reglab/housing_qa huggingface dataset:
GA Code § 12-8-78 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-78. Public Access to Information; Protection of Confidential Information; Access to Confidential Information by Federal Government and Courts

  Any records, reports, or information obtained from any person by the director under this part or the rules and regulations promulgated under this part shall be available to the public for inspection and copying at the expense of the person requesting copies.   Notwithstanding subsection (a) of this Code section, upon a showing satisfactory to the director by any person that any records, reports, or information, or any particular part thereof, to which the director has access under this article or the rules and regulations would, if made public, divulge information entitled to protection or confidentiality under law, the director shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality or protection is claimed, provided that such records, reports, documents, or information may be disclosed to officers, employees, or authorized representatives of the United States government concerned with carrying out the terms of the federal act or when required by any court in any proceeding under the federal act or under this article.    (Ga. L. 1979, p. 1127, § 20; Ga. L. 1992, p. 2234, § 5; Ga. L. 1996, p. 6, § 12.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 100.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 47 et seq.
GA Code § 12-8-79 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-79. Effect of Other Laws on Permits Issued Under Article and Rules and Regulations

 Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article.   (Ga. L. 1979, p. 1127, § 21; Ga. L. 1992, p. 2234, § 5.)   Law reviews.   - For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982). For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For survey article on real property, see 34 Mercer L. Rev. 255 (1982).   JUDICIAL DECISIONS    Preemption feature of O.C.G.A. T. 12, C. 8, A. 3 operates only in regard to facility already holding valid permit. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981).
GA Code § 12-8-80 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-80. Applicability of Article

 Reserved. Repealed by Ga. L. 1992, p. 2234, § 5, effective July 1, 1992.   Editor's notes.   - This Code section was based on Ga. L. 1979, p. 1127, § 3.
GA Code § 12-8-81 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-81. Civil Penalties; Procedures for Imposing Penalties

  Any person violating any provision of this article, the rules or regulations effective under this article, or any permit condition or limitation established pursuant to this article or any person negligently or intentionally failing or refusing to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $25,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.   Whenever the director has reason to believe that any person has violated any provision of this article, any rule or regulation effective under this article, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this article, any rule or regulation effective under this article, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-8-73.   In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:   The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply;   The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;   The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with this article or to correct the violation or failure;   Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, orders, or permits administered, adopted, or issued by the director;   The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and   The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure.      (Ga. L. 1979, p. 1127, § 17; Ga. L. 1992, p. 2234, § 5; Ga. L. 1996, p. 6, § 12.)   RESEARCH REFERENCES   C.J.S.   - 36A C.J.S., Fines, § 3.   ALR.   - Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.
GA Code § 12-8-83 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 1 - Hazardous Waste Management|§ 12-8-83. Use of Material Mixed With Dioxin or Other Hazardous Waste for Dust Suppression or Road Treatment Prohibited

 The use of waste or used oil or other material which is contaminated or mixed with dioxin or any other hazardous waste as defined in this article, other than a waste identified as a hazardous waste solely on the basis of ignitibility, for dust suppression or road treatment is prohibited.    (Code 1981, §12-8-83, enacted by Ga. L. 1985, p. 266, § 11; Ga. L. 1992, p. 2234, § 5.)   Law reviews.   - For note, "Regulating a Toxic Chemical: The Dioxin Controversy in Georgia," see 9 Ga. St. U.L. Rev 717 (1993).   RESEARCH REFERENCES   Liability for Dioxin Contamination, 25 POF3d 473.
GA Code § 12-8-90 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 2 - Hazardous Site Response|§ 12-8-90. Short Title

