Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
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 Emergency situations involving air pollution, § 12-9-14
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Governor’s power to postpone or extend qualifying periods for election during state of emergency, § 21-2-50.1. Power of Governor to appoint special policemen for protection of property, T. 35, C. 9. Further provisions regarding emergency powers of Governor, §§ 38-2-6, 38-3-22, 38…
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 Declaration of public policy
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Georgia hazardous site response act, §12-8-91. Georgia hazardous waste management act, §12-8-61. Definitions. Discharge of hazardous materials, §12-8-140. 1300 INDEX HAZARDOUS MATERIALS AND WASTE —Cont’d Definitions —Cont’d Georgia hazardous site response act, §12-8-92. Georgia haz…
O.C.G.A. § 12-8-78 Releases
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Hazardous site response act, §§12-8-90 to 12-8-97. Mitigating effect, §§12-8-140 to 12-8-142. Oil or hazardous material spills or releases, §§12-14-1 to 12-14-4. Remediation. Voluntary remediation program, §§12-8-100 to 12-8-108. Reporting requirements. Discharge of hazardous mat…
O.C.G.A. § 12-8-80 Applicability of article
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Reserved. Repealed by Ga. L. 1992, p. 2234, § 5, effective July 1, 1992. Editor’s notes. — This Code section was based on Ga. L. 1979, p. 1127, § 3. 12-8-81. Civil penalties; procedures for imposing penalties.
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…
O.C.G.A. § 12-8-83 Short title, §12-8-60
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HEARINGS —Cont’d Drinking water —Cont’d Order by director after failure of conference, conciliation, etc., §12-5-185. Procedure for imposing penalties, §12-5-192. Environmental protection division decisions. Persons aggrieved by, §12-2-2. Flint river drought protection act. Minim…
O.C.G.A. § 12-8-90 Short title
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This part shall be known and may be cited as the ‘‘Georgia Hazardous Site Response Act.’’ History. — Code 1981, § 12-8-90, enacted by Ga. L. 1992, p. 2234, § 5.
O.C.G.A. § 12-8-91 CLERKS OF COURT
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Compensation. Parks and recreational areas. Reports regarding disposition of civil actions, §12-3-11. COAL-BURNING SOURCES. Air pollution. Noncompliance penalties, §12-9-22. COASTAL MANAGEMENT, §§12-5-320 to 12-5-328. Board of natural resources. Definition of board, §12-5-322. Rul…
O.C.G.A. § 12-8-92 Definitions
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Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term: (1) ‘‘Corrective action contractor’’ means any person contracting with the division to perform any activities author…
O.C.G.A. § 12-8-93 Powers and duties of board
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(a) In the performance of its duties, and in addition to the powers set forth in Code Section 12-8-64, 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 the board may deem n…
O.C.G.A. § 12-8-94 Corrective action contractors
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Defined, §12-8-92. Limitation of liability, §12-8-96.2. Definitions, §12-8-92. Fees, §12-8-95.1. Legislative intent, §12-8-91. Liability for cleanup costs, §12-8-96.1. Notice requirements, §12-8-96. Powers and duties. Board, §12-8-93. Trust fund, §12-8-95. Director, §12-8-94. Trust…
O.C.G.A. § 12-8-95 History
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— Code 1981, § 12-8-91, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 2002, p. 927, § 2; Ga. L. 2021, p. 761, § 6/HB 511. Delayed effective date. — Code Section 12-8-91 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022,…
O.C.G.A. § 12-8-95.1 Oconee river greenway authority
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Rentals and other charges for use of project, §12-3-409. Oil and gas deep drilling. Drilling permits, §12-4-46. Parks and recreation. Discount fees for certified disabled veterans, §12-3-9.1. Phosphate mining licensees, §12-4-101. Solid waste.
O.C.G.A. § 12-8-96 Powers of directors as to, §12-8-94
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Waiver of fees, §12-8-95.1. Hazardous waste facilities. Defined, §12-8-62. Inspections, §12-8-70. Investigations, §12-8-70. Permits for construction, operation, etc., §12-8-66. Hazardous waste reduction plans, §§12-8-65.1 to 12-8-65.4. Biennial progress reports, §12-8-65.1. 1301 I…
O.C.G.A. § 12-8-96.1 Jekyll Island-state park authority
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Venue and jurisdiction for actions, §12-3-275. Metropolitan North Georgia water planning district. Landscape irrigation systems. Contest of “rain sensor shut-off switch” installation, §12-5-6. Oconee river greenway authority. Jurisdiction, §12-3-411. Sapelo Island Heritage author…
O.C.G.A. § 12-8-96.2 Limitation of liability of corrective action contractors
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(a) No corrective action contractor engaged in activities associated with the cleanup of environmental hazards created by others shall be liable for any damages arising from the release of a hazardous waste, hazardous constituent, or hazardous substance resulting from such activi…
O.C.G.A. § 12-8-96.3 Title of act
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Georgia hazardous site response act, §12-8-90. Georgia hazardous waste management act, §12-8-60. Transport. Defined, §12-8-62. Manifest requirement, §12-8-67. Underground storage tanks, §§12-13-1 to 12-13-22. Variances, §12-8-69. Voluntary remediation program, §§12-8-100 to 12-8-1…
O.C.G.A. § 12-8-97 Hazardous site inventory
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(a) Beginning on July 1, 1994, the division shall compile and update as necessary an inventory of all known or suspected sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in quantities deemed reportable by rules or reg…
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.