Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-8-62 Definitions
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As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources of the State of Georgia. (2) ‘‘Designated hazardous waste’’ means any solid waste identified as such in regulations promulgated by the board. The board may identify as ‘‘designated hazardous waste’’…
O.C.G.A. § 12-8-64 Powers and duties of board as to hazardous waste
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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 article as the board may deem necessary to provide for the control and mana…
O.C.G.A. § 12-8-65 Powers and duties of director as to hazardous waste
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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 article and all rules and regulations, orders, or permits promulgated or issued under this article; (2) To encourage, …
O.C.G.A. § 12-8-65.1 Out-of-state generators
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Plans and reports for storing, treating or disposing of hazardous waste in state, §12-8-65.3. Performance goals, §12-8-65.1. Prior reporting requirements. Duplication not required, §12-8-65.4. Public inspection, §12-8-65.2. Reporting requirements generally. Duplication of prior r…
O.C.G.A. § 12-8-65.2 Hazardous waste trust fund
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Establishment, §12-8-68. Injunctive relief, §§12-8-72, 12-8-75. Imminent and substantial endangerment to environment or to public health, §12-8-75. Landfills. Municipal landfill owner or operator, notice to local authorities of release of potentially dangerous contaminant, §12-8-24…
O.C.G.A. § 12-8-65.4 Duplication of prior reporting requirements not required
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Nothing contained in Code Sections 12-8-65.1 through 12-8-65.3 or Code Section 12-8-66 shall require a duplication of reporting requirements under this article as it existed prior to July 1, 1990. History. — Code 1981, § 12-8-65.4, enacted by Ga. L. 1990, p. 1427, § 2; Ga. L. 199…
O.C.G.A. § 12-8-67 Hazardous waste in transit to be accompanied by manifest
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No hazardous waste shall be transported across, within, or through this state unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all hazardous waste f…
O.C.G.A. § 12-8-69 Variances
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(a) Unless variances are prohibited by the federal act or the standards, rules, and regulations promulgated thereunder, the director may grant variances from the requirements of this article or the rules and regulations effective under this article whenever the director finds that…
O.C.G.A. § 12-8-70 Inspections and investigations
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(a) The director or the director’s authorized representative, upon presentation of his credentials, shall have a right to enter upon, to, or through premises of persons subject to this article, or premises whereon a violation of the article or rules and regulations is reasonably …
O.C.G.A. § 12-8-71 Proceedings for enforcement
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(a) Whenever the director has reason to believe that a violation of any provision of this part, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation,…
O.C.G.A. § 12-8-72 Application for injunctive relief
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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 article, the rules and regulations, or any order or permit conditions, he may apply to the superior court of…
O.C.G.A. § 12-8-73 Hearings on contested matters; judicial review
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All hearings on and the review of contested matters, orders, or permits and all hearings on and the review of any other enforcement actions or orders under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and revie…
O.C.G.A. § 12-8-74 Judgment in accordance with final orders
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Any order of the hearing officer issued after a hearing as provided in Code Section 12-8-73 or any order of the director issued pursuant to Code Section 12-8-71 or 12-8-96, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pu…
O.C.G.A. § 12-8-75 Emergency situations involving air pollution, § 12-9-14
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Governor’s power to postpone or extend qualifying periods for election during state of emergency, § 21-2-50.1. Power of Governor to appoint special policemen for protection of property, T. 35, C. 9. Further provisions regarding emergency powers of Governor, §§ 38-2-6, 38-3-22, 38…
O.C.G.A. § 12-8-76 Legal assistance by Attorney General
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It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this article. History. — Ga. L. 1979, p. 1127, § 22; Ga. L. 1992, p. 2234, § 5.
O.C.G.A. § 12-8-77 Declaration of public policy
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Georgia hazardous site response act, §12-8-91. Georgia hazardous waste management act, §12-8-61. Definitions. Discharge of hazardous materials, §12-8-140. 1300 INDEX HAZARDOUS MATERIALS AND WASTE —Cont’d Definitions —Cont’d Georgia hazardous site response act, §12-8-92. Georgia haz…
O.C.G.A. § 12-8-78 Releases
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Hazardous site response act, §§12-8-90 to 12-8-97. Mitigating effect, §§12-8-140 to 12-8-142. Oil or hazardous material spills or releases, §§12-14-1 to 12-14-4. Remediation. Voluntary remediation program, §§12-8-100 to 12-8-108. Reporting requirements. Discharge of hazardous mat…
O.C.G.A. § 12-8-80 Applicability of article
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Reserved. Repealed by Ga. L. 1992, p. 2234, § 5, effective July 1, 1992. Editor’s notes. — This Code section was based on Ga. L. 1979, p. 1127, § 3. 12-8-81. Civil penalties; procedures for imposing penalties.
