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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

1,092 sections·Filtered byTitle 12✕

O.C.G.A. § 12-4-22 Authorization for Governor to make payments from surplus or contingent funds
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The Governor is authorized to make the payments provided for in this part from the surplus or the contingent funds, or both, of the state. History. — Ga. L. 1958, p. 265, § 3.
O.C.G.A. § 12-4-40 Short title
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This part shall be known and may be cited as the ‘‘Oil and Gas and Deep Drilling Act of 1975.’’ History. — Ga. L. 1975, p. 966, § 2; Ga. L. 2018, p. 953, § 1/HB 205.
O.C.G.A. § 12-4-41 Legislative ﬁndings and declaration of policy
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The General Assembly ﬁnds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any stratum which c…
O.C.G.A. § 12-4-42 Deﬁnitions
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As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (1.1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Drilling’’ means the boring of a hole in the earth by remote mechanical…

Showing 301–350 of 1,092

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O.C.G.A. § 12-4-43 Powers of board as to deep drilling

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For the purpose of this part: (1) The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction; (2) The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for …

O.C.G.A. § 12-4-44 Authority to adopt and promulgate rules and regulations

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(a) The board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under this part. Such rules and regulations shall include, but shall not be limited to, rules and regulations for the following …

O.C.G.A. § 12-4-45 Powers of board as to establishment of drilling and operation units; applicability of state antitrust laws to private agreements approved by board

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(a) In regard to the establishment of drilling units and operation units, the allocation of production, the integration of separately owned tracts of land, and agreements in the interest of conservation, the board, in addition to the jurisdiction, authority, or powers granted els…

O.C.G.A. § 12-4-46 Drilling permits

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(a) Before any well covered by this part, other than wells for the production of fresh water, may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $500.00 fo…

O.C.G.A. § 12-4-47 Bonds or undertaking by persons conducting drilling operations

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(a) Prior to the issuance of a permit to drill any well covered by this part, the owner, operator, contractor, driller, or other person responsible for the conduct of the drilling operation shall furnish the state a bond or undertaking in the form prescribed by the board and in a…

O.C.G.A. § 12-4-48 Actions by director to enforce part; civil penalties; effect of Code section on cause of action by royalty owners, lienholders, or other claimants

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(a) Whenever the director has reason to believe that any person is violating the provisions of this part or any rule or regulation adopted pursuant to this part, the director may issue an administrative order to that person. The order shall specify the provisions of this part all…

O.C.G.A. § 12-4-49 Applicability of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act

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In the administration and enforcement of this part, all hearings before an administrative law judge shall be subject to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ Any party to said hearings (including the director) shall have the right of judicial revie…

O.C.G.A. § 12-4-50 Obedience to subpoena required; self-incrimination not a defense; use of evidence in criminal prosecutions

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In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or…

O.C.G.A. § 12-4-51 Effect of part on other laws

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Any provision of Part 2 of Article 3 of Chapter 5 of this title which is inconsistent with this part shall not be repealed by this part and shall govern over this part. History. — Ga. L. 1975, p. 966, § 5; Ga. L. 1984, p. 398, § 9; Ga. L. 1989, p. 14, § 12; Ga. L. 2018, p. 953, §…

O.C.G.A. § 12-4-52 Effect of part on authority and functions of other state officers and agencies

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This part shall not be construed as limiting the authority or functions of any officer or agency of this state under any other law or regulation not inconsistent with this part. History. — Ga. L. 1975, p. 966, § 14; Ga. L. 2018, p. 953, § 1/HB 205.

O.C.G.A. § 12-4-52.1 Local authority

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This part shall not be construed as limiting the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of activities deﬁned herein for the purposes of protecting natural resources or human health and welfare. History. — Code 1…

O.C.G.A. § 12-4-53 Prohibited acts

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The following activities are prohibited: (1) The waste of oil or gas as deﬁned in this part; (2) The sale, purchase, or acquisition or the transportation, reﬁning, processing, or handling of illegal minerals or illegal products; (3) The sale, purchase, or acquisition or the trans…

O.C.G.A. § 12-4-54 Levying of severance tax

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(a) As used in this Code section, the term ‘‘extractor’’ means any person removing oil or gas from the ground pursuant to this part. (b)(1) A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows: (A) Three cents per barrel o…

O.C.G.A. § 12-4-70 Short title

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This part shall be known and may be cited as the ‘‘Georgia Surface Mining Act of 1968.’’ History. — Ga. L. 1968, p. 9, § 1.

