reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-74 - Judgment in accordance with final orders

Any order of the hearing officer issued after a hearing as provided in Code Section
12-8-73
or any order of the director issued pursuant to Code Section
12-8-71
or
12-8-96
, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to Code Section
12-8-73
, and from which no further review is taken or allowed under Code Section
12-8-73
, may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the director 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 the county wherein the violation occurred or in which jurisdiction is appropriate, whereupon such superior 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-75 - Powers of director in situations involving imminent and substantial endangerment to environment or to public health

Notwithstanding any provision of this article to the contrary, the director, upon receipt of evidence that the past or present handling, storage, treatment, transportation, or disposal of any solid waste or hazardous waste is presenting or may present imminent and substantial endangerment to the environment or to the health of humans, may bring an action as provided in Code Section
12-8-72
to restrain immediately any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has caused or is causing or has contributed or is contributing to such handling, storage, treatment, transportation, or disposal to stop such handling, storage, treatment, transportation, or disposal or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such past or present handling, storage, treatment, transportation, or disposal. Notwithstanding Code Sections
12-8-71
,
12-8-72
,
12-8-73
,
12-8-74
,
12-8-81
, and
12-8-96
, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under the first sentence of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-76 - Legal assistance by Attorney General

It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-77 - Contracts to provide solid waste handling, reclamation, or recycling services

(a)
Any provision of law to the contrary notwithstanding, in order to comply with this article, with the federal act, or with applicable state and federal rules, regulations, or guidelines, or in order to be eligible for grants-in-aid and other allotments, the State of Georgia, the division, and each municipal corporation and county in this state are authorized, at the discretion of its governing authority, to enter into valid and binding contracts with each other or with private persons, firms, associations, or corporations to provide solid waste handling, reclamation, and recycling services to such private persons, firms, associations, or corporations, or to each other.
(b)
As used in this Code section, the terms "solid waste handling," "solid waste," "reclamation," and "recycling" shall be construed to have the meanings given them in Code Section
12-8-62
or in the rules and regulations effective under this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-78 - Public access to information; protection of confidential information; access to confidential information by federal government and courts

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-81 - Civil penalties; procedures for imposing penalties

(a)
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.
(b)
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
.
(c)
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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
(6)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 2 - HAZARDOUS SITE RESPONSE (§§ 12-8-90 — 12-8-97) › Section 12-8-90 - Short title

This part shall be known and may be cited as the "Georgia Hazardous Site Response Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 2 - HAZARDOUS SITE RESPONSE (§§ 12-8-90 — 12-8-97) › Section 12-8-91 - Declaration of policy and legislative intent

(a)
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:
(1)
Reduce the amount of wastes generated through improvement in industrial processes;
(2)
Isolate hazardous materials from mixtures in which they occur;
(3)
Reuse and recycle wastes in accordance with state and federal requirements;
(4)
Transfer wastes through clearing-houses so that they may be recycled in industrial processes;
(5)
Detoxify or neutralize wastes into less harmful substances or destroy such wastes; and
(6)
Store hazardous waste residues in aboveground facilities using encapsulation and monitoring.
(b)
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
.
Amended by 2021 Ga. Laws 290,§ 6, eff. 7/1/2022.
Amended by 2002 Ga. Laws 853, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 2 - HAZARDOUS SITE RESPONSE (§§ 12-8-90 — 12-8-97) › Section 12-8-93 - Powers and duties of board

(a)
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.
(b)
The board's rules and regulations shall include, but shall not be limited to, the following:
(1)
Rules and regulations governing the reporting of releases of hazardous wastes, hazardous constituents, and hazardous substances, including rules and regulations governing reportable quantities;
(2)
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;
(3)
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
;
(4)
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
;
(5)
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
(6)
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
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 2 - HAZARDOUS SITE RESPONSE (§§ 12-8-90 — 12-8-97) › Section 12-8-94 - Powers and duties of director

(a)
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:
(1)
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
;
(2)
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;
(3)
To collect fees for hazardous waste management activities and hazardous substance reporting;
(4)
To administer the hazardous waste trust fund and expend the principal and interest of such trust fund;
(5)
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
(6)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 2 - HAZARDOUS SITE RESPONSE (§§ 12-8-90 — 12-8-97) › Section 12-8-96.2 - Limitation of liability of corrective action contractors

(a)
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:
(1)
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
(2)
Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-100 - Short title

This part shall be known and may be cited as the "Georgia Voluntary Remediation Program Act."
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-101 - Policy declaration

(a)
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.
(b)
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.
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 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.
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-104 - Powers and duties of director

(a)
The director shall have the power and duty:
(1)
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;
(2)
To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans;
(3)
To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports;
(4)
To concur with certifications of compliance;
(5)
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;
(6)
To enter into such agreements and contracts as required to accomplish the purposes of this part; and
(7)
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.
(b)
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.
Amended by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
Amended by 2010 Ga. Laws 488,§ 1, eff. 5/24/2010.
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-104.1 - Voluntary Remediation Escrow Account established; role and duties of director