 This part shall be known and may be cited as the "Georgia Hazardous Site Response Act."    (Code 1981, §12-8-90, enacted by Ga. L. 1992, p. 2234, § 5.)   Law reviews.   - For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For article, "Georgia's Hazardous Site Response Act: Growing Pains for Georgia's Baby Superfund," see 9 Ga. St. B.J. 32 (2004). For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005). For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).   JUDICIAL DECISIONS   Applicability of cases construing CERCLA.    - While there are certain similarities between the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., and the Georgia Hazardous Site Response Act (HSRA), O.C.G.A. § 12-8-90 et seq., CERCLA does not afford the same procedural due process protections as the HSRA. It follows that cases cited under CERCLA are inapplicable. Reheis v. Baxley Creosoting & Osmose Wood Preserving Co., 268 Ga. App. 256, 601 S.E.2d 781 (2004).    Since the court held that there was sufficient evidence that the supplier proximately caused harm to the owner's property, the court did not need to reach the issue of whether the HSRA required proof of proximate cause. Sprayberry Crossing P'ship v. Phenix Supply Co., 274 Ga. App. 364, 617 S.E.2d 622 (2005).   Act does not waive sovereign immunity.    - Georgia Hazardous Site Response Act, O.C.G.A. § 12-8-90 et seq., provides an administrative environmental cleanup procedure and does not expressly waive sovereign immunity for any allegedly responsible governmental entity. McElmurray v. Augusta-Richmond County, 274 Ga. App. 605, 618 S.E.2d 59 (2005).    Cited in Couch v. Parker, 280 Ga. 580, 630 S.E.2d 364 (2006).   RESEARCH REFERENCES   CERCLA Liability of Parent, Subsidiary, and Successor Corporation, 34 POF3d 387.   Citizens' Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155.
GA Code § 12-8-91 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 2 - Hazardous Site Response|§ 12-8-91. (Effective July 1, 2022.) Declaration of Policy and Legislative Intent

  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 require corrective action for releases of hazardous wastes, hazardous constituents, and hazardous substances, without regard to when such releases may have occurred, into the environment that may pose a threat to human health or the environment and to provide incentives for the reduction of the amount of hazardous wastes generated or managed in the state. Additionally, the purpose of this part is to reduce the generation of hazardous wastes in this state and to encourage hazardous waste generators, prior to considering landfill disposal, to consider the following measures in descending order of preference:   Reduce the amount of wastes generated through improvement in industrial processes;   Isolate hazardous materials from mixtures in which they occur;   Reuse and recycle wastes in accordance with state and federal requirements;   Transfer wastes through clearing-houses so that they may be recycled in industrial processes;   Detoxify or neutralize wastes into less harmful substances or destroy such wastes; and   Store hazardous waste residues in aboveground facilities using encapsulation and monitoring.     The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the Hazardous Waste Trust Fund established by Code Section 12-8-95.     (Code 1981, §12-8-91, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 2002, p. 927, § 2; Ga. L. 2021, p. 761, § 6/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 § 12-8-93 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 2 - Hazardous Site Response|§ 12-8-93. Powers and Duties of Board

  In the performance of its duties, and in addition to the powers set forth in Code Section 12-8-64, the board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for corrective action for releases of hazardous wastes, hazardous constituents, and hazardous substances into the environment that pose a present or future danger to human health or the environment and to provide incentives for the reduction of the amount of hazardous wastes generated or managed in the state. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part.   The board's rules and regulations shall include, but shall not be limited to, the following:   Rules and regulations governing the reporting of releases of hazardous wastes, hazardous constituents, and hazardous substances, including rules and regulations governing reportable quantities;   Rules and regulations governing the investigation, cleanup, and corrective action at sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released regardless of the date when such disposal or release occurred, including rules and regulations establishing cleanup standards;   Rules and regulations governing procedures for placement of sites on and removal of sites from the hazardous site inventory required under the provisions of Code Section 12-8-97;   Rules and regulations governing procedures and criteria for making a determination whether property requires corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97;   Rules and regulations governing procedures for the filing in the deed records of the superior courts of additional affidavits concerning property for which an initial affidavit has been filed pursuant to Code Section 12-8-97; and   Rules and regulations governing the waiver of hazardous waste management fees and hazardous substance reporting fees as provided in subsection (i) of Code Section 12-8-95.1.       (Code 1981, §12-8-93, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 4; Ga. L. 1997, p. 564, § 1.)
GA Code § 12-8-94 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 2 - Hazardous Site Response|§ 12-8-94. (For Effective Date, See Note) Powers and Duties of Director

