GA Code § 12-8-26 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-26. Public Meetings on Site Selection; Notice; Decision

  Any county, municipality, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public.Notice of this meeting shall be published within a newspaper of general circulation serving such county or municipality at least once a week for two weeks immediately preceding the date of such meeting.A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meetings must be published within a newspaper of general circulation serving each such jurisdiction at least once a week for two weeks immediately preceding the date of such meeting.   The governing authority of any county or municipality taking action resulting in a publicly or privately owned municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving such county or municipality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting and the meeting shall be conducted by the governing authority taking the action.A siting decision shall include, but is not limited to, such activities as the final selection of property for landfilling and the execution of contracts or agreements pertaining to the location of municipal solid waste disposal facilities within the jurisdiction, but shall not include zoning decisions.     (Code 1981, §12-8-26, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 7.)   Cross references.   - Permission by counties to persons contracting to transport and dump trash, garbage, or other refuse at publicly or privately owned dumps, § 36-1-16.   Law reviews.   - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).   JUDICIAL DECISIONS   Applies to private developer.    - Requirement for a public meeting applies when the applicant to the Environmental Protection Division is a private developer applying for a privately owned and operated facility to be located in the municipality, and would apply when the municipality acted for or in collaboration with the developer in "beginning a process to select a site." City of Arcade v. Emmons, 228 Ga. App. 879, 494 S.E.2d 186 (1997), modified in part, 270 Ga. 196, 507 S.E.2d 464 (1998).   "Siting decision."    - Resolution approving a restated lease and operating agreement between a city and the city's solid waste treatment provider constituted a siting decision since the decision pertained to the location and expansion of the city's landfill facilities. Grove v. Sugar Hill Inv. Assocs., 219 Ga. App. 781, 466 S.E.2d 901 (1995).    When a private developer acted independently in selecting a site for the developer's proposed landfill, a city's subsequent entry into a contract with the developer governing operation of the landfill and requiring the city's cooperation with the developer in the city's application to the Environmental Protection Division was not governed by the requirements of subsection (a) of O.C.G.A. § 12-8-26, but was a "siting decision" governed by subsection (b) of that section. City of Arcade v. Emmons, 228 Ga. App. 879, 494 S.E.2d 186 (1997), modified in part, 270 Ga. 196, 507 S.E.2d 464 (1998).   Contract invalid for violating subsection (b).    - Because the city failed to give notice, as required by subsection (b) of O.C.G.A. § 12-8-26, of a meeting at which a siting decision was made, the contract between the city and a private developer governing the operation of a proposed landfill was invalid. City of Arcade v. Emmons, 228 Ga. App. 879, 494 S.E.2d 186 (1997), modified in part, 270 Ga. 196, 507 S.E.2d 464 (1998).   Permanent injunction prohibited.    - Even though a city's failure to hold a properly noticed meeting at which a siting decision was made rendered invalid a contract between the city and a private developer regarding a proposed landfill, the city could not be prevented from holding a properly noticed meeting and it was error to grant a permanent injunction against the city's taking action in furtherance of the landfill. City of Arcade v. Emmons, 228 Ga. App. 879, 494 S.E.2d 186 (1997), modified in part, 270 Ga. 196, 507 S.E.2d 464 (1998).   Impact of failure to provide notice.    - Failure of the city to provide notice of a meeting at which a restated lease and operating agreement between the city and the city's solid waste treatment provider was approved invalidated that portion of the agreement relating to the siting decision - that portion of the agreement pertaining to the expansion of the acreage of the landfill facility. Grove v. Sugar Hill Inv. Assocs., 219 Ga. App. 781, 466 S.E.2d 901 (1995).   RESEARCH REFERENCES   ALR.    - Liability of private persons or corporations draining into sewer maintained by municipality or other public body for damages to riparian owners or others, 170 A.L.R. 1192.   Sewage disposal plant as nuisance, 40 A.L.R.2d 1177.