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 8 - POLLUTION PREVENTION ASSISTANCE DIVISION (§§ 12-8-180 — 12-8-189) › Section 12-8-187 - Preparation by division of biennial report of hazardous waste generators and capacity assurance plan

The division may, at the direction of the commissioner, prepare the biennial report of hazardous waste generators required under Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986 and prepare the capacity assurance plan required under
40 C.F.R. 262.41
.
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 12-8-188 - Biennial needs assessment report on hazardous waste management facility

The division shall no less than biennially assess capacity, demand, generation, and other factors which may affect the determination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement and shall include in the biennial report required by Code Section
12-8-186
a needs assessment report relative to the need for such a facility and the continued need for the assessment required by this Code section.
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 12-8-189 - Transfer of personnel and facilities of Georgia Hazardous Waste Management Authority and other state programs to division

(a)
On October 1, 1993, the staff and physical and financial assets, property, records, and programs of the Georgia Hazardous Waste Management Authority shall be transferred to the division for administration and use by the division. Any funding subsequent to October 1, 1993, designated for or to such authority shall be directed to the division for administration and use by the division. Upon approval of the commissioner, the staff of the division may serve as staff to such authority for such periods of time as is determined by the commissioner to be necessary.
(b)
State programs of waste reduction, pollution prevention, and reporting implemented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division.
Added by 2004 Ga. Laws 564, § 12, eff. 5/13/2004.
Repealed 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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-200 - Short title

This article shall be known and may be cited as the "Georgia Brownfield Act."
Amended by 2014 Ga. Laws 530,§ 1, eff. 7/1/2014.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-201 - Public policy

(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 encourage the clean up, reuse, and redevelopment of properties where there have been releases of hazardous waste, hazardous constituents, and hazardous substances, into the environment.
(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 division with application review fees established and collected by the division pursuant to Code Section
12-8-209
. The General Assembly further declares its intent to ensure that the funding provided by the application review fees will not be diverted for any purpose other than the administration of this article by the division. Appropriation of funds to the Department of Natural Resources for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section
12-8-95
shall be deemed consistent with this declaration of legislative intent.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-202 - Definitions

(a)
Unless otherwise provided in this article, the definition of all terms included in Code Sections
12-8-62
and
12-8-92
shall be applicable to this article.
(b)
As used in this article, the term:
(1)
"Corrective action plan" means the corrective action plan required by Code Section
12-8-207
.
(2)
"Ground water" means any subsurface water that is in a zone of saturation.
(3)
"Petroleum" means petroleum, including crude oil or any fraction thereof (including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, kerosene, or jet turbine fuel), that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
(4)
"Preexisting release" means a release, as such term is defined in paragraph (11) of Code Section
12-8-92
, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to this article. The term "preexisting release" includes but is not limited to release of petroleum even if such release is from an underground storage tank system as defined in paragraph (18) of Code Section
12-13-3
.
(5)
"Property interest" means any interest in real property, without regard to whether such interest is exclusive or possessory.
(6)
"Prospective purchaser" means a person who intends to acquire a property interest in a property where there is a preexisting release or a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring such property interest in a property where there is a preexisting release.
(7)
"Qualifying property" means a property which meets the criteria of Code Section
12-8-205
.
(8)
"Risk reduction standards" means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter.
(9)
"Soil" means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith.
(10)
"Source material" means any preexisting release that acts or may likely act as a reservoir for continued releases to ground water, soil, surface water, or air or act as a source for direct exposure.
Amended by 2014 Ga. Laws 530,§ 2, eff. 7/1/2014.
Amended by 2012 Ga. Laws 699,§ 1C, eff. 5/1/2012.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-203 - Rules and regulations