O.C.G.A. § 12-4-71 Legislative purpose; duty of Environmental Protection Division to administer part

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(a) The purposes of this part are: (1) To assist in achieving and maintaining an efficient and productive mining industry and to assist in increasing economic and other beneﬁts attributable to mining; (2) To advance the protection of ﬁsh and wildlife and the protection and restor…

O.C.G.A. § 12-4-72 Deﬁnitions

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As used in this part, the term: (1) ‘‘Affected land’’ means the area of land which has been subjected to surface mining, or upon which overburden has been deposited, or both; provided, however, ‘‘affected land’’ shall not be construed to include land upon which overburden is depo…

O.C.G.A. § 12-4-73 Powers and duties of division as to surface mining generally; division may decline to assert jurisdiction

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(a) The division shall have the following powers and duties: (1) To administer and enforce this part and all reasonable rules and regulations promulgated under this part to issue such orders as may be necessary to enforce compliance therewith; (2) To examine and pass upon permit …

O.C.G.A. § 12-4-74 Promulgation of rules and regulations by Board of Natural Resources

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The Board of Natural Resources shall promulgate such rules and regulations as may be necessary to effectuate this part in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Ga. L. 1968, p. 9, § 9.

O.C.G.A. § 12-4-75 Permits for surface mining operations; submission of mining land use plan and amendment to plan; bonding of applicants

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Operators of surface mining ﬁrms shall be required: (1) To obtain from the director of the division a permit to conduct surface mining operations in the speciﬁed area to be mined prior to commencing the operation of same, provided that where a change in ownership of a mining oper…

O.C.G.A. § 12-4-76 Substitution of mined areas

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An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the division. History. — Ga. L. 1968, p. 9, § 7.

O.C.G.A. § 12-4-77 Renewal or replacement of revoked permit; mining on unauthorized site

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An operator whose permit has been revoked pursuant to this part shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the director of the division of his ability and intent to comply fully with this part w…

O.C.G.A. § 12-4-78 Appeal to superior court

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Any person who is a party to a proceeding and who is aggrieved or adversely affected by any ﬁnal order or action of the division shall have the right to appeal to the superior court of the county of the residence of such party. Such appeal shall be by petition which shall be ﬁled…

O.C.G.A. § 12-4-79 Injunctive relief

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Whenever it shall appear to the division that any person, ﬁrm, or corporation or any agent, officer, or director of any person, ﬁrm, or corporation has violated any of the provisions of this part, the division, on its own motion or on the veriﬁed complaint in writing of any perso…

O.C.G.A. § 12-4-80 Removal of minerals, ores, and other solid matter as prima-facie evidence of surface mining

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In any contested case under this part, whether administrative, civil, or criminal in nature, a showing of the removal of minerals, ores, and other solid matter from the premises in question shall constitute prima-facie evidence of surface mining. History. — Ga. L. 1972, p. 996, §…

O.C.G.A. § 12-4-81 Judgment pursuant to order

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The director of the division may ﬁle in the superior court of the county wherein the mining operator under order resides, or if such mining operator is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the vio…

O.C.G.A. § 12-4-82 Applicability of part

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This part shall not apply to surface mining activities of the Department of Transportation incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. The provisions of this Code section shall also extend to any person, ﬁrm, or corpor…

O.C.G.A. § 12-4-83 Civil penalty; procedure for imposing penalties; hearing; judicial review; disposition of recovered penalties

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(a) Except as provided in subsection (c) of this Code section, any mining operator violating any provision of this part or any of the rules and regulations promulgated pursuant to this part, or who negligently or intentionally fails or refuses to comply with any ﬁnal order of the…

O.C.G.A. § 12-4-84 Criminal penalty

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Any person who engages in surface mining in violation of this part or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon convic…

O.C.G.A. § 12-4-100 Licenses to dig, mine, and remove phosphate deposits; restrictions on license holders

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Whenever any person discovers phosphate rock or phosphatic deposits in the navigable streams or waters of this state or in any public land on their banks or margins and ﬁles with the Secretary of State notice of such discovery and a description of the location thereof, he shall b…

O.C.G.A. § 12-4-101 Annual mining fee; license fee; affidavit and bond

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(a) Licenses shall be granted upon the express condition that the grantees shall pay to the Office of the State Treasurer the sum of $1.00 per ton for every ton of phosphate rock and phosphatic deposit mined and removed from the navigable rivers and waters of this state and the b…

