Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-8-1 Solid waste
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Regional solid waste management authorities. Tax exemption, §12-8-51. Stone Mountain Memorial Association. Revenue bonds. Effect of issuance of bonds on obligation of state to tax or make appropriations, §12-3-209. Exemption of property, income, bonds, etc., from taxation and ass…
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. Editor’s notes. — Former Code Section 12-8-100, formerly part of Article 4, concerning the Georgia Hazardo…
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. § 12-8-105 Definitions, §12-8-102
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Director. Powers and duties, §12-8-104. Escrow account. Established, role and duties of director, §12-8-104.1. Investigation of property. Standards and policies considered, §12-8-108. Legislative declaration, §12-8-101.
O.C.G.A. § 12-8-107 Defined, §12-8-102
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Qualifying property. Criteria for, §12-8-105. Rulemaking, §12-8-103. Termination of enrollment in, §12-8-107. Title of act, §12-8-100.
O.C.G.A. § 12-8-108 Legislative declaration, §12-8-101
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Participants. Compliance status report, §12-8-107. Criteria for, §12-8-106. Termination of enrollment, §12-8-107. Plans. Approval. Effect, §12-8-107. Powers and duties of director, §12-8-104. Submission, §12-8-107.
O.C.G.A. § 12-8-120 Short title
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This article shall be known and may be cited as the ‘‘Southeast Interstate Low-Level Radioactive Waste Management Compact.’’ History. — Code 1981, § 12-8-120, enacted by Ga. L. 1982, p. 2389, § 1.
O.C.G.A. § 12-8-121 Compact enacted and entered into by State of Georgia
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The Southeast Interstate Low-Level Radioactive Waste Management Compact is enacted into law and entered into by the State of Georgia. History. — Code 1981, § 12-8-121, enacted by Ga. L. 1982, p. 2389, § 1. 12-8-122. Text of compact.
O.C.G.A. § 12-8-122 Text of compact
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The Compact is substantially as follows: ‘‘ARTICLE I. POLICY AND PURPOSE There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for availability of capaci…
O.C.G.A. § 12-8-140 Definitions
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As used in this article, the term: (1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Discharge’’ means leakage, seepage, or other release of hazardous materials on land or into a river, stream, lake, or othe…
O.C.G.A. § 12-8-141 Immunity for persons providing assistance or advice
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(a) Except as otherwise provided in this Code section, no person who upon request provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous 1008 12-8-142 materials or in preventing, or in attempting to prev…
O.C.G.A. § 12-8-142 Definitions, §12-8-140
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Report of person providing assistance, §12-8-142. Immunity for persons providing assistance or advice, §12-8-141. Municipal landfill owner or operator, notice to local authorities of release of potentially dangerous contaminant, §12-8-24.3. Oil or hazardous material spills or rele…
O.C.G.A. § 12-8-160 Legislative findings and declarations
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The General Assembly finds and declares that: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment; (2) Packaging comprises a significant percentage of the overall solid waste stream; (3) The presence of heavy metals …
O.C.G.A. § 12-8-161 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Distributor’’ means a person who takes title to products or packaging purchased for resale. (3) ‘‘Manufacturer’’ means a person who offers for sale or sells products or packaging to a dis…
O.C.G.A. § 12-8-162 Reserved
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Article 5 12-8-120. 12-8-121. T.12, C.8 WASTE MANAGEMENT Definitions. Establishment of division; appointment of director; voluntary activities of businesses and industries. Administrative responsibility of division; duty of division director; rules and regulations of board. Pollut…
O.C.G.A. § 12-8-163 Exempt packaging
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The following packaging and packaging components are exempt from the requirements of this article: (1) Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1994; (2) Packages or packaging components to which lead, cadmium, mercury, or he…
O.C.G.A. § 12-8-164 Certificates of compliance
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On and after July 1, 1994, each manufacturer or distributor of packaging or packaging components shall make available to purchasers, the board, and the general public, upon request, certificates of compliance which state that the manufacturer’s or distributor’s packaging or packag…
O.C.G.A. § 12-8-165 Rules and regulations
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The board shall be authorized to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary. History. — Code 1981, § 12-8-165, enacted by Ga. L. 1992, p. 2968, § 1. 12-8-166. Violation…
O.C.G.A. § 12-8-166 Violation of article
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Any person who violates any provision of this article shall be guilty of a misdemeanor. History. — Code 1981, § 12-8-166, enacted by Ga. L. 1992, p. 2968, § 1. ARTICLE 8 POLLUTION PREVENTION ASSISTANCE DIVISION
O.C.G.A. § 12-8-180 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Commissioner’’ means the commissioner of natural resources. (3) ‘‘Division’’ means the Pollution Prevention Assistance Division of the Department of Natural Resources. (4) ‘‘Division dire…
O.C.G.A. § 12-8-182 Biennial report, §12-8-186
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Hazardous waste generators and capacity assurance plan, §12-8-187. Hazardous waste management facility needs assessment, §12-8-188. Board of natural resources.