(a)
The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain qualifying properties. 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 article.
(b)
The board's rules and regulations shall include, but shall not be limited to, the following:
(1)
Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability;
(2)
Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and
(3)
Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Amended by 2005 Ga. Laws 384,§ 1, eff. 7/1/2005.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-204 - 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 article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability;
(2)
To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards;
(3)
To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance;
(4)
To approve corrective action plans;
(5)
To concur with certifications of compliance; and
(6)
To assess and collect application review fees from prospective purchasers.
(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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-205 - Criteria for property to qualify for limitation of liability

In order to be considered a qualifying property for a limitation of liability as provided in Code Section
12-8-207
, a property shall meet the following criteria:
(1)
The property shall have a preexisting release;
(2)
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
12-13-6
, and satisfactory provision shall have been made as determined by the director for the repayment to the division of any funds expended by the division from the federal Leaking Underground Storage Tank Trust Fund;
(3)
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 issued pursuant to the provisions of such act; or
(C)
Be a hazardous waste facility, as defined in Code Section
12-8-62
, that is currently subject to a permit for the treatment, storage, or disposal of hazardous waste issued pursuant to Code Section
12-8-66
; and
(4)
The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.
Amended by 2014 Ga. Laws 530,§ 3, eff. 7/1/2014.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-206 - Criteria for prospective purchasers to qualify for limitation of liability

(a)
To qualify for a limitation of liability as provided in Code Section
12-8-207
, a prospective purchaser must meet the following criteria:
(1)
The prospective purchaser must not be a person who has contributed or who is contributing to a release at the qualifying property;
(2)
Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any person who has contributed or is contributing to a release at the subject property;
(3)
Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the subject property or any person who has contributed or is contributing to a release at the subject property;
(4)
The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and
(5)
The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section
12-8-203
.
(b)
The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that:
(1)
Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;
(2)
The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and
(3)
In all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section
12-8-96.1
.
The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such variance.
Amended by 2005 Ga. Laws 384,§ 2, eff. 7/1/2005.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-209 - Initial compliance status report

The initial compliance status report or a corrective action plan submitted for any qualifying property under Code Section
12-8-207
shall be deemed to be an application to participate in the program described in this article and shall be submitted in such form as may be prescribed by the director. By making said initial submission, the prospective purchaser agrees to the provisions of this Code section. A nonrefundable application review fee of $3,000.00 shall be submitted with the application. Within 30 days of the receipt of the application, the director shall cause to be prepared and delivered to the applicant an estimate of the projected costs of the division to review the application. The director may, at any time during the application review process, invoice the applicant for any costs of the division in reviewing the application that exceed the initial application review fee. Failure to remit payment within 30 days of receipt of invoice may cause rejection of the application. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the prospective purchaser.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-210 - Applicability of limitation of liability to persons who purchased after July 1, 2002, and before July 1, 2005

The provisions of this article applicable to prospective purchasers shall also apply to any person who purchased a property after July 1, 2002, and before July 1, 2005, where there was a preexisting release at the time of purchase, such purchaser did not cause or contribute to such preexisting release, and such purchaser applies for the limitation of liability provided by this article on or before January 1, 2006.
Added by 2005 Ga. Laws 384,§ 4, eff. 7/1/2005.
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 9 - GEORGIA BROWNFIELD ACT (§§ 12-8-200 — 12-8-211) › Section 12-8-211 - Application to identified purchasers

The limitation of liability provided under this article shall also apply to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who subsequently obtains the director's approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance for the qualifying property.
Added by 2014 Ga. Laws 530,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-1 - Short title

This article shall be known and may be cited as "The Georgia Air Quality Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-2 - Declaration of public policy

It is declared to be the public policy of the State of Georgia to preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to attain and maintain ambient air quality standards so as to safeguard the public health, safety, and welfare consistent with providing for maximum employment and full industrial development of the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-4 - Designation of division as agency to administer article

The division is designated as the state agency to administer this article consistent with the policy stated in Code Section
12-9-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-8 - Renewal or revision of permit

