reglab/housing_qa huggingface dataset:
GA Code § 12-8-29 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-29. Investigations by Director; Actions to Enforce Article

 The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part.    (Code 1981, §12-8-29, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 190.
GA Code § 12-8-29.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-29.1. Authority to Enter Property for Inspection and Investigation

 The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to solid waste handling in this state.    (Code 1981, §12-8-29.1, enacted by Ga. L. 1990, p. 412, § 1.)   Cross references.   - Waste control, T. 16, C. 7, A. 2, P. 3.
GA Code § 12-8-29.2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-29.2. Confidentiality of Information Obtained by Director or Agents

  Any information relating to secret processes, devices, or methods of manufacture or production, or quantities and sources of recovered materials being privately processed, obtained by the director or his agents in the administration of this part shall be kept confidential.   In the event the employment of the director or his agents with the department terminates for any reason, the confidentiality requirement outlined in subsection (a) of this Code section shall continue to apply to such persons. Any person who violates this subsection shall be guilty of a misdemeanor. Such criminal penalty shall be in addition to such civil remedies as may be available to any party.     (Code 1981, §12-8-29.2, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-30 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30. Director's Order for Corrective Action

 Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion.In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators.The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order.Any order issued by the director under this part shall be signed by the director.Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons.    (Code 1981, §12-8-30, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 353, 354.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 226. 73A C.J.S., Public Administrative Law and Procedure §§ 277 et seq., 355.
GA Code § 12-8-30.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.1. Emergency Orders

 Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies.Such order shall be effective immediately.Any person to whom such order is directed shall comply therewith immediately, but shall be afforded a hearing within 48 hours.    (Code 1981, §12-8-30.1, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-30.2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.2. Hearings and Review of Actions and Orders

 All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this part shall be provided and conducted in accordancewithsubsection(c)of Code Section 12-2-2.    (Code 1981, §12-8-30.2, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 383.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, §§ 374 et seq.
GA Code § 12-8-30.3 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.3. Judgment in Accordance With Director's Order

 The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal or modified on any review or appeal from which no further review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties.Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.    (Code 1981, §12-8-30.3, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 385.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 88, 89, 144, 145. 73A C.J.S., Public Administrative Law and Procedure, §§ 354, 575, 577.   ALR.   - Pollution control: preliminary mandatory injunction to prevent, correct, or reduce effects of polluting practices, 49 A.L.R.3d 1239.
GA Code § 12-8-30.4 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.4. Injunctive Relief

 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 any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice.Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.    (Code 1981, §12-8-30.4, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-30.5 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.5. Attorney General's Duties

 It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part.    (Code 1981, §12-8-30.5, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 7 Am. Jur. 2d, Attorney General, §§ 41, 42.   C.J.S.   - 7A C.J.S., Attorney General, § 28 et seq.
GA Code § 12-8-30.7 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.7. Unlawful Acts

 It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part.    (Code 1981, §12-8-30.7, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 10.)   Law reviews.   - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code Section 12-8-26 are included in the annotations for this Code section.   Negligence action not available for breach of duty imposed by section.    - Even if this statute were construed as imposing a general duty of safety beyond the primary duty of minimizing any environmental hazards, there is still no statutory authorization for a negligence action based on a breach of that duty. Dinsmore v. Cherokee County, 177 Ga. App. 93, 338 S.E.2d 523 (1985) (decided under former O.C.G.A. § 12-8-26).   RESEARCH REFERENCES   Am. Jur. 2d.   - 58 Am. Jur. 2d, Nuisances, §§ 161, 162.   C.J.S.   - 66 C.J.S., Nuisances, § 78.
GA Code § 12-8-30.9 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.9. Powers of Local Governmental Bodies and State Not Limited by This Part

 No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:    On the power of a municipality, county, authority, or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;   On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;   On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or   On the power of any state agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer.     (Code 1981, §12-8-30.9, enacted by Ga. L. 1990, p. 412, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, a comma was inserted following "authority" near the beginning of paragraph (1).   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 owners' rental property. Board of Comm'rs v. Guthrie, 273 Ga. 1, 537 S.E.2d 329 (2000).   Prior consent order did not amount to criminal punishment to which double jeopardy prohibitions applied.    - Trial court properly denied a solid waste facility operator's double jeopardy plea in bar of prosecution because even though the parties stipulated that the consent order and the criminal action alleged the same nuisance conduct and each proceeding had the same goals of restraint, deterrence, and abatement, the criminal action was not barred by the sanctions imposed in the consent order since the consent order did not amount to criminal punishment to which double jeopardy prohibitions applied. Wilbros, LLC v. State, 294 Ga. 514, 755 S.E.2d 145 (2014).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under Ga. L. 1972, pp. 1002 and 1006 are included in the annotations for this Code section.   "County" construed.   - Reference to "county" should be construed broadly enough to cover other county governmental bodies. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, pp. 1002 and 1006).
GA Code § 12-8-30.10 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-30.10. Exemption for Private Individuals

