reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-10 - Annual report by department

Following the close of each state fiscal year, the department shall submit an annual report of its activities and program administration expenditures for the preceding year pursuant to this chapter to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the Ways and Means Committee of the House of Representatives, the chairperson of the Senate Finance Committee, the chairpersons of the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate, and the chairpersons of the Natural Resources and Environment Committee of the House of Representatives and the Natural Resources and the Environment Committee of the Senate, and make such report available to the General Assembly.
Amended by 2019 Ga. Laws 222,§ 4, eff. 7/1/2019.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-11 - Authority to promulgate rules and regulations

The department shall promulgate rules and regulations as necessary to implement the provisions of this chapter.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-12 - Annual grant when state owns property; calculations

(a)
Each county in which is located 20,000 acres or more of unimproved real property belonging to the state and under the custody or control of the department, in which such state-owned property exceeds 10 percent of the taxable real property in the county, and in which such property represents 10 percent or more of the assessed tax digest of the county may receive from the department an annual grant as provided in this Code section.
(b)
For each county eligible to receive a grant pursuant to subsection (a) of this Code section, the department shall calculate the approximate value of public services which the county provides the department each year; provided, however, that such sum shall not exceed the amount the county would charge any other landowner for such services. The department shall request funds in its annual operating budget each year to reimburse all eligible counties for the provision of such services. In the event the amount appropriated in any year is less than the amount requested, each eligible county shall receive a pro rata share based on the estimated value of services provided.
(c)
The department is directed to make an annual calculation of the amount of unimproved state-owned real property under its custody or control and determine which counties are eligible for a grant pursuant to subsection (a) of this Code section. The first such determination shall be completed not later than December 31, 2020, and each subsequent determination shall be made not later than December 31 of each year. The department is further directed to calculate the approximate value of public services provided by each eligible county as provided in subsection (a) of this Code section.
(d)
Only land acquired with Outdoor Stewardship Trust Fund moneys shall be used in the calculation of this grant.
(e)
No more than 10 percent of Outdoor Stewardship Trust Fund moneys shall be allocated to grants to offset local taxes during any fiscal year.
(f)
No county shall be authorized to receive a grant of funds pursuant to both this Code section and Code Section
48-14-1
.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-1 - Short title

This chapter shall be known and may be cited as the "Erosion and Sedimentation Act of 1975."
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-2 - Legislative findings; policy of state and intent of chapter

It is found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of this state and the intent of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-4 - Adoption of comprehensive ordinances relating to land-disturbing activities; delegation of responsibility to planning and zoning commission; other local ordinances relating to land development; effect of chapter on design professionals

(a)
The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or storm-water management; and the properties to which any of the types of ordinances identified in this Code section shall apply, whether or not such ordinances are integrated, shall include without limitation property owned by the local governing authority or by a local school district, except as otherwise provided by Code Section
12-7-17
.
(b)
Nothing in this chapter shall be construed as to limit or exclude any design professional, including but not limited to any professional engineer or registered land surveyor, or Natural Resource Conservation Service employee, within any county, municipality, or consolidated government in this state from performing such professional services as may be incidental to the practice of his or her profession, including any and all soil erosion and sedimentation control plans, storm-water management reports including hydrological studies, and site plans, when such professional has demonstrated competence through such qualifications, education, experience, and licensing as required for practice in this state by applicable provisions of Title 43 related to such profession; provided, however, that any such person shall be subject to the requirements of Code Section
12-7-19
.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
Amended by 2003 Ga. Laws 45, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-5 - Adoption of rules and regulations for localities without ordinances

The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall contain provisions which meet those minimum requirements set forth in Code Section
12-7-6
.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-9 - Applications for permits; erosion and sediment control plans and data; time for issuance or denial

(a)
Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant to this chapter. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in Code Section
12-7-6
shall be met. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board.
(b)
No permit shall be issued to any applicant unless the local issuing authority affirmatively determines that the plan embracing such activities meets the requirements of Code Section
12-7-6
. All applicable fees shall be paid prior to issuance of the land disturbance permit by the local issuing authority.
(c)
Permits shall be issued or denied as soon as practicable after the application therefor has been filed with the local issuing authority, but in any event not later than 45 days thereafter.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-10 - Referral of application and plan to district; time for action

