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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-30.7 - Unlawful acts

It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under 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 12-8-30.8 - Penalties for violations

(a)
Any person who:
(1)
Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2)
Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A)
Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;
(B)
In knowing violation of any material condition or requirement of such permit or order; or
(C)
In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section
12-8-23
;
(3)
Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regulations promulgated pursuant to this part;
(4)
Knowingly processes, stores, treats, transports, disposes of, or otherwise handles any solid waste as defined in this part, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or
(5)
Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest
shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(b)
An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent's action is authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization.
(c)
Any sheriff, deputy sheriff, or other peace officer or local code enforcement officer shall have the authority to enforce the provisions of subsection (c) of Code Section
12-8-40.1
.
Amended by 2013 Ga. Laws 123,§ 4, eff. 4/30/2013.
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 12-8-30.9 - Powers of local governmental bodies and state not limited by this part

No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:
(1)
On the power of a municipality, county, authority, or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;
(2)
On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;
(3)
On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or
(4)
On the power of any state agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer.
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 12-8-30.10 - Exemption for private individuals

This part shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health.
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 12-8-33 - Recycling Market Development Council

(a)
Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1)
Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, tire, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2)
One member who is an elected or appointed municipal official to be appointed by the Governor;
(3)
One member who is an elected or appointed member of a county governing authority to be appointed by the Governor;
(4)
One member appointed by the Speaker of the House of Representatives;
(5)
One member appointed by the President of the Senate; and
(6)
One representative each from the Department of Administrative Services; the Department of Economic Development; the Department of Community Affairs; and the Department of Natural Resources.
(b)
The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient.
(c)
The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.
Amended by 2023 Ga. Laws 80,§ 1, eff. 7/1/2023.
Amended by 2005 Ga. Laws 333,§ 11, eff. 7/1/2005.
Amended by 2004 Ga. Laws 569, § 11, eff. 7/1/2004.
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 12-8-33.1 - [Repealed] Improper disposal of computer equipment; Computer Equipment Disposal and Recycling Council created; compensation; powers and duties

Repealed by 2007 Ga. Laws 18,§ 12, eff. 7/1/2007.
Added by 2002 Ga. Laws 905, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-34 - Labeling rigid plastic containers or bottles

(a)
On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section.
(b)
On and after January 1, 1991, any rigid plastic container or rigid plastic bottle manufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container. Such coding shall conform with the following:
(1)
Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise "7-other" is appropriate.
(2)
The label code shall consist of a number placed inside a triangle and letters placed below the triangle as required by paragraph (3) of this subsection. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path around the code number;
(3)
The numbers and letters used on labels described in this Code section and their interpretations shall be as follows:
"1-PETE" (polyethylene terephthalate)
"2-HDPE" (high-density polyethylene)
"3-V" (vinyl)
"4-LDPE" (low-density polyethylene)
"5-PP" (polypropylene)
"6-PS" (polystyrene)
"7-OTHER" (all other resins and layered multimaterial)
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 12-8-35 - Review of purchases and purchasing specifications, practices, and procedures by commissioner of administrative services

(a)
The commissioner of administrative services shall:
(1)
By July 1, 1990, commence a review of all goods and products purchased to determine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report of his findings with the General Assembly and the Governor; and
(2)
By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and specifications which concern or impact the purchase of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be economically infeasible or which would cause the state to sacrifice quality or performance standards or would unduly restrict free and open competition among vendors.
(b)
In conducting any review required under this Code section, the commissioner of administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253.
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 12-8-36 - State agency recycling and collection programs

(a)
The Georgia Building Authority is authorized to establish and coordinate a state-wide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations, including, but not limited to, aluminum and steel cans, plastic and glass bottles, and all grades of paper, including corrugated cardboard, and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and implementing the recycling program.
(b)
Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for its own recycling program for recovered materials generated as a result of its own agency operations.
Amended by 2009 Ga. Laws 166,§ 2, 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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-37 - Financial aid from federal government or other sources

The director shall be the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management.
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 12-8-37.1 - State grants authorized