 This part shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health.    (Code 1981, §12-8-30.10, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Licenses and Permits, § 32.   C.J.S.   - 53 C.J.S., Licenses, §§ 56, 57, 58.
GA Code § 12-8-33 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-33. Recycling Market Development Council

  Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:   Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;   One member who is an elected or appointed municipal official to be appointed by the Governor;   One member who is an elected or appointed member of a county governing authority to be appointed by the Governor;   One member appointed by the Speaker of the House of Representatives;   One member appointed by the President of the Senate; and   One representative each from the Department of Administrative Services; the Department of Economic Development; the Department of Community Affairs; and the Department of Natural Resources.     The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly.The council 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 council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.     (Code 1981, §12-8-33, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 13; Ga. L. 2004, p. 690, § 11; Ga. L. 2004, p. 1036, § 11.)   Law reviews.   - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
GA Code § 12-8-33.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-33.1. Improper Disposal of Computer Equipment; Computer Equipment Disposal and Recycling Council Created; Compensation; Powers and Duties

 Repealed by Ga. L. 2007, p. 47, § 12/SB 103, effective May 11, 2007.   Editor's notes.   - This Code section was based on Code 1981, § 12-8-33.1, enacted by Ga. L. 2002, p. 1086, § 1.
GA Code § 12-8-34 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-34. Labeling Rigid Plastic Containers or Bottles

  On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section.   On and after January 1, 1991, any rigid plastic container or rigid plastic bottle manufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container.Such coding shall conform with the following:   Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise "7-other" is appropriate.   The label code shall consist of a number placed inside a triangle and letters placed below the triangle as required by paragraph (3) of this subsection.The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius.The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow.The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path around the code number;   The numbers and letters used on labels described in this Code section and their interpretations shall be as follows:  "1-PETE" (polyethylene terephthalate)   "2-HDPE" (high-density polyethylene)   "3-V" (vinyl)   "4-LDPE" (low-density polyethylene)   "5-PP" (polypropylene)   "6-PS" (polystyrene)   "7-OTHER" (all other resins and layered multimaterial)        (Code 1981, §12-8-34, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 2001, p. 4, § 12.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, a comma was inserted following "midpoints" in the last sentence of paragraph (b)(2) and in the last item listed in paragraph (b)(3) "all" was substituted for "All" and parentheses were added around language following "7-OTHER".   Pursuant to Code Section 28-9-5, in 1992, a period was deleted at the end of the Code section.   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of statute or ordinances requiring return deposits on soft drinks, beer, water bottles, or similar containers, 94 A.L.R.6th 239.
GA Code § 12-8-35 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-35. Review of Purchases and Purchasing Specifications, Practices, and Procedures by Commissioner of Administrative Services

  The commissioner of administrative services shall:   By July 1, 1990, commence a review of all goods and products purchased to determine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report of his findings with the General Assembly and the Governor; and   By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and specifications which concern or impact the purchase of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be economically infeasible or which would cause the state to sacrifice quality or performance standards or would unduly restrict free and open competition among vendors.     In conducting any review required under this Code section, the commissioner of administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253.     (Code 1981, §12-8-35, enacted by Ga. L. 1990, p. 412, § 1.)
GA Code § 12-8-36 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-36. State Agency Recycling and Collection Programs

  The Georgia Building Authority is authorized to establish and coordinate a state-wide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations, including, but not limited to, aluminum and steel cans, plastic and glass bottles, and all grades of paper, including corrugated cardboard, and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and implementing the recycling program.   Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for its own recycling program for recovered materials generated as a result of its own agency operations.     (Code 1981, §12-8-36, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 14; Ga. L. 2009, p. 786, § 2/HB 310.)   Editor's notes.   - Ga. L. 2009, p. 786, § 1/HB 310, not codified by the General Assembly, provides that: "The General Assembly finds that it is in the best interests of the state to encourage recycling and that state agencies can contribute to recycling efforts in a meaningful way. The General Assembly further finds that this Act is intended to be a part of the campaign to Make Georgia's Capitol Green."   Administrative Rules and Regulations.   - Recycling and waste reduction grant program, Official Compilation of the Rules and Regulations of the State of Georgia, Grant Program Description for Georgia Environmental Facilities Authority, Chapter 267-2.   Law reviews.   - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of statute or ordinances requiring return deposits on soft drinks, beer, water bottles, or similar containers, 94 A.L.R.6th 239.
GA Code § 12-8-37 (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. Financial Aid From Federal Government or Other Sources

 The director shall be the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management.    (Code 1981, §12-8-37, enacted by Ga. L. 1990, p. 412, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 263 et seq., 346 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 363.