GA Code § 12-8-66 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-66. Permits for Construction, Installation, Operation, or Alteration of Hazardous Waste Facilities

  No person shall, and it shall be unlawful and a violation of this part to, construct, install, operate, or substantially alter a hazardous waste facility without first obtaining and possessing a hazardous waste facility permit from the director.An application for a permit shall be submitted in such manner and on such forms as the director may prescribe. A permit shall be issued to an applicant on evidence, satisfactory to the director, of compliance with this part and any standards, requirements, or rules and regulations effective pursuant to this part.   The director may require that applications for such permits shall be accompanied by plans, data, specifications, engineering reports, designs, and such other information as the director deems necessary to make a determination of compliance with this part and the standards, requirements, or rules and regulations promulgated pursuant to this part.   The director may amend, modify, suspend, or revoke any permit issued for cause, including, but not limited to, the following:   Violation of any condition or provision of such permit or failure to comply with any final order of the director;   Failure to comply with this part or any rules or regulations promulgated pursuant to this part;   Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or   When the permitted activity poses a threat to the environment or to the health of humans.     An application for a permit shall include a demonstration of financial responsibility, including, but not limited to, guarantees, liability insurance, the posting of bonds, or any combination of guarantees, liability insurance, or bonds in accordance with Code Section 12-8-68, which financial responsibility shall be related to the type and size of facility.   Permits issued under this Code section shall contain such terms and conditions, including conditions requiring corrective action beyond the facility boundary, as are deemed necessary by the director to protect the environment and the health of humans, and the director may require such testing and construction supervision as said officer deems necessary to protect the environment and the health of humans.Any permit issued subsequent to November 8, 1984, shall contain conditions requiring corrective action for any releases into the environment of hazardous waste or hazardous constituents at the facility seeking a permit, regardless of the time at which waste was placed at such facility.   In the event of denial, amendment, modification, suspension, or revocation of a permit, the director shall send written notice of such action to the permit holder or applicant and shall set forth in such notice the reason for the action.   The issuance, denial, amendment, modification, suspension, or revocation of any permit by the director shall become final unless a petition for hearing in accordance with Code Section 12-8-73 is filed.   Upon the first receipt of an application for a hazardous waste facility permit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, to each city government located wholly or partially within that county, and to the government of each county and city having territorial boundaries within two miles of the hazardous waste facility, or proposed hazardous waste facility a written notice indicating that an application has been received and describing the hazardous waste activities the applicant proposes to conduct.Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received.A public hearing shall be held if such is requested in writing within 30 days after publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association having not fewer than 25 members.If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste facility is proposed to be located.At least 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivisions and other interested parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing.The date, time, location, and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing.Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility.The director shall consider fully all written and oral submissions regarding the proposed facility and the pending application.   Any person who owns or operates a facility required to have a permit under this Code section, which facility was in existence on November 19, 1980, or is in existence on the effective date of any amendment to this part or any regulation promulgated pursuant to this part which renders the facility subject to the requirement to have a permit pursuant to this Code section shall be accorded interim status, which means that such person shall be treated as having been issued a permit until such time as final administrative disposition of the person's application has been made, if and to the extent the person:   Has notified the director of the existence of such facility as required pursuant to paragraph (17) of subsection (a) of Code Section 12-8-65;   Has filed an application for a permit as required pursuant to this Code section;   Furnishes to the director information reasonably required or requested for processing such application;   Does not treat, store, or dispose of hazardous waste not specified in the permit application, nor employ processes not specified in the permit application, nor exceed the design capacity specified in the permit application; and   Complies with all standards applicable to interim status facilities as have been or may be promulgated by the board.     In the case of any land disposal facility which had interim status prior to November 8, 1984, interim status shall terminate on November 8, 1985, unless the owner or operator of such facility:   Applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1985; and   Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.     In the case of any land disposal facility that has interim status due to any amendments to this part or any regulations promulgated pursuant to this part on or subsequent to November 8, 1984, which render the facility subject to the requirement to have a permit pursuant to this part, interim status shall terminate on the date 12 months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:   Applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and   Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.     In the case of any hazardous waste incinerator which had interim status prior to November 8, 1984, interim status shall terminate on November 8, 1989, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1986.   In the case of all hazardous waste facilities which had interim status prior to November 8, 1984, other than land disposal facilities and incinerators, interim status shall terminate on November 8, 1992, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1988.   In the case of all hazardous waste facilities in existence on November 8, 1984, the director must make a decision to issue or deny a permit pursuant to this Code section by the following dates:   By November 8, 1988, for all land disposal facilities;   By November 8, 1989, for all incinerators; and   By November 8, 1992, for all other hazardous waste facilities.     The director shall not issue a permit allowing any owner or operator of a cement kiln to burn hazardous waste as fuel until the U.S. Environmental Protection Agency has completed developing its strategy for hazardous waste reduction and combustion which may affect the burning of hazardous wastes in cement kilns.    (Ga. L. 1979, p. 1127, § 8; Ga. L. 1982, p. 3, § 12; Ga. L. 1985, p. 266, §§ 4, 5; Ga. L. 1986, p. 10, § 12; Ga. L. 1989, p. 240, § 1; Ga. L. 1990, p. 1427, § 3; Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 2; Ga. L. 1994, p. 483, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, the paragraph (1) designation in subsection (h) was deleted and a comma was deleted preceding "a written notice" near the end of the first sentence in subsection (h).   JUDICIAL DECISIONS    Financial responsibility requirements under O.C.G.A. § 12-8-60 et seq., and the regulations adopted thereunder meet the constitutional due process standard of bearing a rational relation to a proper and constitutionally permitted legislative purpose. Georgia Dep't of Natural Resources v. Union Timber Corp., 258 Ga. 873, 375 S.E.2d 856 (1989).    Director is not obligated to establish financial responsibility requirements for individual hazardous-waste facilities. Indeed, if the director is obligated at all, the director is to exercise discretion in a manner consistent with the federal act and such criteria as the board shall establish. Georgia Dep't of Natural Resources v. Union Timber Corp., 258 Ga. 873, 375 S.E.2d 856 (1989).    Cited in George v. Department of Natural Resources, 250 Ga. 491, 299 S.E.2d 556 (1983); Board of Natural Resources v. Walker County, 200 Ga. App. 301, 407 S.E.2d 436 (1991).   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Licenses and Permits, §§ 7 et seq., 45 et seq.   C.J.S.   - 53 C.J.S., Licenses, § 7.   ALR.   - Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600.