Except as otherwise provided by Code Section
12-7-7
, immediately upon receipt of an application for a permit the application and plan for sediment and erosion control shall be referred to the appropriate district wherein such land-disturbing activities are proposed to take place, for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan proposed by the applicant. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-11 - Statement of reasons for denial of permit required; conditions for approval; suspension, revocation, or modification of permit

(a)
Within the time specified by Code Section
12-7-9
, the local issuing authority shall issue or deny the permit. The local issuing authority, upon denial of a permit, shall state its reasons for the denial, setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this chapter shall be carried out in accordance with this chapter and the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this chapter. The local issuing authority shall specify on the permit the conditions under which the activity may be undertaken.
(b)
The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his or her successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his or her successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him or her as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-13 - Injunctions

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 would constitute a violation of this chapter, the rules and regulations adopted pursuant to this chapter, or any order or permit conditions in a county or municipality which is not certified pursuant to subsection (a) of Code Section
12-7-8
, he or she may make application 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 in which the violative act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations adopted pursuant to this chapter, or the order or permit condition. Upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-14 - Actions to restrain imminent danger; emergency orders; duration of effectiveness of orders

(a)
Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that certain land-disturbing activities occurring in a municipality or county which is not certified pursuant to subsection (a) of Code Section
12-7-8
are presenting an imminent and substantial danger to the environment or to the health of humans, the director may bring an action as provided in Code Section
12-7-13
to restrain immediately any person causing or contributing to the danger caused by such land-disturbing activities or to take such other action as may be necessary.
(b)
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 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 land-disturbing activities. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 48 hours, unless the director brings an action under subsection (a) 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.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-15 - Civil penalty

Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-16 - Hearings and review

All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-18 - Effect of chapter on requirements of the "Georgia Water Quality Control Act."

No provision of this chapter shall authorize any person to violate Article 2 of Chapter 5 of this title, the "Georgia Water Quality Control Act," or the rules and regulations promulgated and approved under said article or to pollute any waters of this state as defined in said article.
Amended by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-20 - Creation of Stakeholder Advisory Board; responsibilities; procedures

(a)
There shall be a Stakeholder Advisory Board to consist of not more than 13 members.
(b)
Members shall be appointed by the Governor, shall serve at the pleasure thereof, and shall represent the following interests:
(1)
The division;
(2)
The commission;
(3)
Soil and water conservation districts;
(4)
The Department of Transportation;
(5)
Municipal governments;
(6)
County governments;
(7)
Public utilities;
(8)
The engineering and design community;
(9)
The construction community;
(10)
The development community;
(11)
The environmental community;
(12)
The Erosion and Sediment Control Overview Council; and
(13)
Educators.
(c)
The Stakeholder Advisory Board shall elect one of its members as chairperson. The chairperson shall call all meetings of the Stakeholder Advisory Board.
(d)
The Stakeholder Advisory Board shall be responsible for working together with the division and the commission to establish, evaluate, and maintain the education and training program established pursuant to Code Section
12-7-19
, including but not limited to reviewing course curricula, educational materials, and exam and testing procedures; evaluating trainer and instructor qualifications; and reviewing audit results performed by the commission.
(e)
The Stakeholder Advisory Board may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Meetings shall be held on the written notice of the chairperson. The notice of a meeting shall set forth the date, time, and place of the meeting. Minutes shall be kept of all meetings.
(f)
A majority of the members shall constitute a quorum of the Stakeholder Advisory Board. The powers and duties of the Stakeholder Advisory Board shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members present at a meeting at which a quorum is present.
(g)
Members of the Stakeholder Advisory Board shall not be entitled to any compensation for the rendering of their services to the Stakeholder Advisory Board.
Added by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-21 - [Reserved] Appointment of panel to study controls implemented pursuant to chapter; procedure and operation of panel

