reglab/housing_qa huggingface dataset:
GA Code § 12-8-37.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-37.1. (Effective Until July 1, 2022.) State Grants Authorized

  The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part.   The director shall administer all funds granted by the state pursuant to this Code section.   The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development.     (Code 1981, §12-8-37.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 6; Ga. L. 2005, p. 1247, § 8/SB 122.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Funds, § 33 et seq. 63C Am. Jur. 2d, Public Officers and Employees, §§ 256 et seq., 340 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 363 et seq. 81A C.J.S., States, § 339.
GA Code § 12-8-37.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-37.1. (Effective July 1, 2022.) State Grants Authorized

  The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part.   The director shall administer all funds granted by the state pursuant to this Code section.   The corpus of the Solid Waste Trust Fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development.     (Code 1981, §12-8-37.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 6; Ga. L. 2005, p. 1247, § 8/SB 122; Ga. L. 2021, p. 761, § 3/HB 511.)   Editor's notes.   - Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: "In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds' majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year's state revenues subject to appropriations."
GA Code § 12-8-38 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-38. Funds Generated by Division; Use for Operation and Maintenance; Deposit of Unexpended Funds

 Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and maintenance of that area.Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such miscellaneous funds.    (Code 1981, §12-8-38, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 409, 410, 411.   C.J.S.   - 62 C.J.S., Municipal Corporations, §§ 166, 247.
GA Code § 12-8-39.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-39.1. Program for Reduction of Municipal Solid Waste on per Capita Basis

 Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste, as evidenced by the solid waste received at disposal facilities, which are not exempt from subsection (c) of Code Section 12-8-21, within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21.    (Code 1981, §12-8-39.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1993, p. 399, § 9.)
GA Code § 12-8-39.2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-39.2. Reports of Costs of Solid Waste Management Services

 Reserved. Repealed by Ga. L. 2011, p. 312, § 2/SB 157, effective July 1, 2011.   Editor's notes.   - This Code section was based on Code 1981, § 12-8-39.2, enacted by Ga. L. 1990, p. 412, § 1.
GA Code § 12-8-39.3 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-39.3. Authorization to Enforce Collection of Taxes, Fees, or Assessments

  Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted by a county governing authority may provide that the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions.   The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992, or adopted thereafter.     (Code 1981, §12-8-39.3, enacted by Ga. L. 1992, p. 3276, § 17; Ga. L. 1993, p. 399, § 10; Ga. L. 1997, p. 1081, § 3.)   Law reviews.   - For note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).   JUDICIAL DECISIONS   County ordinance covering payment of garbage collection fees.    - State constitution, statutes, and case law permit a county to enact an ordinance making property owners responsible for the payment of garbage collection fees for the owner's rental property. Board of Comm'rs v. Guthrie, 273 Ga. 1, 537 S.E.2d 329 (2000).    Sanitation assessments were not taxes within the meaning of the Georgia Constitution but rather charges for services rendered by a county, which was authorized to enforce by ordinance the collection of fees for solid waste collection services in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments; the county's solid waste collection fee did not violate Ga. Const. 1983, Art. VII, Sec. I, Para. I. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).   Contract with private solid waste collection companies.    - In choosing the option of contracting with private solid waste collection companies, a county was, through that method, providing solid waste collection services to county property owners within the meaning of O.C.G.A. § 12-8-39.3(a); the fact that the individuals performing that service were not county employees, but employees of private contractors, was of no moment, insofar as it related to a property owner's constitutional challenge to the county's solid waste ordinance. Mesteller v. Gwinnett County, 292 Ga. 675, 740 S.E.2d 605 (2013).
GA Code § 12-8-40 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-40. Exemption for Livestock-Feeding Facility

 This article shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, partnership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a "ten-year storm," such individual shall be further exempt regardless of total per head capacity.Nothing in this part shall limit the right of any person to use poultry or other animal manure for fertilizer.    (Code 1981, §12-8-40, enacted by Ga. L. 1990, p. 412, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, "part" was substituted for "article" in the second sentence.
GA Code § 12-8-40.2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-40.2. Yard Trimmings Disposal Restrictions

  Each city, county, or solid waste management authority may impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction; provided, however, that under no circumstances shall yard trimmings be placed in or mixed with municipal solid waste, except at:   Landfills restricted to construction or demolition waste;   Inert waste landfills; or   Lined municipal solid waste landfills having operating landfill gas collection systems directed to beneficial uses of landfill gas that promote renewable energy goals such as electrical power generation, industrial end use, or similar beneficial reuse.     Except as otherwise provided in subsection (a) of this Code section, owners and operators of municipal solid waste landfills shall be prohibited from disposing of yard trimmings in municipal solid waste landfills.   The Board of Natural Resources is authorized to develop guidelines to assist local governing authorities and others in the orderly stockpiling of yard trimmings at suitable sites, the chipping and composting of yard trimmings, and the distribution of the products resulting from such chipping and composting.     (Code 1981, §12-8-40.2, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 18; Ga. L. 1993, p. 399, § 15; Ga. L. 2005, p. 1247, § 13/SB 122; Ga. L. 2011, p. 283, § 4/HB 274.)   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 165 (2011). For article, "Conservation and Natural Resources: Waste Management," see 28 Ga. St. U.L. Rev. 165 (2011). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
GA Code § 12-8-40.3 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-40.3. Disposal of Shingles Containing Asphalt

