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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

44 sections·Filtered byTitle 12✕Ch 9✕

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. § 12-9-14 Powers of director in situations involving imminent and substantial danger to public health

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Notwithstanding any other provision of this article, the director, upon receipt of evidence that a source or facility or combination of sources or facilities is presenting imminent and substantial danger to the health of persons, may bring an action as provided in Code Section 12…

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 Protection of conﬁdential information obtained by division

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Information relating to secret processes, devices, or methods of manufacture or production obtained by the division in the administration of this article shall be kept conﬁdential; provided, however, reports on the nature and amounts of stationary source emissions obtained by the…

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 Continuation in effect of rules, regulations, and permits

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(a) To the extent that they are consistent with the provisions of this article, all rules and regulations issued by the department before July 1, 1992, shall continue in full force and effect. (b) Any permit issued by the department pursuant to this article before July 1, 1992, s…

O.C.G.A. § 12-9-21 Effect of article on powers of Board of Natural Resources, department, division, and director

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Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order: (1) With respect to air conditions e…

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 tion or limitation established pursuant to this article, or failing or refusing to comply with any ﬁnal order of the director issued as prov…

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 Small business stationary source technical and environmental compliance program; manager; advisory panel

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(a) In addition to any other powers which the board may have, the board shall have the authority to establish rules, regulations, standards, policies, and procedures for the implementation of a small business stationary source technical and environmental compliance program, provi…

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.

O.C.G.A. § 12-9-5 Powers and duties of Board of Natural Resources as to air quality generally

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(a) Any hearing officer appointed by the Board of Natural Resources, and all members of ﬁve-member committees of the Board of Natural Resources, shall, and at least a majority of members of the entire Board of Natural Resources shall, represent the public interest and shall not d…

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, regulations, permits, or orders under this article. Any potential conﬂict of interest shall be adequately disclosed. (b) The director shall …

O.C.G.A. § 12-9-7 Permit required; report of spill or release of ethylene oxide; application; issuance; revocation, suspension, or amendment

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(a)(1) As used in this subsection, the term ‘‘spill or release’’ shall have the same meaning as set forth in paragraph (10) of Code Section 12-14-1. (2) No person shall, and it shall be unlawful and a violation of this article to, construct, install, modify, own, or operate any f…

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…

O.C.G.A. § 12-9-9 Notice requirements for permit applications and actions regarding permits

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(a) Upon receipt of a completed application for issuance of a Title V permit or a Title V permit modiﬁcation, amendment, or renewal and as otherwise provided by rule or regulation, the director shall: (1) Require a public notice to be published in a paper of general circulation i…

O.C.G.A. § 12-9-40 Short title

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This article shall be known and may be cited as the ‘‘Georgia Motor Vehicle Emission Inspection and Maintenance Act.’’ History. — Code 1981, § 12-9-40, enacted by Ga. L. 1992, p. 918, § 2.

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: (1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants speciﬁed by the United Sta…

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. § 12-9-46 Powers and duties of board; designation of commissioner or director as board’s agent; power and duties of director

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(a) The board shall have the following powers and duties under this article: (1) To adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly …

O.C.G.A. § 12-9-47 Further powers and duties of board; designation of department personnel as board’s agents

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(a) The board shall have and may exercise the following powers and duties under this article: (1) To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient number, at such loc…

O.C.G.A. § 12-9-48 Requirement of certiﬁcate of emission inspection; standards for issuance; inspectors, equipment, and procedures; notice of violation of emission standards; reinspection after repairs; time extension;

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(a) Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certiﬁcate of emission inspection once during any inspection term from an emission inspection station holding a valid certiﬁcate of authorization from the department. A certiﬁc…

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. § 12-9-50 Authority to inspect, monitor, or investigate inspection stations

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Any duly appointed agent of the director, including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent’s…

O.C.G.A. § 12-9-51 Emission inspection required for motor vehicle registration; operation without registration; improper reuse

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(a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof of a valid certiﬁc…

O.C.G.A. § 12-9-52 Amendment, modiﬁcation, revocation, or suspension of certiﬁcate of authorization

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The director may amend, modify, revoke, or suspend any certiﬁcate of authorization issued to an emission inspection station or any license issued to a mechanic inspector for cause, including but not limited to: (1) Violating the provisions of this article concerning the inspectio…

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.

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. § 12-9-55 Prohibited acts; registration of vehicle by county without proof of inspection; penalty; withholding of funding

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(a)(1) No person shall in any manner represent any place or establishment as an official emission inspection station unless such station has been issued a valid certiﬁcate of authorization by the department. (2) No person shall issue a certiﬁcate of emission inspection for any re…

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 Effect of federal Clean Air Act requirements; repeal of article

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This article shall remain of force and effect only so long as the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient …

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…