Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-8-24.3 Notification of contaminant release from landfill
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The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any release from the site of such landfill of a contaminant which is likely to pose a danger to human health. In additio…
O.C.G.A. § 12-8-25 Sites in certain counties within one-half mile of adjoining county
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(a)(1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county having a population of more t…
O.C.G.A. § 12-8-25.1 Sites within 5,708 yards of national historic site
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In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geographic center of any of the three sites currently designated in Georgia as a National Historic Site; provided,…
O.C.G.A. § 12-8-25.3 Short title
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Declaration of policy; legislative intent. Definitions. Powers and duties of board. Powers and duties of director. Permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility; inspection of solid waste generators. Certification of mun…
O.C.G.A. § 12-8-26 Public meetings on site selection; notice; decision
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(a) Any county, municipality, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the proc…
O.C.G.A. § 12-8-27.2 Financial responsibility
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(a) No solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility or to carry out any corrective a…
O.C.G.A. § 12-8-28 Lead acid vehicle batteries
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(a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or…
O.C.G.A. § 12-8-29 Investigations by director; actions to enforce article
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The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part 858 12-8-30 as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part. History. …
O.C.G.A. § 12-8-29.1 State forestry commission
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Control of tree diseases and insect infestation, §12-6-22. Forest fires. Entry upon land for fire prevention purposes, etc., §12-6-84. Underground storage tank discharges, §12-13-18. Water pollution. Purposes of investigation and inspection, §12-5-26. Surface waters. Permits for wi…
O.C.G.A. § 12-8-29.2 Storm or sanitary sewers
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Dumping of certain wastes prohibited, §12-8-2. Submerged cultural resources.
O.C.G.A. § 12-8-30 Director’s order for corrective action
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Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the c…
O.C.G.A. § 12-8-30.1 Emergency orders
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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, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action b…
O.C.G.A. § 12-8-30.10 Local governmental bodies and state
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Powers not limited, §12-8-30.9. Product packaging. Exempt packaging, §12-8-163. Containers. Labeling rigid plastic containers or bottles. Coding specifications, §12-8-34. Product packaging, §§12-8-160 to 12-8-166. 1355 INDEX SOLID WASTE —Cont’d Contracts. Sale, lease or management…
O.C.G.A. § 12-8-30.2 Hearings and review of actions and orders
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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 part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. History. — Code 1981, § 12-8-30.2, enacte…
O.C.G.A. § 12-8-30.3 Judgment in accordance with director’s order
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The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in…
O.C.G.A. § 12-8-30.4 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 will constitute any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such perso…
O.C.G.A. § 12-8-30.5 Attorney General’s duties
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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 part. 861 12-8-30.5 CONSERVATION & NATURAL RES. 12-8-30.6 History. — Code 1981, § 12-8-30.5, enacted by Ga. L. 1990, p. 412, § 1.
O.C.G.A. § 12-8-30.6 Civil penalties for violations; procedures
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(a) Any person, provided that person is a public authority or a city or county government located within the boundaries of Georgia, violating any provision of this part or rules or regulations adopted pursuant to this part or intentionally or negligently failing or refusing to co…
O.C.G.A. § 12-8-30.7 Unlawful acts
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It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part. History. — Code 1981, § 12-8-30.7, enacted by Ga. L. 1990, p. 41…
O.C.G.A. § 12-8-30.8 Penalties for violations
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(a) Any person who: (1) Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically …
O.C.G.A. § 12-8-30.9 State solid waste management plan
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Contents, §12-8-31. Development, §12-8-31. Surcharge. Owners or operators of facilities to charge waste surcharge. Rate per ton, retention of percentage by owners or operators, §12-8-39. Taxation.
O.C.G.A. § 12-8-31 State solid waste management plan; reporting
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(a) By January 1, 1991, the division, jointly with the Department of Community Affairs and in cooperation with the Georgia Environmental Finance Authority and local government officials, shall develop a state solid waste management plan. (b) The state solid waste management plan …
O.C.G.A. § 12-8-31.1 National historic sites
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Permit issuance for sites within 5,708 yards, §12-8-25.1. Orders. Director’s order for corrective action, §12-8-30. Judgment in accordance with order, §12-8-30.3. Emergency orders, §12-8-30.1. Hearing and review, §12-8-30.2. Injunctive relief, §12-8-30.4. Penalties. Procedures fo…
O.C.G.A. § 12-8-32 Permits for regional solid waste disposal facilities
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(a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50 shall follow the mediation procedures developed by the Department of Community Affairs pursuant to …
O.C.G.A. § 12-8-33 Recycling Market Development Council
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(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows: (1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associati…
O.C.G.A. § 12-8-34 Labeling rigid plastic containers or bottles
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(a) On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section. (b) On and after January 1, 1991,…
O.C.G.A. § 12-8-36 State agency recycling and collection programs
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(a) The Georgia Building Authority is authorized to establish and coordinate a state-wide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency…
O.C.G.A. § 12-8-38 State powers
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Powers not limited by part provisions, §12-8-30.9. State solid waste management plan.
O.C.G.A. § 12-8-39 Taxation
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Enforcement of collection of taxes by city, county or authority, §12-8-39.3. Regional solid waste management authorities. Tax exemption, §12-8-51. Thermal treatment technology facilities. Permits, issuance to new facilities, §12-8-24. Tires, collection or transporting.