 It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills.    (Code 1981, §12-8-40.3, enacted by Ga. L. 1997, p. 928, § 2.)   Editor's notes.   - Ga. L. 1997, p. 928, § 3, not codified by the General Assembly, provides: "The Environmental Protection Division of the Department of Natural Resources in conjunction with the Pollution Prevention Assistance Division shall develop a plan, if practicable, to encourage the recycling of asphalt shingles and shall make a report on such plan to the General Assembly of Georgia by December 31, 1997."
GA Code § 12-8-41 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-41. Department to Provide Permits

 The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Public Health for these purposes) under Code Section 31-2A-12 may continue to operate under such Code section until July 1, 2014, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter.    (Code 1981, §12-8-41, enacted by Ga. L. 2002, p. 927, § 1A; Ga. L. 2005, p. 1529, § 1/HB 54; Ga. L. 2007, p. 127, § 4/HB 463; Ga. L. 2009, p. 453, § 1-12/HB 228; Ga. L. 2011, p. 705, §§ 3-4, 6-3/HB 214; Ga. L. 2012, p. 843, § 1A/HB 1102.)   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 59 (2002).   JUDICIAL DECISIONS   Ultra vires act void.    - Because the chair of the county board of commissioners committed an ultra vires act in granting approval for a project in a letter to a company, the company did not have a right to mandamus or declaratory relief against the county after the board of commissioners wrote a later letter to the company informing the company that the company did not have the board of commissioners' approval for the project as no formal application for the project was made to the board of commissioners. Enviro Pro, Inc. v. Emanuel County, 265 Ga. App. 309, 593 S.E.2d 673 (2004).
GA Code § 12-8-50 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-50. Short Title

 This part shall be known and may be cited as the "Regional Solid Waste Management Authorities Act."    (Code 1981, §12-8-50, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-53 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-53. Creation of Authorities

  There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "solid waste management authority" of such county or municipal corporation.No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolution of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation.   Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the "regional solid waste management authority" for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.     (Code 1981, §12-8-53, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-55 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-55. Quorum; Majority Vote Requirement

 A majority of the directors shall constitute a quorum for the transaction of business of the authority.However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.    (Code 1981, §12-8-55, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-57 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-57. Limitation on Liability of Members, Officers, or Employees of Authority

 Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from:    The design, construction, ownership, maintenance, operation, or management of a project; or   The carrying out of any of the discretionary powers or duties expressly provided for in this part.     (Code 1981, §12-8-57, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-59 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-59. Bonds or Other Obligations Not Indebtedness of State or Political Subdivision

 No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursuant to this part.All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.    (Code 1981, §12-8-59, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-59.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 2 - Regional Solid Waste Management Authorities|§ 12-8-59.1. Liberal Construction of Part; Bonds Not Subject to Other State Law; Other Authorities

  This part shall be liberally construed to effect the purposes hereof.Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law.   A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.     (Code 1981, §12-8-59.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 2008, p. 381, § 10/SB 358.)
GA Code § 12-8-60 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-60. Short Title

 This partshall be known as and may be cited as the "Georgia Hazardous Waste Management Act."   (Ga. L. 1979, p. 1127, § 1; Ga. L. 1992, p. 2234, § 5.)   Law reviews.   - For annual survey on environmental law, see 70 Mercer L. Rev. 1007 (2019).   JUDICIAL DECISIONS   Constitutionality.    - O.C.G.A. § 50-13-10 did not authorize plaintiffs to obtain declaratory judgment as to validity of rules enacted pursuant to the Hazardous Waste Management Act, O.C.G.A. § 12-8-60 et seq., when the plaintiffs were contending that the Act and rules promulgated thereunder were unconstitutional. George v. Department of Natural Resources, 250 Ga. 491, 299 S.E.2d 556 (1983).    Cited in Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981); South Carolina Ins. Co. v. Coody, 813 F. Supp. 1570 (M.D. Ga. 1993); Georgia Ports Auth. v. Diamond Mfg. Co., 164 Bankr. 189 (Bankr. S.D. Ga. 1994).   RESEARCH REFERENCES   ALR.   - Right to maintain action based on violation of § 7003 of Resource Conservation and Recovery Act (42 USCS § 6973) pertaining to imminent hazards from solid or hazardous waste, 105 A.L.R. Fed. 800.
GA Code § 12-8-61 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-61. Legislative Policy

 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 institute and maintain a comprehensive state-wide program for the management of hazardous wastes through the regulation of the generation, transportation, storage, treatment, and disposal of hazardous wastes.   (Ga. L. 1979, p. 1127, § 2; Ga. L. 1992, p. 2234, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 48. 25 Am. Jur. 2d, Drains and Drainage Districts, § 3. 61C Am. Jur. 2d, Pollution Control, §§ 975 et seq., 1052 et seq.   C.J.S.   - 28 C.J.S., Drains, § 3 et seq.