Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-9-1 Short title
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This article shall be known and may be cited as ‘‘The Georgia Air Quality Act.’’ History. — Code 1933, 88-901, enacted by Ga. L. 1967, p. 581, § 1; Ga. L. 1978, p. 275, § 2; Ga. L. 1992, p. 918, § 3; Ga. L. 1992, p. 2886, § 1.
O.C.G.A. § 12-9-10 Permit related fees; costs of public notice
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(a) The owner or operator of any stationary source shall pay to the division as a condition of any permit required under this article or under Ga. L. 1967, p. 581, as amended, an annual fee, or its equivalent over some other period, sufficient to cover: (1) The reasonable cost of…
O.C.G.A. § 12-9-11 Inspections and investigations
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For the purpose of (1) determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article, or (2) investigating conditions relating to air pollution or possible air pollution, where the dir…
O.C.G.A. § 12-9-12 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 an unlawful action under this article, he may make application to the superior court of the county in which the unlawful act or pra…
O.C.G.A. § 12-9-13 Proceedings for enforcement
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Whenever the director has reason to believe that a violation of any provisions of this article or rule or regulation of the Board of Natural Resources or any order of the director has occurred, he may issue such orders and take such actions as are authorized by this article to re…
O.C.G.A. § 12-9-15 Hearing; judicial review
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(a)(1) Any person who is aggrieved or adversely affected by any order or action of the director pursuant to this article shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge…
O.C.G.A. § 12-9-16 Hearings and review
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Any order of a hearing officer issued after a hearing as provided in Code Section 12-9-15 or 12-9-22, or any order of the director issued under Code Section 12-9-13, 12-9-20, or 12-9-22, either: (1) Unappealed from, as provided in those Code sections; or (2) Affirmed or modified p…
O.C.G.A. § 12-9-17 Legal assistance by Attorney General
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It shall be the duty of the Attorney General to represent the director or designate some member of his staff to represent the director in all actions in connection with this article. History. — Ga. L. 1978, p. 275, § 19; Ga. L. 1992, p. 918, § 2; Ga. L. 1992, p. 2886, § 1.
O.C.G.A. § 12-9-18 Powers of Governor as to air quality control generally
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Notwithstanding any other provision of this article relating to the authority, power, and responsibility of the Board of Natural Resources, department, division, or director, the Governor is authorized to designate air quality regions within the state as provided in 42 U.S.C. Sec…
O.C.G.A. § 12-9-19 Ground water
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Right of entry. Protection of confidential information, §12-5-98. Hazardous waste management. Access to confidential information by federal officers, etc., §12-8-78. Protection of confidential information, §12-8-78. Pollution prevention assistance division. Information provided by b…
O.C.G.A. § 12-9-2 Declaration of public policy
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It is declared to be the public policy of the State of Georgia to preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to attain and maintain ambient air quality standards so as to safeguard the public heal…
O.C.G.A. § 12-9-20 Costs of public notice, §12-9-10
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Disciplinary actions against permittees, §12-9-7. Ethylene oxide, spill or release. Reporting requirements, §12-9-7. Fees, §12-9-10. Issuance, §12-9-7. Notice requirements, §12-9-9. Reissuance, §12-9-8. Renewal, §12-9-8. Revision, §12-9-8. Short title. Air quality act, §12-9-1. S…
O.C.G.A. § 12-9-22 Noncompliance penalties
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(a) The following sources shall be subject to noncompliance penalties under the conditions specified in this Code section: (1) Any major stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or compliance schedule und…
O.C.G.A. § 12-9-23 Civil penalties; procedures for imposing penalties
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(a) Any person violating any provision of this article or rules or regulations promulgated pursuant to this article or any permit condi1064 12-9-23 tion or limitation established pursuant to this article, or failing or refusing to comply with any final order of the director issued…
O.C.G.A. § 12-9-24 Criminal penalties; evidence; affirmative defenses
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(a) Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article or knowingly intr…
O.C.G.A. § 12-9-25 Short title
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Declaration of public policy. Definitions. Designation of division as agency to administer article. Powers and duties of Board of Natural Resources as to air quality generally. Powers and duties of director as to air quality generally. Permit required; report of spill or release o…
O.C.G.A. § 12-9-3 Definitions
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(a) As used in this article, the term: (1) ‘‘Administrator’’ means the administrator of the United States Environmental Protection Agency. (2) ‘‘Air-cleaning device’’ means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharg…
O.C.G.A. § 12-9-4 Designation of division as agency to administer article
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The division is designated as the state agency to administer this article consistent with the policy stated in Code Section 12-9-2. History. — Code 1981, § 12-9-4, enacted by Ga. L. 1992, p. 918, § 2; Ga. L. 1992, p. 2886, § 1. 1035 12-9-4 CONSERVATION & NATURAL RES. 12-9-5
O.C.G.A. § 12-9-40 MOTOR VEHICLES
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Antique, hobby or special interest vehicle. Emission testing exemption, §12-9-45. Batteries. Lead acid vehicle batteries. Disposal and recycling, §12-8-28. Collector’s items. Emission testing exemption, §12-9-45. Criminal offenses. Emission inspection and maintenance. Prohibited …
O.C.G.A. § 12-9-41 Legislative findings
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With respect to the ambient air quality in this state, the General Assembly finds that: 1071 12-9-41 CONSERVATION & NATURAL RES. 12-9-41 (1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQ…
O.C.G.A. § 12-9-42 Declaration of public policy
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It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone or carbon monoxide or both are in excess of the NAAQS, as design…
O.C.G.A. § 12-9-43 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Certificate of authorization’’ means a certificate issued by the Department of Natural Resources to each establishment or location designated as an official emission inspection station. (3)…
O.C.G.A. § 12-9-44 Uniformity and scope of application of article
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This article shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonatta…
O.C.G.A. § 12-9-45 Certificate of emission inspection
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(a) In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2…
O.C.G.A. § 12-9-47 Certificate of emission inspection
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Defined, §12-9-43. Duration, §§12-9-45, 12-9-48. Exemptions, §12-9-45. Extension of time for repairs, §12-9-48. Improper reuse, §12-9-51.