O.C.G.A. § 12-8-183 Pollution prevention assistance plan
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(a) Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by businesses and industries within the state in programs and activities designed to prevent the pollution of the environment by the products …
O.C.G.A. § 12-8-184 Definitions, §12-8-180
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NATURAL RESOURCES —Cont’d Pollution prevention assistance division —Cont’d Director. Appointment, §12-8-181. Defined, §12-8-180. Powers and duties, §12-8-182. Establishment, §12-8-181. Objectives of division. Pollution prevention assistance plan to establish, §12-8-183. Ownership …
O.C.G.A. § 12-8-185 Short title
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Compact enacted and entered into by State of Georgia. Text of compact. Appointment of members of Southeast Interstate Low-Level Radioactive Waste Management Commission and their alternates. 12-8-186. 12-8-187. 12-8-188. 12-8-189. Article 6 Mitigating Effect of Hazardous Materials…
O.C.G.A. § 12-8-186 Biennial report of division
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On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate a report of the division’s operations and activities pursuant to this article…
O.C.G.A. § 12-8-188 Board of natural resources
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Promulgation and adoption of rules and regulations, §12-8-182. Confidentiality of information provided by business or industry, §12-8-184. Definitions, §12-8-180.
O.C.G.A. § 12-8-2 GREENHOUSE GASES
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Carbon sequestration registry, §§12-6-220 to 12-6-232. GREENSPACE. Oconee river greenway authority, §§12-3-400 to 12-3-414. Outdoor stewardship act, §§12-6A-1 to 12-6A-12. GROTTOES. Cave protection act. Cave defined, §12-4-142. Generally, §§12-4-140 to 12-4-147. GROUND WATER, §§12…
O.C.G.A. § 12-8-20 Short title
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This part shall be known and may be cited as the ‘‘Georgia Comprehensive Solid Waste Management Act.’’ History. — Code 1981, § 12-8-20, enacted by Ga. L. 1990, p. 412, § 1.
O.C.G.A. § 12-8-200 Short title
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This article shall be known and may be cited as the ‘‘Georgia Brownfield Act.’’ History. — Code 1981, § 12-8-200, enacted by Ga. L. 2002, p. 927, § 6; Ga. L. 2014, p. 247, § 1/HB 957.
O.C.G.A. § 12-8-201 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 environment, to encourage the clean up, reuse, and redevelop…
O.C.G.A. § 12-8-202 Definitions
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(a) Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. (b) As used in this article, the term: (1) ‘‘Corrective action plan’’ means the corrective action plan required by Code Sec…
O.C.G.A. § 12-8-203 Rules and regulations
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(a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain qualifying properties. Such rules an…
O.C.G.A. § 12-8-204 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 article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of lia…
O.C.G.A. § 12-8-205 Criteria for property to qualify for limitation of liability
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In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property shall meet the following criteria: (1) The property shall have a preexisting release; (2) Any lien filed under subsection (e) of Code Section 12-8-96 or s…
O.C.G.A. § 12-8-206 Criteria for prospective purchasers to qualify for limitation of liability
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(a) To qualify for a limitation of liability as provided in Code Section 12-8-207, a prospective purchaser must meet the following criteria: (1) The prospective purchaser must not be a person who has contributed or who is contributing to a release at the qualifying property; (2) …
O.C.G.A. § 12-8-207 Limitation of expenses following approval of a corrective action plan
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(a)(1) Upon the director’s approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs …
O.C.G.A. § 12-8-208 Exceptions to limitation of liability
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(a) The limitation of liability provided by subsection (a) of Code Section 12-8-207 shall be contingent upon the prospective purchaser’s good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk red…
O.C.G.A. § 12-8-209 Initial compliance status report
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The initial compliance status report or a corrective action plan submitted for any qualifying property under Code Section 12-8-207 shall be deemed to be an application to participate in the program described in this article and shall be submitted in such form as may be 1026 12-8-…
O.C.G.A. § 12-8-21 Declaration of policy; legislative intent
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(a) It is declared to be the 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-wide p…
O.C.G.A. § 12-8-210 Purchasers after May 1, 2012
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Application of limitation of liability, §12-8-211. Redevelopment plan.
O.C.G.A. § 12-8-211 Application to identified purchasers
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The limitation of liability provided under this article shall also apply to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who subsequently obtains the director’s approval of a prospective purch…
O.C.G.A. § 12-8-22 Definitions
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As used in this article, the term: (1) ‘‘Affected county’’ means, in addition to the county in which a facility is or is proposed to be located, each county contiguous to the host county and each county and municipality within a county that has a written agreement with the facili…
O.C.G.A. § 12-8-23 Powers and duties of board
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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 part as the board may deem necessary to provide for the control and manageme…
O.C.G.A. § 12-8-23.1 Powers and duties of director
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(a) The director shall have and may exercise the following powers and duties: 832 12-8-23.1 WASTE MANAGEMENT 12-8-23.1 (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued …
O.C.G.A. § 12-8-24 Recycling
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Commissioner of administrative services. Review of purchases and purchasing specifications, practices and procedures, §12-8-35. Defined, §12-8-22. Lead acid vehicle batteries. Posting requirement, §12-8-28. Recycling market development council. Composition, §12-8-33. Establishment,…
O.C.G.A. § 12-8-24.1 Certification of municipal solid waste disposal facility operators
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(a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section. (b) After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operato…
O.C.G.A. § 12-8-24.2 Cost reimbursement fees, §12-8-39
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Defined, §12-8-22. Landfill owner or operator, notice to local authorities of release of potentially dangerous contaminant, §12-8-24.3. Record of amount of waste received, §12-8-31.1. National historic sites.