(a)
The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part.
(b)
The director shall administer all funds granted by the state pursuant to this Code section.
(c)
The corpus of the Solid Waste Trust Fund established in Code Section
12-8-27.1
may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development.
Amended by 2021 Ga. Laws 290,§ 3, eff. 7/1/2022.
Amended by 2005 Ga. Laws 390,§ 8, eff. 5/10/2005.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-38 - Funds generated by division; use for operation and maintenance; deposit of unexpended funds

Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and maintenance of that area. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section
45-12-92
, prior to expending any such miscellaneous funds.
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 12-8-39.1 - Program for reduction of municipal solid waste on per capita basis

Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste, as evidenced by the solid waste received at disposal facilities, which are not exempt from subsection (c) of Code Section
12-8-21
, within its jurisdiction consistent with the goal established in subsection (c) of Code Section
12-8-21
.
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 12-8-39.2 - [Repealed] Reports of costs of solid waste management services

Repealed by 2011 Ga. Laws 76,§ 2, eff. 7/1/2011.
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 12-8-39.3 - Authorization to enforce collection of taxes, fees, or assessments

(a)
Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted by a county governing authority may provide that the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions.
(b)
The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992, or adopted thereafter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-40 - Exemption for livestock-feeding facility

This article shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, partnership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a "ten-year storm," such individual shall be further exempt regardless of total per head capacity. Nothing in this part shall limit the right of any person to use poultry or other animal manure for fertilizer.
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 12-8-40.2 - Yard trimmings disposal restrictions

(a)
Each city, county, or solid waste management authority may impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction; provided, however, that under no circumstances shall yard trimmings be placed in or mixed with municipal solid waste, except at:
(1)
Landfills restricted to construction or demolition waste;
(2)
Inert waste landfills; or
(3)
Lined municipal solid waste landfills having operating landfill gas collection systems directed to beneficial uses of landfill gas that promote renewable energy goals such as electrical power generation, industrial end use, or similar beneficial reuse.
(b)
Except as otherwise provided in subsection (a) of this Code section, owners and operators of municipal solid waste landfills shall be prohibited from disposing of yard trimmings in municipal solid waste landfills.
(c)
The Board of Natural Resources is authorized to develop guidelines to assist local governing authorities and others in the orderly stockpiling of yard trimmings at suitable sites, the chipping and composting of yard trimmings, and the distribution of the products resulting from such chipping and composting.
Amended by 2011 Ga. Laws 70,§ 4, eff. 5/11/2011.
Amended by 2005 Ga. Laws 390,§ 13, eff. 5/10/2005.
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 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 1 - GENERAL PROVISIONS (§§ 12-8-20 — 12-8-41) › Section 12-8-40.3 - Disposal of shingles containing asphalt

It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills.
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 12-8-41 - Department to provide permits

The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Public Health for these purposes) under Code Section
31-2A-12
may continue to operate under such Code section until July 1, 2014, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter.
Amended by 2012 Ga. Laws 699,§ 1A, eff. 5/1/2012.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2011 Ga. Laws 244,§ 3-4, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-12, eff. 7/1/2009.
Amended by 2007 Ga. Laws 45,§ 4, eff. 5/14/2007.
Amended by 2005 Ga. Laws 423,§ 1, eff. 5/10/2005.
Added by 2002 Ga. Laws 853, § 1A, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 2 - SOLID WASTE MANAGEMENT (§§ 12-8-20 — 12-8-59.2) › Part 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-50 - Short title

This part shall be known and may be cited as the "Regional Solid Waste Management Authorities 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 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-53 - Creation of authorities

(a)
There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "solid waste management authority" of such county or municipal corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolution of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation.
(b)
Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the "regional solid waste management authority" for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.
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 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-55 - Quorum; majority vote requirement

A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.
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 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-57 - Limitation on liability of members, officers, or employees of authority

Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from:
(1)
The design, construction, ownership, maintenance, operation, or management of a project; or
(2)
The carrying out of any of the discretionary powers or duties expressly provided for in 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 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-59 - Bonds or other obligations not indebtedness of state or political subdivision