(a)
There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section
12-8-209
, and such fees shall be held in an interest-bearing account.
(b)
The director is authorized to expend the principal balance of the escrow account for costs incurred in administering the voluntary remediation program including reimbursing state contractors used in the administration of such program. The director is also authorized to expend interest earned on the account for the administration of the voluntary remediation program; provided, however, that interest funds collected must be expended within the same fiscal year in which the interest was earned and any interest not so expended shall be deposited in the state treasury. Any unused funds remaining following the conclusion of a project shall be deposited in the general treasury.
Amended by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
Added by 2010 Ga. Laws 488,§ 2, eff. 5/24/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-105 - Criteria for property qualifying for voluntary remediation program

In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:
(1)
The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section
12-8-205
or otherwise have a release of regulated substances into the environment;
(2)
The property shall not:
(A)
Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. Section 9601
, et seq.;
(B)
Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or
(C)
Be a facility required to have a permit under Code Section
12-8-66
;
(3)
Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and
(4)
Any lien filed under subsection (e) of Code Section
12-8-96
or subsection (b) of Code Section
12-13-12
against the property shall be satisfied or settled and released by the director pursuant to Code Section
12-8-94
or Code Section
12-13-6
.
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 3 - GEORGIA VOLUNTARY REMEDIATION PROGRAM (§§ 12-8-100 — 12-8-108) › Section 12-8-106 - Criteria for participants in voluntary remediation program

A participant in the voluntary remediation program must meet the following criteria:
(1)
Be the property owner of the voluntary remediation property or have express permission to enter another's property to perform corrective action including, to the extent applicable, implementing controls for the site pursuant to written lease, license, order, or indenture;
(2)
Not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and
(3)
Meet other such criteria as may be established by the board pursuant to Code Section
12-8-103
.
Amended by 2013 Ga. Laws 33,§ 12, eff. 4/24/2013.
Added by 2009 Ga. Laws 144,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 5 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 12-8-120 — 12-8-123) › Section 12-8-120 - Short title

This article shall be known and may be cited as the "Southeast Interstate Low-Level Radioactive Waste Management Compact."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 5 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 12-8-120 — 12-8-123) › Section 12-8-121 - Compact enacted and entered into by State of Georgia

The Southeast Interstate Low-Level Radioactive Waste Management Compact is enacted into law and entered into by the State of Georgia.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 5 - SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT (§§ 12-8-120 — 12-8-123) › Section 12-8-123 - Appointment of members of Southeast Interstate Low-Level Radioactive Waste Management Commission and their alternates

The members of the commission from the State of Georgia and their alternates shall be appointed by the Governor to serve as members of the commission and alternates at the pleasure of the Governor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 6 - MITIGATING EFFECT OF HAZARDOUS MATERIALS DISCHARGE (§§ 12-8-140 — 12-8-142) › Section 12-8-140 - Definitions

As used in this article, the term:
(1)
"Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
(2)
"Discharge" means leakage, seepage, or other release of hazardous materials on land or into a river, stream, lake, or other body of water or into the air.
(3)
"Hazardous materials" means any material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(A)
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(B)
Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(4)
"Person" means an individual, partnership, association, corporation, firm, or other entity.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 6 - MITIGATING EFFECT OF HAZARDOUS MATERIALS DISCHARGE (§§ 12-8-140 — 12-8-142) › Section 12-8-141 - Immunity for persons providing assistance or advice

(a)
Except as otherwise provided in this Code section, no person who upon request provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or in preventing, or in attempting to prevent, such a discharge shall be subject to civil liabilities or penalties of any type.
(b)
Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability of any person for damages or other civil liabilities or penalties of any type resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct.
(c)
Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability for damages or other civil or criminal liabilities or penalties of any type of any person whose conduct caused in whole or in part or contributed to such actual or threatened discharge of hazardous material.
(d)
Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability of any person for civil or criminal liabilities or penalties pursuant to Part 1 of Article 3 of this chapter or the legal responsibility of any person to comply with Part 1 of Article 3 of this chapter.
(e)
Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability for damages or other civil or criminal liabilities or penalties of any person, as defined in this article, who receives or expects to receive compensation or any pecuniary benefit, directly or indirectly, from any source, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 6 - MITIGATING EFFECT OF HAZARDOUS MATERIALS DISCHARGE (§§ 12-8-140 — 12-8-142) › Section 12-8-142 - Report of persons providing assistance

Any person who provides assistance or advice under subsection (a) of Code Section
12-8-141
shall file a written report with the director. The reports shall be filed within five days of the rendering of such assistance or advice and shall detail the assistance and advice rendered and, when applicable, the location and method of disposal of any hazardous materials disposed of as a part of such assistance or advice. This Code section shall not apply to any local, state, or federal agency or government nor to any employee thereof.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-160 - Legislative findings and declarations