Reserved.
Added by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 7 - CONTROL OF SOIL EROSION AND SEDIMENTATION (§§ 12-7-1 — 12-7-22) › Section 12-7-22 - Electronic filing and reporting system

In order to achieve efficiencies and economies for both the division and the regulated community by the use of electronic filing for certain application and reporting requirements of this chapter and National Pollution Discharge Elimination System permits, the division and the Pollution Prevention Assistance Division of the department shall jointly work toward implementing such an electronic filing and reporting system as soon as practicable and allowable under federal regulations.
Added by 2003 Ga. Laws 36, § 5, eff. 7/1/2003.
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 1 - GENERAL PROVISIONS (§§ 12-8-1 — 12-8-2) › Section 12-8-1 - Notice of denial of individual sewage disposal permits; duty to consider denial in ad valorem tax determinations

(a)
As used in this Code section, the term "individual sewage disposal system" means a sewage disposal system, other than a public or community sewage disposal system, serving a single building, residence, or other facility designed or used for human occupancy or congregation and shall include septic tank systems and pit privies.
(b)
In any case in which an application for an individual sewage disposal system permit is denied, it shall be the duty of the Department of Public Health or the county board of health denying such permit to notify the applicant, in writing, of such denial. Such notices shall be mailed by first-class mail within 15 days of the date on which the application is denied. The notice shall contain the name and address of the applicant, a description of the property involved, the reasons for denial of the permit, and notification that the applicant should contact the county board of tax assessors for ad valorem tax purposes. It shall be the duty of the county board of tax assessors and the county tax appraisal staff of the county in which the property is located to consider the denial of an individual sewage disposal system permit and the reasons for such denial in determining the fair market value of such property for ad valorem tax purposes.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
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 1 - GENERAL PROVISIONS (§§ 12-8-1 — 12-8-2) › Section 12-8-2 - Dumping sanitary sewer, kitchen, or toilet wastes in storm or sanitary sewers prohibited; forfeiture of involved vehicles

(a)
No person, firm, or corporation shall place, dump, dispose of, or cause to be placed, dumped, or disposed of in a public storm or sanitary sewer pipeline or through manholes thereof, or otherwise, any contents or matter of or from any septic tank, waste water holding tank, grease trap, or other container serving the purpose of a septic tank, waste water holding tank, or grease trap, which contents or matter is made up wholly or partly by the sanitary sewer, kitchen, or toilet waste from any residential source or commercial or industrial waste from business processes from any commercial or industrial facility, unless the express written permission of the owner of such public storm or sewer pipeline is first obtained.
(b)
Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
Any motor vehicle, trailer, and all other property and instruments utilized in the hauling, transporting, dumping, placing, or disposition of any contents or matter in any public sewer in violation of subsection (a) of this Code section are declared to be contraband and shall be subject to forfeiture according to the terms, provisions, conditions, and procedures set out in Chapter 16 of Title 9.
Amended by 2015 Ga. Laws 98,§ 3-12, eff. 7/1/2015.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-20 - Short title

This part shall be known and may be cited as the "Georgia Comprehensive Solid Waste Management 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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-24.1 - Certification of municipal solid waste disposal facility operators

(a)
After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section.
(b)
After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operator is certified under this Code section. All inspectors of municipal solid waste disposal facilities shall be certified to inspect the same.
(c)
The division is authorized to cooperate with the University System of Georgia or with any other appropriate organization approved by the director to develop a certification program which conforms with the requirements of this part. The division may classify all municipal solid waste disposal facilities required to have operators certified under this part with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such municipal solid waste disposal facilities according to the skill, knowledge, and experience that the operator in responsible charge must have to operate the facilities successfully so as to protect the public health and welfare and prevent environmental problems.
(d)
Any certificate granted under this Code section shall be renewable as provided by rules of the board.
(e)
The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this Code section.
(f)
Upon application, a certificate may be issued without examination in a comparable classification to any person who holds a valid current certificate in any state, territory, or possession of the United States or any other country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this part and are of a standard not lower than that specified by regulations adopted under this part and provided, further, that reciprocal privileges are granted to certified operators of this state.
(g)
The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when the director finds that the operator has practiced fraud or deception; that reasonable care or judgment or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-24.2 - Public hearing prior to entering contract regarding landfill