(a)
Upon proper application, the director may renew, revise, modify, amend, or reissue a permit for an additional term.
(b)
If an application for permit renewal has not been denied or a renewal permit issued by the date the current permit expires or if issuance or denial of the permit renewal is contested pursuant to Code Section
12-9-15
and administrative or judicial review has not resulted in a final determination by the date the current permit expires, the conditions of the current permit shall remain binding and enforceable until such time as a final determination on the permit renewal is issued.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-9 - Notice requirements for permit applications and actions regarding permits

(a)
Upon receipt of a completed application for issuance of a Title V permit or a Title V permit modification, amendment, or renewal and as otherwise provided by rule or regulation, the director shall:
(1)
Require a public notice to be published in a paper of general circulation in the county in which the source or facility proposes to operate notifying the citizens that an application for a permit has been received and providing the public with an opportunity to request a public hearing and submit public comment. All such notices shall include a brief description of the proposed activity. Responsibility for publishing such notice shall rest with the applicant;
(2)
Transmit to the administrator a copy of the application or such portion thereof as the administrator may require to review the application and to carry out the administrator's responsibility under the federal act; and
(3)
Notify all states whose air quality may be affected and that are contiguous to the state or that are within 50 miles of the source of each permit application or proposed permit forwarded to the administrator under this Code section. The director shall provide an opportunity for such states to submit written recommendations respecting the issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the director, the director shall notify the state submitting the recommendations and the administrator in writing of the director's reasons for not accepting those recommendations.
(b)
In the event of a modification, amendment, suspension, or a revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reasons for the action.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-11 - Inspections and investigations

For the purpose of (1) determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article, or (2) investigating conditions relating to air pollution or possible air pollution, where the director is in possession of information sufficient to form a reasonable belief that air pollution or possible air pollution in violation of this article is occurring or about to occur, the director or his authorized representative, upon presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to this article or premises whereon a violation of this article is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, sample emissions, and inspect for compliance with the requirements imposed under this article or to determine whether such a violation or threatened violation exists; provided, however, that this Code section in no way limits the authority of any other person or entity to inspect any source or facility as may be provided by the federal act.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-12 - 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 an unlawful action under this article, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice or for an order requiring compliance with this article. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy of law.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-13 - Proceedings for enforcement

Whenever the director has reason to believe that a violation of any provisions of this article or rule or regulation of the Board of Natural Resources or any order of the director has occurred, he may issue such orders and take such actions as are authorized by this article to require such person or persons to remedy the violation so as to be in compliance with this article. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the department pursuant to Code Section
12-9-15
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-14 - Powers of director in situations involving imminent and substantial danger to public health

Notwithstanding any other provision of this article, the director, upon receipt of evidence that a source or facility or combination of sources or facilities is presenting imminent and substantial danger to the health of persons, may bring an action as provided in Code Section
12-9-12
immediately to restrain any person causing or contributing to the alleged pollution through the emission of air contaminants to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source or facility. Prior to issuing an order under this Code section, the director shall consult with local authorities in order to confirm the correctness of the information on which action proposed to be taken is based and to ascertain the action which such authorities are or will be taking. Notwithstanding Code Sections
12-9-12
,
12-9-13
, and
12-9-15
, such order shall be immediately effective for a period of not more than 24 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 a period of 48 hours or such longer period 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 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-15 - Hearing; judicial review

(a)
(1)
Any person who is aggrieved or adversely affected by any order or action of the director pursuant to this article shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. Such action shall be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner.
(2)
The provisions of subparagraph (c)(2)(B) of Code Section
12-2-2
shall apply to proceedings under this Code section.
(b)
Persons are aggrieved or adversely affected where the challenged action has caused or will cause them injury in fact or where the injury is to an interest within the zone of interests to be protected or regulated by the director pursuant to this article. A person shall also be considered aggrieved or adversely affected solely for purposes of administrative and judicial review pursuant to this article if he actively participated in the public hearing and comment process and the director decided the matter adverse to his interest. A continuous and substantial involvement in the review process, including attendance at public hearings and submission in writing of specific objections to the permit as proposed and specific suggested permit conditions or limitations which the person believes are required to implement the provisions of this article, shall constitute active participation. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearing or review.
Amended by 2005 Ga. Laws 156,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-16 - Hearings and review

