GA Code § 12-8-31 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-31. State Solid Waste Management Plan; Reporting

  By January 1, 1991, the division, jointly with the Department of Community Affairs and in cooperation with the Georgia Environmental Finance Authority and local government officials, shall develop a state solid waste management plan.   The state solid waste management plan shall be submitted to the Governor's Development Council and shall serve as the guide for the development of local plans and regional plans for solid waste management.   The state solid waste management plan shall include but not be limited to:   A general analysis of solid waste management practices currently in use, management alternatives and technologies available, and their application;   Procedures and strategies for meeting state goals and objectives for waste reduction;   Minimum standards and procedures to be met by local and regional solid waste management plans, including the assurance of adequate solid waste handling capability and capacity for the subsequent ten-year period which shall specifically include adequate collection capability;   A procedure for informing the public annually of the locally incurred costs of solid waste management;   Procedures for ensuring cooperative efforts on solid waste management planning by the state, regional commissions, local governments, groups of local governments, and private companies, including a description of the means by which the state will encourage local governments to pursue regional approaches;   A description of public and private alternatives for the provision of solid waste management services;   A description of the respective roles of agencies in the implementation of a state-wide public information education program on solid waste management which emphasizes grass roots participation of all age levels;   Methods of assuring public participation in the planning and decision-making processes; and   Methods for assuring implementation of the state solid waste management plan.     In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Finance Authority, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The Department of Community Affairs shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient.The annual report shall include but not be limited to:   The status of local and regional solid waste planning in Georgia;   The number and types of solid waste handling facilities in Georgia;   The remaining permitted capacity of each permitted solid waste handling facility;   The number and types of solid waste grants made to local governments;   The number and types of solid waste loans made to local governments;   A compilation and analysis of solid waste management data provided by cities and counties in their annual reports;   A statement of progress achieved in meeting the goal established in subsection (c) of Code Section 12-8-21;   A statement of progress achieved in solid waste management education;   Any revisions in the state solid waste management plan which are deemed necessary; and   Recommendations for improving the management of solid waste in this state.     By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to:   An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter;   A compilation and analysis of litter prevention, collection, and enforcement efforts;   An assessment of littering in this state;   A statement of progress in achieving a litter prevention ethic; and   Recommendations for improving litter abatement and prevention efforts.       (Code 1981, §12-8-31, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 2005, p. 1036, § 10/SB 49; Ga. L. 2006, p. 275, § 3-2/HB 1320; Ga. L. 2008, p. 181, § 19/HB 1216; Ga. L. 2010, p. 949, § 1/HB 244.)   Cross references.   - Emergency powers of Governor generally, §§ 38-3-22,38-3-51,45-12-29 et seq.   Editor's notes.   - Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'   Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Health, §§ 86, 88.   JUDICIAL DECISIONS   Ordinances did not violate dormant commerce clause.    - When the only palpable burden on interstate commerce was the insignificant amount of service that would no longer be provided during four months of the year in another state, city and county flow control ordinances requiring local waste to be delivered to a publicly owned landfill and enacted pursuant to O.C.G.A. § 12-8-31 were valid and did not violate the dormant Commerce Clause of the U.S. Const. in light of the revenue generation benefit to sustain a public landfill. Quality Compliance Servs. v. Dougherty County, 553 F. Supp. 2d 1374 (M.D. Ga. 2006).