The governing authority of any county or municipal corporation and the directors or managers of any local authority or special district shall hold a public hearing before entering into a contract for the sale, lease, or management of a landfill or solid waste disposal facility owned by such county, municipal corporation, local authority, or special district. The party responsible for holding such a public hearing shall cause notice of the hearing to be posted at the site of the landfill or facility and to run in a newspaper of general circulation serving the county, municipal corporation, local authority, or special district not less than 30 nor more than 45 days prior to the date of the hearing.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-24.3 - Notification of contaminant release from landfill

The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any release from the site of such landfill of a contaminant which is likely to pose a danger to human health. In addition, such owner or operator shall cause notice of such release to be published in the legal organ of the county in which such landfill is located. Compliance with the requirements of this Code section shall occur within 14 days of confirmation of such release by the division.
Added by 2016 Ga. Laws 359,§ 1, eff. 7/1/2016.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-25.1 - Sites within 5,708 yards of national historic site

In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geographic center of any of the three sites currently designated in Georgia as a National Historic Site; provided, however, that the director may permit a solid waste disposal facility at such a site if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-25.2 - Sites within two miles of significant ground-water recharge area

No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-25.3 - Further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range

(a)
Notwithstanding the provisions of Code Section
12-8-25.2
, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste management activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area.
(b)
In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contiguous and such counties or special districts have entered into a joint contract for the collection and disposal of solid waste.
(c)
No permit or modification of an existing permit shall be issued for land application of untreated municipal sewage sludge located in an area designated by Hydrologic Atlas 18 prepared by the Department of Natural Resources as a significant ground-water recharge area including, but not limited to, those areas designated as probable areas of thick soils.
(d)
(1)
Notwithstanding any other provision of law or any administrative regulation or action to the contrary, no permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range. The provisions of this subsection shall apply to all permit applications pending on or after July 1, 1997, and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date.
(2)
This subsection shall not prohibit or prevent any municipal solid waste landfill that was permitted and operational on July 1, 1997, from expanding its operation into an area outlined in paragraph (1) of this subsection.
Amended by 2020 Ga. Laws 376,§ 1, eff. 6/29/2020.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-25.5 - Locating disposal facility near private recreational camp

No permit shall be issued for any new municipal solid waste disposal facility if any part of the premises proposed for permitting is within one mile of any private recreational camp operated primarily for use by persons under 18 years of age and which camp has been so operated at its location for 25 years or more.
Added by 2004 Ga. Laws 431, § 1, eff. 4/1/2004.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-26 - Public meetings on site selection; notice; decision

(a)
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.
(b)
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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-27.2 - Financial responsibility

(a)
No solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility or to carry out any corrective action which may be required as a condition of a permit. The available financial responsibility mechanisms shall be expansive with adequate variety and flexibility to allow the owner or operator to meet its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities, utilizing actuarially sound risk-spreading techniques. The director shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste handling facility.
(b)
The provisions of this Code section shall not apply to any county, municipality, authority, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste handling facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-28 - Lead acid vehicle batteries

(a)
After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(b)
After January 1, 1991, no battery retailer shall dispose of a used lead acid vehicle battery except by delivery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(c)
After January 1, 1991, any person selling lead acid vehicle batteries at retail or offering lead acid vehicle batteries for retail sale in this state shall:
(1)
Accept, at the point of transfer, lead acid vehicle batteries from customers for recycling; and
(2)
Post written notice, which must be at least 8 1/2 inches by 11 inches in size and must contain the universal recycling symbol and the following language:
"IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE. RECYCLE YOUR USED BATTERIES. STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING."
(d)
After January 1, 1991, any person selling lead acid vehicle batteries at wholesale or offering lead acid vehicle batteries for sale at wholesale must accept, at the point of transfer, lead acid vehicle batteries from customers.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-29.2 - Confidentiality of information obtained by director or agents

(a)
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.
(b)
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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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 accordance with subsection (c) of Code Section
12-2-2
.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 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.