O.C.G.A. § 12-8-81 Civil penalties; procedures for imposing penalties
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(a) Any person violating any provision of this article, the rules or regulations effective under this article, or any permit condition or limitation established pursuant to this article or any person negligently or intentionally failing or refusing to comply with any final or emer…
O.C.G.A. § 12-8-82 Criminal penalty
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(a) Any person who: (1) Knowingly transports or causes to be transported any hazardous waste as defined in this article to a facility which does not have a permit or interim status pursuant to Code Section 12-8-66, which does not have a variance pursuant to Code Section 12-8-69, o…
O.C.G.A. § 12-8-83 Short title, §12-8-60
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HEARINGS —Cont’d Drinking water —Cont’d Order by director after failure of conference, conciliation, etc., §12-5-185. Procedure for imposing penalties, §12-5-192. Environmental protection division decisions. Persons aggrieved by, §12-2-2. Flint river drought protection act. Minim…
O.C.G.A. § 12-8-90 Short title
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This part shall be known and may be cited as the ‘‘Georgia Hazardous Site Response Act.’’ History. — Code 1981, § 12-8-90, enacted by Ga. L. 1992, p. 2234, § 5.
O.C.G.A. § 12-8-91 CLERKS OF COURT
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Compensation. Parks and recreational areas. Reports regarding disposition of civil actions, §12-3-11. COAL-BURNING SOURCES. Air pollution. Noncompliance penalties, §12-9-22. COASTAL MANAGEMENT, §§12-5-320 to 12-5-328. Board of natural resources. Definition of board, §12-5-322. Rul…
O.C.G.A. § 12-8-92 Definitions
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Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term: (1) ‘‘Corrective action contractor’’ means any person contracting with the division to perform any activities author…
O.C.G.A. § 12-8-93 Powers and duties of board
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(a) In the performance of its duties, and in addition to the powers set forth in Code Section 12-8-64, the board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem n…
O.C.G.A. § 12-8-94 Corrective action contractors
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Defined, §12-8-92. Limitation of liability, §12-8-96.2. Definitions, §12-8-92. Fees, §12-8-95.1. Legislative intent, §12-8-91. Liability for cleanup costs, §12-8-96.1. Notice requirements, §12-8-96. Powers and duties. Board, §12-8-93. Trust fund, §12-8-95. Director, §12-8-94. Trust…
O.C.G.A. § 12-8-95 History
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— Code 1981, § 12-8-91, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 2002, p. 927, § 2; Ga. L. 2021, p. 761, § 6/HB 511. Delayed effective date. — Code Section 12-8-91 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022,…
O.C.G.A. § 12-8-95.1 Oconee river greenway authority
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Rentals and other charges for use of project, §12-3-409. Oil and gas deep drilling. Drilling permits, §12-4-46. Parks and recreation. Discount fees for certified disabled veterans, §12-3-9.1. Phosphate mining licensees, §12-4-101. Solid waste.
O.C.G.A. § 12-8-96 Powers of directors as to, §12-8-94
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Waiver of fees, §12-8-95.1. Hazardous waste facilities. Defined, §12-8-62. Inspections, §12-8-70. Investigations, §12-8-70. Permits for construction, operation, etc., §12-8-66. Hazardous waste reduction plans, §§12-8-65.1 to 12-8-65.4. Biennial progress reports, §12-8-65.1. 1301 I…
O.C.G.A. § 12-8-96.1 Jekyll Island-state park authority
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Venue and jurisdiction for actions, §12-3-275. Metropolitan North Georgia water planning district. Landscape irrigation systems. Contest of “rain sensor shut-off switch” installation, §12-5-6. Oconee river greenway authority. Jurisdiction, §12-3-411. Sapelo Island Heritage author…
O.C.G.A. § 12-8-96.2 Limitation of liability of corrective action contractors
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(a) No corrective action contractor engaged in activities associated with the cleanup of environmental hazards created by others shall be liable for any damages arising from the release of a hazardous waste, hazardous constituent, or hazardous substance resulting from such activi…
O.C.G.A. § 12-8-96.3 Title of act
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Georgia hazardous site response act, §12-8-90. Georgia hazardous waste management act, §12-8-60. Transport. Defined, §12-8-62. Manifest requirement, §12-8-67. Underground storage tanks, §§12-13-1 to 12-13-22. Variances, §12-8-69. Voluntary remediation program, §§12-8-100 to 12-8-1…
O.C.G.A. § 12-8-97 Hazardous site inventory
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(a) Beginning on July 1, 1994, the division shall compile and update as necessary an inventory of all known or suspected sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in quantities deemed reportable by rules or reg…