Any order of a hearing officer issued after a hearing as provided in Code Section
12-9-15
or
12-9-22
, or any order of the director issued under Code Section
12-9-13
,
12-9-20
, or
12-9-22
, either:
(1)
Unappealed from, as provided in those Code sections; or
(2)
Affirmed or modified pursuant to judicial review provided by this article or Chapter 13 of Title 50 and from which no further review is taken may be filed as a final order by certified copy from the director, in the superior court of the county wherein the person resides, or if the person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, whereupon the 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 the 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 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-17 - Legal assistance by Attorney General

It shall be the duty of the Attorney General to represent the director or designate some member of his staff 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 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-18 - Powers of Governor as to air quality control generally

Notwithstanding any other provision of this article relating to the authority, power, and responsibility of the Board of Natural Resources, department, division, or director, the Governor is authorized to designate air quality regions within the state as provided in
42 U.S.C. Section 7407(e)
; petition the President as provided in
42 U.S.C. Section 7410(f)
; make application to the administrator pursuant to
42 U.S.C. Section 7411(g)
; consent to waivers pursuant to
42 U.S.C. Section 7411(j)
; require measures to prevent economic disruption of employment pursuant to
42 U.S.C. Section 7425
; redesignate areas of the state to allow maximum industrial development pursuant to
42 U.S.C. Section 7474
; recommend variances pursuant to
42 U.S.C. Section 7475
; designate organizations pursuant to
42 U.S.C. Section 7504
; and to take such other specific acts required by governors under
42 U.S.C. Section 7401
, et seq.; all subject to the Governor's power to delegate such authority by executive order or otherwise to the director.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-19 - Protection of confidential information obtained by division

Information relating to secret processes, devices, or methods of manufacture or production obtained by the division in the administration of this article shall be kept confidential; provided, however, reports on the nature and amounts of stationary source emissions obtained by the division shall be available for public inspection from the division. This Code section shall have no effect on the division's duty to provide such information to the administrator, or his agents or representatives, pursuant to the federal act.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-20 - Continuation in effect of rules, regulations, and permits

(a)
To the extent that they are consistent with the provisions of this article, all rules and regulations issued by the department before July 1, 1992, shall continue in full force and effect.
(b)
Any permit issued by the department pursuant to this article before July 1, 1992, shall continue in effect until the permittee is required by law to obtain a new or amended permit.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-21 - Effect of article on powers of Board of Natural Resources, department, division, and director

Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order:
(1)
With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations if such locations are not subject to regulation under the federal act;
(2)
Affecting the relations between employers and employees with respect to or arising out of any air conditions if such relations are not subject to regulation under the federal act; except that a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the director under Code Section
12-9-13
or the administrator under
42 U.S.C. Section 7413(d)
may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants;
(3)
Limiting or restricting the owners of any forest land from burning over their own land, provided that such burning is consistent with the requirements of the federal act; or
(4)
Limiting or restricting burning over any agricultural tract, lot, or parcel greater than five acres for purposes of any existing, expanded, or new agricultural operations as such term is defined by Code Section
1-3-3
, provided that such burning is consistent with the requirements of the federal act and is limited to vegetative material.
Amended by 2018 Ga. Laws 295,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 1 - AIR QUALITY (§§ 12-9-1 — 12-9-25) › Section 12-9-23 - Civil penalties; procedures for imposing penalties