O.C.G.A. § 12-4-102 Lapse of license

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Any license granted under this part shall lapse and become void unless within three years from the date of the granting of the license the privileges granted shall be utilized and work in good faith shall be commenced. History. — Ga. L. 1884-85, p. 125, § 5; Civil Code 1895, § 17…

O.C.G.A. § 12-4-103 Penalty

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Any person who is not engaged in the prosecution of lawfully authorized searches and who digs, mines, removes, or cleanses phosphate rock or phosphatic deposits from the beds of the navigable streams of this state or from any public lands on the banks and margins thereof without …

O.C.G.A. § 12-4-120 Duties of purchasers of gold bullion, dust, nuggets, or amalgam

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Every person purchasing within this state native gold, gold bullion, gold dust, gold nuggets, or gold amalgam shall keep in a book a register of the date of purchase, amount purchased, name of seller, and lands from which the gold was obtained. On or by the ﬁrst day of January, A…

O.C.G.A. § 12-4-121 Annual reports by judges of probate court

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No later than January 15 of each year, each judge of the probate court with whom a register has been ﬁled pursuant to Code Section 12-4-120 shall, by certiﬁed copy, make a report to the state geologist of the registers received by that judge during the preceding year. The state g…

O.C.G.A. § 12-4-122 Penalty

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Any person who purchases native gold, gold bullion, gold dust, gold nuggets, or gold amalgam and who fails to comply with Code Section 12-4-120 relating to such purchases shall be guilty of a misdemeanor. History. — Ga. L. 1899, p. 66, § 2; Penal Code 1910, § 699; Code 1933, § 43…

O.C.G.A. § 12-4-140 Short title

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This article shall be known and may be cited as the ‘‘Cave Protection Act of 1977.’’ History. — Ga. L. 1977, p. 833, § 1.

O.C.G.A. § 12-4-141 Legislative purpose

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The State of Georgia ﬁnds that caves are uncommon geologic phenomena and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unus…

O.C.G.A. § 12-4-142 Deﬁnitions

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As used in this article, the term: (1) ‘‘Cave’’ means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole, and grotto. (2) ‘‘Commercial cave’’ means any cave with improved trails and lighting utilized by th…

O.C.G.A. § 12-4-143 Defacing or disturbing natural condition of cave; breaking or tampering with gates, doors, or other device controlling or preventing access to caves; trespass

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(a) It shall be unlawful for any person, without the express written permission of the owner, willfully or knowingly to: (1) Break, break off, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces…

O.C.G.A. § 12-4-144 Sale or offer to sell speleothems

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(a) It shall be unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside this state without the express written permission of the owner of the cave from which such speleothems were obtained. (b) Any person violating this Code section sha…

O.C.G.A. § 12-4-145 Storing hazardous or detrimental chemicals or materials in caves or sinkholes; dumping or disposing of garbage, dead animals, or similar materials in caves or sinkholes

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(a) It shall be unlawful to store in caves or sinkholes any chemicals or other materials which may be detrimental or hazardous to caves or sinkholes, to the mineral deposits therein, to the wildlife inhabiting caves, to the waters of the state, or to the persons using such phenom…

O.C.G.A. § 12-4-146 Killing, harming, removing, or disturbing wildlife found in a cave

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(a) It shall be unlawful to remove, kill, harm, or disturb any wildlife found within any cave, provided that nothing contained in this Code section shall be construed to repeal Code Section 27-2-12, relating to scientiﬁc collectors’ permits, or any rules or regulations promulgate…

O.C.G.A. § 12-4-147 Liability of owners of caves for injuries

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(a) Neither the owner of a cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using such cave for recreational or scientiﬁc purposes if the prior consen…

O.C.G.A. § 12-5-1 Water Resources Center — Establishment and operation by Georgia Institute of Technology; purposes

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The Georgia Institute of Technology shall establish and operate a center to be known as the Water Resources Center or such other name as may be approved by the Board of Regents of the University System of Georgia. Such center will be for the purpose of conducting research, invest…

O.C.G.A. § 12-5-2 Water Resources Center — Receipt of funds and grants

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The center is authorized to make application for and receive from the federal government such funds and grants as shall be made available under the Water Research and Development Act of 1978, 42 U.S.C. Section 7801, et seq., and to utilize and disburse such funds for such purpose…

O.C.G.A. § 12-5-3 Water Resources Center — Power to enter into contracts, agreements, and participation arrangements

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The center is authorized to enter into contracts, agreements, and arrangements with other colleges and universities for participation in the work of the center. The center shall also be authorized to enter into contracts and agreements with the federal government, with political …