The General Assembly finds and declares that:
(1)
The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;
(2)
Packaging comprises a significant percentage of the overall solid waste stream;
(3)
The presence of heavy metals in packaging is a concern in light of the likely presence of heavy metals in emissions or ash when packaging is incinerated or in leachate when packaging is landfilled;
(4)
Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;
(5)
It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of heavy metals to packaging; and
(6)
It is desirable to achieve reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-161 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Distributor" means a person who takes title to products or packaging purchased for resale.
(3)
"Manufacturer" means a person who offers for sale or sells products or packaging to a distributor.
(4)
"Package" means a container which provides a means of marketing, protecting, or handling a product, including a unit package, intermediate package, or a shipping container. The term "package" also includes, but is not limited to, unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(5)
"Packaging component" means any individual assembled part of a package, including but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping except for steel strapping which contains less than 100 ppm lead, coatings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-162 - Prohibition against sale of packages containing lead, cadmium, mercury, or hexavalent chromium; allowable concentration levels

(a)
On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board.
(b)
On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a product in a package which includes, in the package itself or in any of the packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board.
(c)
The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in a package or packaging component established by the board shall not exceed the following:
(1)
Six hundred parts per million by weight on and after July 1, 1994;
(2)
Two hundred fifty parts per million by weight on and after July 1, 1995; and
(3)
One hundred parts per million by weight on and after July 1, 1996.
Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using American standard of testing materials test methods, as revised, or United States Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-163 - Exempt packaging

The following packaging and packaging components are exempt from the requirements of this article:
(1)
Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1994;
(2)
Packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative if the manufacturer of a package or packaging component petitions the board for an exemption from the provisions of this article for a particular package or packaging component. The board may grant a two-year exemption, if warranted by the circumstances, and an exemption may, upon meeting either criterion of this paragraph, be renewed for two years. For purposes of this paragraph, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents;
(3)
Packages and packaging components that would not exceed the maximum contaminant levels established but for the addition of postconsumer materials; or
(4)
All alcohol products bottled prior to January 1, 1994.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-164 - Certificates of compliance

On and after July 1, 1994, each manufacturer or distributor of packaging or packaging components shall make available to purchasers, the board, and the general public, upon request, certificates of compliance which state that the manufacturer's or distributor's packaging or packaging components comply with, or are exempt from, the requirements of this article. If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or distributor shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-165 - Rules and regulations

The board shall be authorized to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 7 - PRODUCT PACKAGING (§§ 12-8-160 — 12-8-166) › Section 12-8-166 - Violation of article

Any person who violates any provision of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-180 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Commissioner" means the commissioner of natural resources.
(3)
"Division" means the Pollution Prevention Assistance Division of the Department of Natural Resources.
(4)
"Division director" means the director of the division.
(5)
"Environmental Protection Division" means the Environmental Protection Division of the Department of Natural Resources.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-181 - Establishment of division; appointment of director; voluntary activities of businesses and industries

(a)
There is established within the Department of Natural Resources the Pollution Prevention Assistance Division. The commissioner shall appoint a division director, subject to the approval of the board, who shall serve at the pleasure of the commissioner.
(b)
Any other provision of this article to the contrary notwithstanding, participation by private businesses and industries in the assistance activities of the division shall be voluntary.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-182 - Administrative responsibility of division; duty of division director; rules and regulations of board

(a)
The division shall have responsibility for the administration of this article.
(b)
The division director shall assist the commissioner in instituting activities to fulfill the purposes of this article.
(c)
The board shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article.
Amended by 2002 Ga. Laws 462, § 12, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-183 - Pollution prevention assistance plan

(a)
Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by businesses and industries within the state in programs and activities designed to prevent the pollution of the environment by the products and by-products of such businesses and industries. The plan shall establish the objectives of the division and address such matters as the division deems appropriate.
(b)
The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for comment. The division shall seek and encourage public comment on the plan and shall document and consider such comments.
(c)
The division shall present a final plan to the commissioner within 60 days after publication for public comment. If the commissioner approves, the division shall implement the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-184 - Confidentiality of information provided by business or industry; ownership of reports and plans

The division shall not disclose to the public any information designated by law as confidential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction assessments and activities. Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of such business or industry, except as otherwise agreed to and except for such reports as otherwise required by law to be the property of the division.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-185 - Duty of division to advise on rules and regulations governing toxic substances

The division shall advise the director of the Environmental Protection Division on rules and regulations of the Environmental Protection Division governing toxic substance production, use, transport, distribution, and release into the workplace or the environment.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-186 - Biennial report of division

On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate a report of the division's operations and activities pursuant to this article and an assessment of the future hazardous waste disposal capacity needs of the state. The report shall review progress toward pollution prevention and environmental waste reduction goals, provide an evaluation of progress by businesses and industries in this state, and make any appropriate recommendations for legislative action. The report shall include a proposed work plan for the following biennium which will provide, to the extent possible, an evaluation of projects and strategies for bringing about voluntary pollution prevention and waste reduction, alternatives to toxic use, objectives, financing, and institutional innovations. The report may also include amendments to the plan required under Code Section
12-8-183
.