(a)
Any person violating any provision of this article or rules or regulations promulgated pursuant to this article or any permit condition or limitation established pursuant to this article, or failing or refusing to comply with any final order of the director issued as provided in this article shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation.
(b)
Whenever the director has reason to believe that any person has violated any provision of this article or any rules or regulations promulgated pursuant to this article or any permit condition or has failed or refused to comply with any final order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provisions of this article or any rule or regulation promulgated pursuant to this article or any permit condition, or has failed or refused to comply with any final order of the director, the hearing officer shall issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section
12-9-15
.
(c)
In rendering a decision under subsection (b) of 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 assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying compliance;
(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 taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure;
(4)
Any prior violations by such person, or failures by such person to comply with, statutes, regulations, orders, or permits administered, adopted, or issued by the director;
(5)
The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation or failure;
(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.
(d)
All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57) › Section 12-9-40 - Short title

This article shall be known and may be cited as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57) › Section 12-9-41 - Legislative findings

With respect to the ambient air quality in this state, the General Assembly finds that:
(1)
Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act,
42 U.S.C. Section 7401
, et seq., as amended; and that the USEPA has determined that under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties;
(2)
In order to comply with federal health related air standards in counties where the USEPA has determined that excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles, it is necessary to monitor and limit emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties;
(3)
The USEPA has the duty, by law, to designate those areas of the state violating the NAAQS and has and will, from time to time, as facts dictate, designate those counties or areas of the state violating the NAAQS for ozone and carbon monoxide, and the USEPA has the duty, by law, to establish criteria to determine whether the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in such counties;
(4)
With respect to such designations, when counties or areas are designated to have ambient air levels of pollutants in excess of the NAAQS and according to the criteria established by the USEPA the excess levels of pollution are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles, the state is under a duty to provide a plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS if the state is to maintain its authority to permit new or expanded industry in such county or area; and
(5)
Failure of the state to provide a legally enforceable mechanism pursuant to state law for reducing such pollutants in such counties or areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds; further, new or expanded industry which would contribute to the ambient air level of such pollutants would be subject to significant new emission control requirements to offset increased emissions.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57) › Section 12-9-42 - Declaration of public policy

It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone or carbon monoxide or both are in excess of the NAAQS, as designated by the USEPA and such levels, according to the criteria established by the USEPA, are directly related to the emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; and to that end to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties or areas of the state by requiring that emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; shall be subject to inspection of exhaust emissions, evaporative emissions, inspection and maintenance of emission control equipment, and inspection and maintenance of on-board diagnostics to ensure compliance with such emission standards.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57) › Section 12-9-44 - Uniformity and scope of application of article

This article shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through regulation, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall continue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area and approves an air quality implementation plan which allows the state to maintain the NAAQS in such county without a vehicle inspection program.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 9 - PREVENTION AND CONTROL OF AIR POLLUTION (§§ 12-9-1 — 12-9-70) › Article 2 - MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE (§§ 12-9-40 — 12-9-57) › Section 12-9-47 - Further powers and duties of board; designation of department personnel as board's agents

(a)
The board shall have and may exercise the following powers and duties under this article:
(1)
To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to this article;
(2)
To prescribe by rule or regulation procedures for licensing mechanic inspectors under this article;
(3)
To prescribe by rule or regulation procedures for certification of authorized emission inspection stations which shall be certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article;
(4)
To prescribe by rule or regulation forms, applications, certificates, licenses, or other documentation which may be required by the department to administer and implement this article;
(5)
To prescribe by rule or regulation procedures, standards, and methods for inspecting emission inspection stations or other establishments to enforce and ensure compliance with the requirements of this article;
(6)
To prescribe by rule or regulation procedures or methods of scheduling responsible motor vehicles for emission inspection during any inspection term; and
(7)
To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require that any such vehicle undergo an official emission inspection as prescribed by subsection (a) of Code Section
12-9-48
, whether or not such vehicle is covered by a valid certificate of emission inspection. The board may prescribe that the owner of any such vehicle which fails to pass such inspection perform repairs and pass a reinspection in the same manner as provided by subsection (d) of Code Section
12-9-48
.
(b)
With respect to the powers vested in the board pursuant to subsection (a) of this Code section, the board may designate personnel of the department as the board's agents in exercising the powers so vested.