O.C.G.A. § 12-8-39.1 Program for reduction of municipal solid waste on per capita basis
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12-8-39.2. Reports of costs of solid waste management services [Repealed]. 12-8-39.3. Authorization to enforce collection of taxes, fees, or assessments.
O.C.G.A. § 12-8-39.2 Reports of costs of solid waste management services
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Reserved. Repealed by Ga. L. 2011, p. 312, § 2/SB 157, effective July 1, 2011. Editor’s notes. — This Code section was based on Code 1981, § 12-8-39.2, enacted by Ga. L. 1990, p. 412, § 1. 12-8-39.3. Authorization to enforce collection of taxes, fees, or assessments. (a) Any city…
O.C.G.A. § 12-8-39.3 Authorization to enforce collection of taxes, fees, or assessments
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12-8-40. Exemption for livestock-feeding facility. Sec. 12-8-40.1. (Effective until July 1, 2022.) Tire disposal restrictions; fees. 12-8-40.1. (Effective July 1, 2022.) Tire disposal restrictions; fees. 12-8-40.2. Yard trimmings disposal restrictions.
O.C.G.A. § 12-8-40 LOANS
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Outdoor stewardship act. Georgia outdoor stewardship trust fund. Grants or loans from fund, §12-6A-6. LOCAL GOVERNMENT. Central business districts, revitalization, §12-3-56. Drinking water. Fluoridation of public water systems. Compliance not required unless state provides fundin…
O.C.G.A. § 12-8-40.1 State forestry commission
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Director, §12-6-13. Timber harvesting. Advance notice of timber harvesting, bond requirements for persons subject to providing, §12-6-24. Water well contractors. Requirement of bond or letter of credit, §12-5-135. BONDS, SURETY —Cont’d Wood removal. Advance notice of timber harve…
O.C.G.A. § 12-8-40.2 Yard trimmings disposal restrictions
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(a) Each city, county, or solid waste management authority may impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction; provided, however, that under no circumstances shall yard trimmings be placed in or mixed with…
O.C.G.A. § 12-8-40.3 Disposal of shingles containing asphalt
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It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills. 905 12-8-40.3 CONSERVATION & NATURAL RES. History. — Code 1981, § 12-8-40.3, enacted by Ga. L. 1997, p. 928, § 2. Editor’s notes. …
O.C.G.A. § 12-8-41 Department to provide permits
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The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, sh…
O.C.G.A. § 12-8-50 Short title
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This part shall be known and may be cited as the ‘‘Regional Solid Waste Management Authorities Act.’’ 906 12-8-51 History. — Code 1981, § 12-8-50, enacted by Ga. L. 1990, p. 412, § 1. 12-8-51. Authority for enactment; nonprofit and public purposes of authorities; tax exemption; st…
O.C.G.A. § 12-8-51 Powers of authority, §12-8-56
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Previously activated authority. Resolutions or ordinances declaring functioning of. Not required, §12-8-59.2. State policy, §12-8-51. Tax exemption, §12-8-51. Unfair competition with private sector prohibited, §12-8-51. Regional solid waste plans. Contents, §12-8-31.1. Developmen…
O.C.G.A. § 12-8-52 Definitions
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As used in this part, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this part. (2) ‘‘Collection’’ means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place at whi…
O.C.G.A. § 12-8-53 Creation of authorities
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(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the ‘‘solid waste management authority’’ of such county or municipal 909 12-8-53 CONSERVATION & NATURAL RES. 12-8-54 corporation. No authority s…
O.C.G.A. § 12-8-54 Board of directors
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(a) Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a member of the authority. At least three of such directors shall be elected officials of the county or municipa…
O.C.G.A. § 12-8-55 Quorum; majority vote requirement
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A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors. History. — Code 1981, § …
O.C.G.A. § 12-8-56 Powers of authority
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Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporat…
O.C.G.A. § 12-8-57 Limitation on liability of members, officers, or employees of authority
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Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from: (1…
O.C.G.A. § 12-8-59 Issuance
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Limitations, §12-8-58. Procedures, §12-8-58. Construction of part provisions, §12-8-59.1. Creation, §12-8-53.
O.C.G.A. § 12-8-59.1 Creation, §12-8-53
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Definitions, §12-8-52. Enactment, §12-8-51. Enumeration of authority’s powers, §12-8-56. Establishment, §12-8-53.
O.C.G.A. § 12-8-59.2 Short title, §12-8-50
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REGISTER OF HISTORIC PLACES. Historic properties under jurisdiction of state agency, eligibility to be listed, §12-3-55. REPORTS. Air pollution. Ethylene oxide, spill or release. Reporting requirements, permit holders, §12-9-7. Altamaha river basin act. Department of natural reso…
O.C.G.A. § 12-8-60 Short title
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This part shall be known as and may be cited as the ‘‘Georgia Hazardous Waste Management Act.’’ History. — Ga. L. 1979, p. 1127, § 1; Ga. L. 1992, p. 2234, § 5.
O.C.G.A. § 12-8-61 Legislative policy
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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 environment, to institute and maintain a comprehensive state-wid…