursuant to this chapter shall be available to the public, except that upon a showing satisfactory to the director by any person that such records, reports, or information or a particular part thereof to which the …
O.C.G.A. § 12-13-22 Water pollution
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Legal advisor, §12-5-49. Water wells. Legal services to council, §12-5-123. ATTORNEYS’ FEES. Hazardous site cleanup costs. Recovery of costs, §12-8-96.1. AUDITS. Georgia music hall of fame authority, §12-3-522. Jekyll Island-State Park Authority. Submitting records and statement …
O.C.G.A. § 12-13-3 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Natural Resources of the State of Georgia. (2) ‘‘Corrective action’’ means those activities required for response to and cleanup of releases of regulated substances from underground storage tanks, including, but …
O.C.G.A. § 12-13-4 Exceptions to chapter
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This chapter shall not apply to the following: (1) Any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) Any tank used for storing heating oil for consumptive use on the premises where stored; (3) Any septic tan…
O.C.G.A. § 12-13-5 Rules and regulations; enforcement powers
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In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this chapter as the board may deem necessary to provide for the management of re…
O.C.G.A. § 12-13-6 Powers and duties of director
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(a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this chapter and all rules, regulations, and orders issued under this chapter; (2) To encourage, participate in, or conduct…
O.C.G.A. § 12-13-7 Performance standards applicable until rules and regulations effective
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Until the effective date of rules and regulations adopted by the board pursuant to Code Section 12-13-5, no person may install an underground storage tank for the purpose of storing regulated substances unless such tank meets the performance standards established pursuant to the …
O.C.G.A. § 12-13-8 Investigations
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(a) The director, an authorized employee of the department, or an authorized contractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a vio…
O.C.G.A. § 12-13-9 COST EFFECTIVE
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Georgia youth conservation corps. Cost effectiveness analysis by director, §12-11-5. COUNCILS.