O.C.G.A. § 12-9-48 North Georgia Mountains Authority
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Preliminary master plan or amendment to plan, §12-3-294.1. Oil and gas deep drilling. Drilling permits, notice of application, §12-4-46. Oil or hazardous material spills or releases, §12-14-3. Parks and recreation. Change in services at parks, historic sites or recreational areas…
O.C.G.A. § 12-9-49 Application to conduct emission inspections; certificate of authorization
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(a) Any garage or other establishment which desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director and shall contain such informati…
O.C.G.A. § 12-9-51 Solid waste
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Dumping of certain wastes in storm or sanitary sewers. Forfeiture of involved vehicles, §12-8-2. Lead acid vehicle batteries, §12-8-28.
O.C.G.A. § 12-9-52 Transferability, §12-9-49
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Defined, §12-9-43. Emission inspection sticker. Defined, §12-9-43. Display on vehicle, §12-9-48. Replacement stickers, §12-9-48. Exemptions, §12-9-45. Identification of vehicles producing excessive exhaust emissions. Repair and reinspection, §12-9-47. 1323 INDEX MOTOR VEHICLES —Cont…
O.C.G.A. § 12-9-53 Review of director’s decision
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Review of a decision of the director under this article shall be in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Code 1981, § 12-9-53, enacted by Ga. L. 1992, p. 918, § 2; Ga. L. 1998, p. 1524, § 3. 12-9-54. Sale of vehicle.
O.C.G.A. § 12-9-54 Sale of vehicle
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No person shall sell any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Code Section 12-9-45, unless there appears on such vehicle an unexpired valid…
O.C.G.A. § 12-9-56 Rules and regulations
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When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law. History. — Code 1981, § 12-9-56, enacted by Ga. L. 1992, p. 918, § 2.
O.C.G.A. § 12-9-57 Number of members, §12-2-21
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Oath of office, §12-2-22. Officers, §12-2-23. Oil and gas deep drilling. General provisions, §§12-4-40 to 12-4-54. Oil or hazardous material spills or releases. General provisions, §§12-14-1 to 12-14-4. Pollution prevention assistance division. Promulgation and adoption of rules …
O.C.G.A. § 12-9-6 Powers and duties of director as to air quality generally
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(a) The director shall represent the public interest and shall not derive a significant portion of his income from persons subject to rules, 1039 12-9-6 CONSERVATION & NATURAL RES. 12-9-6 regulations, permits, or orders under this article. Any potential conflict of interest shall b…
O.C.G.A. § 12-9-7 EXPORTS
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Indian objects, §12-3-622. F EVIDENCE. Air pollution. Circumstantial evidence. Violations placing another in imminent danger of death or serious bodily injury, §12-9-24. Circumstantial evidence. Air pollution violations. Placing another in imminent danger of death or serious bodi…
O.C.G.A. § 12-9-70 Study and review of gasoline additives
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(a) As used in this Code section, the term ‘‘MTBE’’ means methyl tertiary butyl ether. (b) The director of the Environmental Protection Division of the department is authorized and urged to study and review the use of gasoline additives in this state and to develop rules and regu…
O.C.G.A. § 12-9-8 Renewal or revision of permit
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(a) Upon proper application, the director may renew, revise, modify, amend, or reissue a permit for an additional term. (b) If an application for permit renewal has not been denied or a renewal permit issued by the date the current permit expires or if issuance or denial of the p…