  In addition to the powers and duties specified in Code Section 12-8-65, the director shall have and may exercise the following powers and duties:   To make determinations, in accordance with procedures and criteria established by the board, as to whether property requires corrective action pursuant to the provisions of paragraph (8) of subsection (a) of Code Section 12-8-97;   To ensure that corrective action is taken for releases of hazardous wastes, hazardous constituents, or hazardous substances into the environment that pose a present or future danger to human health or the environment;   To collect fees for hazardous waste management activities and hazardous substance reporting;   To administer the hazardous waste trust fund and expend the principal and interest of such trust fund;   To appoint a hazardous waste trust fund advisory committee and to consult with that committee in developing rules and regulations regarding criteria for compilation of the hazardous site inventory, site priorities, uses of the fund, cleanup standards, and deed notations.At a minimum, the director shall appoint to the committee four representatives from local government, four representatives from business and industry, and four representatives from other interested parties.Upon promulgation of rules and regulations in accordance with this part, the director shall no longer be required to consult with the committee; provided, however, that the director shall consult with the committee from time to time as necessary to adopt, promulgate, modify, amend, or repeal rules and regulations in accordance with this part; and   The director shall have the authority to perfect, foreclose, negotiate, settle, release or cancel any lien filed under subsection (e) of Code Section 12-8-96, where such action is in the best interest of the state.     The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.     (Code 1981, §12-8-94, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 5; Ga. L. 1994, p. 483, § 4; Ga. L. 1997, p. 1050, § 2.)
GA Code § 12-8-96.2 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 2 - Hazardous Site Response|§ 12-8-96.2. Limitation of Liability of Corrective Action Contractors

  No corrective action contractor engaged in activities associated with the cleanup of environmental hazards created by others shall be liable for any damages arising from the release of a hazardous waste, hazardous constituent, or hazardous substance resulting from such activity in an amount greater than $1 million to any one person or $3 million to all persons for a single occurrence.The limitation of liability of this Code section shall not:   Affect any right of indemnification which such person has, or may acquire by contract, against any other person who is liable for creating an environmental hazard; or   Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process.     For purposes of Code Section 12-8-96.1 and this Code section, the phrase "activities associated with the cleanup of environmental hazards" shall mean activities including investigation, evaluation, planning, design, engineering, removal, construction, and ancillary services which are carried out to abate or cleanup a hazardous waste, hazardous constituent, or hazardous substance.   Nothing contained in this Code section shall be construed to be a waiver of the sovereign immunity of this state or of any agency or political subdivision of this state.     (Code 1981, §12-8-96.2, enacted by Ga. L. 1992, p. 2234, § 5.)
GA Code § 12-8-100 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-100. Short Title

 This part shall be known and may be cited as the "Georgia Voluntary Remediation Program Act."    (Code 1981, §12-8-100, enacted by Ga. L. 2009, p. 714, § 1/HB 248.)   Editor's notes.   - Former Code Section 12-8-100, formerly part of Article 4, concerning the Georgia Hazardous Waste Management Authority, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 1.
GA Code § 12-8-101 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-101. Policy Declaration

  It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels, to protect current and likely future use of groundwater, and to ensure the cost-effective allocation of limited resources that fully accomplish the provisions, purposes, standards, and policies of this part.   The General Assembly declares its intent to encourage voluntary and cost-effective investigation and remediation of qualifying properties under this part and that provisions of this part shall apply and take precedence over any conflicting provisions, regulations, or policies existing under Part 2 of this article with regard to any properties properly enrolled in the voluntary remediation program created under this part.     (Code 1981, §12-8-101, enacted by Ga. L. 2009, p. 714, § 1/HB 248.)   Editor's notes.   - Former Code Section 12-8-101, formerly part of Article 4, concerning definitions, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 3; Ga. L. 1988, p. 1934, § 1; Ga. L. 1991, p. 1740, § 1; Ga. L. 1992, p. 2234, § 6.
GA Code § 12-8-103 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-103. Rules and Regulations

 The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to facilitate the accomplishment of the provisions, purposes, standards, and policies of this part.    (Code 1981, §12-8-103, enacted by Ga. L. 2009, p. 714, § 1/HB 248.)   Editor's notes.   - Former Code Section 12-8-103, formerly part of Article 4, concerning the powers of the Georgia Hazardous Waste Management Authority, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 4; Ga. L. 1991, p. 1740, § 5.
GA Code § 12-8-104 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-104. Powers and Duties of Director

  The director shall have the power and duty:   To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program;   To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans;   To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports;   To concur with certifications of compliance;   To collect, assess, receive, administer, and disperse funds obtained from application and reimbursement fees for the purpose of carrying out the duties and powers under this part;   To enter into such agreements and contracts as required to accomplish the purposes of this part; and   To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state.     The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.     (Code 1981, §12-8-104, enacted by Ga. L. 2009, p. 714, § 1/HB 248; Ga. L. 2010, p. 531, § 1/SB 78; Ga. L. 2011, p. 752, § 12/HB 142.)   Editor's notes.   - Former Code Section 12-8-104, formerly part of Article 4, concerning the power of the Georgia Hazardous Waste Management Authority to fix rentals, charge and collect rentals, and enter into leases and other contracts, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 9.