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Georgia Statutes, Title 12

Georgia/Statutes

← All Georgia coverage

Title 12

18 chapters · 1,092 sections in this title.

All chapters in Title 121,092 Ch 5, WATER RESOURCES286 Ch 3, PARKS, HISTORIC AREAS, MEMORIALS, AN…279 Ch 8, WASTE MANAGEMENT150 Ch 6, FOREST RESOURCES AND OTHER PLANT LIFE124 Ch 4, MINERAL RESOURCES AND CAVES50 Ch 9, PREVENTION AND CONTROL OF AIR POLLUTION44 Ch 7, CONTROL OF SOIL EROSION AND SEDIMENT…22 Ch 13, UNDERGROUND STORAGE TANKS22 Ch 12, ASBESTOS SAFETY21 Ch 10, INTERSTATE COMPACTS17 Ch 2, DEPARTMENT OF NATURAL RESOURCES16 Ch 15, SEWAGE HOLDING TANKS AND COMMERCIAL …13 Ch 16, ENVIRONMENTAL POLICY AND REGULATIONS13 Ch 6A, OUTDOOR STEWARDSHIP12

150 sections·Filtered byTitle 12✕Ch 8✕

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. History. — Code 1981, § 12-8-40.3, enacted by Ga. L. 1997, p. 928, § 2.
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.’’ History. — Code 1981, § 12-8-50, enacted by Ga. L. 1990, p. 412, § 1.

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O.C.G.A. § 12-8-51 Authority for enactment; nonproﬁt and public purposes of authorities; tax exemption; state policy; unfair competition with private sector prohibited

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(a) This part is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this part is created for nonproﬁt and public purposes; and it is found, determined, and declared that the creation of each such authority and t…

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 corporation. No authority shall transact any business or exercise any power…

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. § 12-8-58 Bonds or other obligations; limitations and procedures for issuance

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(a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain…

O.C.G.A. § 12-8-59 Bonds or other obligations not indebtedness of state or political subdivision

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No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner consti…

O.C.G.A. § 12-8-59.1 Liberal construction of part; bonds not subject to other state law; other authorities

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(a) This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the ‘‘Georgia Uniform Securities Act of 2008,’’ or any other law. (b) A municipal corporation, a co…

O.C.G.A. § 12-8-59.2 Resolutions or ordinances declaring functioning of previously activated authority unnecessary

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(a) As used in this Code section, the term ‘‘project’’ shall mean any interest of the authority in a project as otherwise deﬁned in this part. (b) The governing body of any unit of local government which has authorized the functioning of an authority pursuant to Code Section 12-8…

O.C.G.A. § 12-8-100 Short title

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This part shall be known and may be cited as the ‘‘Georgia Voluntary Remediation Program Act.’’ History. — Code 1981, § 12-8-100, enacted by Ga. L. 2009, p. 714, § 1/HB 248.

O.C.G.A. § 12-8-101 Policy declaration

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(a) It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exp…

O.C.G.A. § 12-8-102 Deﬁnitions

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(a) Unless otherwise provided in this part, the deﬁnition of all terms included in Code Sections 12-8-62, 12-8-92, and 12-8-202 shall be applicable to this part. (b) As used in this part, the term: (1) ‘‘Cleanup standards’’ means those rules and regulations adopted by the board p…

O.C.G.A. § 12-8-103 Rules and regulations

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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 necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to …

O.C.G.A. § 12-8-104 Powers and duties of director

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(a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualiﬁes and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with…

O.C.G.A. § 12-8-104.1 Voluntary Remediation Escrow Account established; role and duties of director

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(a) There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section …

O.C.G.A. § 12-8-105 Criteria for property remediation program

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qualifying for voluntary In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria: (1) The property must be listed on the inventory under Part 2 of this article or be a property which meets…

O.C.G.A. § 12-8-106 Criteria for participants in voluntary remediation program

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A participant in the voluntary remediation program must meet the following criteria: (1) Be the property owner of the voluntary remediation property or have express permission to enter another’s property to perform corrective action including, to the extent applicable, implementi…

O.C.G.A. § 12-8-107 Submission of voluntary investigation and remediation plan; enrollment; proof of assurance; termination; compliance status

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(a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary investigation and remediation plan prepared by a registered professional engineer or a registered professional geologi…

O.C.G.A. § 12-8-108 Standards and policies considered in investigation of voluntary remediation property

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At the participant’s option, any or all of the following standards and policies may be considered and used in connection with the investigation and remediation of a voluntary remediation property under this part: (1) Site delineation concentration criteria. Satisfactory evidence …

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…

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. § 12-8-63 Administration of article by division; enforcement of article by director

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The division shall be the state agency to administer this article. The director shall be the official charged with the primary responsibility for the enforcement of this article. In exercising any authority or power granted by this article and in fulﬁlling his duties under this a…

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 Hazardous waste reduction plans; speciﬁc performance goals; biennial progress reports; rules and regulations

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(a) By not later than March 1, 1992, large quantity hazardous waste generators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include: (1) A written policy articulating upper management and corporate support for …

O.C.G.A. § 12-8-65.2 Updating plans and reports; technical assistance; information available to public

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(a) All large quantity hazardous waste generators shall complete and submit to the director a hazardous waste reduction plan on or before March 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The ﬁrst updated biennial report shall be due …

O.C.G.A. § 12-8-65.3 Plans and reports by out-of-state generators storing, treating, or disposing of hazardous waste in state

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(a) For the purposes of this Code section, ‘‘out-of-state generator’’ means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia. (b) As a condition of allowing any out-of-state generator to store, treat, or dispose of…

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. § 12-8-66 Permits for construction, installation, operation, or alteration of hazardous waste facilities

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(a) No person shall, and it shall be unlawful and a violation of this part to, construct, install, operate, or substantially alter a hazardous waste facility without ﬁrst obtaining and possessing a hazardous waste facility permit from the director. An application for a permit sha…

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. § 12-8-68 Requirement of ﬁnancial responsibility for persons operating or maintaining hazardous waste storage, treatment, or disposal facility; hazardous waste facility trust fund

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(a) No hazardous waste storage, treatment, or disposal facility shall be operated or maintained by any person unless adequate ﬁnancial responsibility, by bonding or other methods approved by the director, has been demonstrated to the director to ensure the satisfactory maintenanc…

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 Powers of director in situations involving imminent and substantial endangerment to environment or to public health

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Notwithstanding any provision of this article to the contrary, the director, upon receipt of evidence that the past or present handling, storage, treatment, transportation, or disposal of any solid waste or hazardous waste is presenting or may present imminent and substantial end…

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 Contracts to provide solid waste handling, reclamation, or recycling services

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(a) Any provision of law to the contrary notwithstanding, in order to comply with this article, with the federal act, or with applicable state and federal rules, regulations, or guidelines, or in order to be eligible for grants-in-aid and other allotments, the State of Georgia, t…

O.C.G.A. § 12-8-79 Effect of other laws on permits issued under article and rules and regulations

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Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a…

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…