No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursuant to this part. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
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 2 - REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES (§§ 12-8-50 — 12-8-59.2) › Section 12-8-59.1 - Liberal construction of part; bonds not subject to other state law; other authorities

(a)
This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," or any other law.
(b)
A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence.
Amended by 2008 Ga. Laws 528,§ 10, 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 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-60 - Short title

This part shall be known as and may be cited as the "Georgia Hazardous 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 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-61 - Legislative policy

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 institute and maintain a comprehensive state-wide program for the management of hazardous wastes through the regulation of the generation, transportation, storage, treatment, and disposal of hazardous wastes.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-63 - Administration of article by division; enforcement of article by director

The division shall be the state agency to administer this article. The director shall be the official charged with the primary responsibility for the enforcement of this article. In exercising any authority or power granted by this article and in fulfilling his duties under this article, the director shall conform to and implement the policies outlined in this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-65.2 - Updating plans and reports; technical assistance; information available to public

(a)
All large quantity hazardous waste generators shall complete and submit to the director a hazardous waste reduction plan on or before March 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first updated biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board.
(b)
Subject to available funding, the Georgia Institute of Technology shall provide technical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports.
(c)
The director shall maintain a copy of each hazardous waste reduction plan and biennial progress report received. This information shall be available to the public at the director's or the division's office.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-65.3 - Plans and reports by out-of-state generators storing, treating, or disposing of hazardous waste in state

(a)
For the purposes of this Code section, "out-of-state generator" means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia.
(b)
As a condition of allowing any out-of-state generator to store, treat, or dispose of hazardous waste at a hazardous waste disposal facility located within the State of Georgia, such out-of-state generator shall prepare and submit to the director upon his request a hazardous waste reduction plan and biennial hazardous waste reduction progress reports in substantial compliance with the requirements of Code Sections
12-8-65.1
and
12-8-65.2
.
(c)
No hazardous waste disposal facility shall accept hazardous waste from an out-of-state generator unless the out-of-state generator presents to the owner or operator of the hazardous waste facility certification that the out-of-state generator is in compliance with the provisions of subsection (b) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner of such generator. It shall be unlawful to make a false statement on such certification and the making of a false statement shall be punishable as an act of false swearing under Code Section
16-10-71
.
(d)
The requirements of Code Sections
12-8-65.1
and
12-8-65.2
and of subsections (a), (b), and (c) of this Code section shall not apply to any hazardous waste generator which is a generator as a consequence of any remediation or cleanup programs conducted either voluntarily or through legal actions under either the Resource Conservation and Recovery Act of 1976 (Public Law 94-580,
42 U.S.C. Section 6901
, et seq.), as amended, or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), as amended, and shall not apply to a commercial hazardous waste treatment, storage, or disposal facility upon certification to the director that because of the nature of its business operation or process such facility cannot meet the waste reduction requirement prescribed under Code Sections
12-8-65.1
and
12-8-65.2
and subsections (a), (b), and (c) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner of such facility. It shall be unlawful to make a false statement on such certification and the making of such false statement shall be punishable as an act of false swearing under Code Section
16-10-71
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-65.4 - Duplication of prior reporting requirements not required

Nothing contained in Code Sections
12-8-65.1
through
12-8-65.3
or Code Section
12-8-66
shall require a duplication of reporting requirements under this article as it existed prior to July 1, 1990.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-67 - Hazardous waste in transit to be accompanied by manifest

No hazardous waste shall be transported across, within, or through this state unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all hazardous waste from the point of generation through handling, storage, treatment, and disposal. A copy of the manifest shall be transmitted to the director as often as is required by the rules and regulations adopted by the board pursuant to this article.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-69 - Variances

(a)
Unless variances are prohibited by the federal act or the standards, rules, and regulations promulgated thereunder, the director may grant variances from the requirements of this article or the rules and regulations effective under this article whenever the director finds that compliance with any provision of this article or any standard, rule, or regulation will result in an arbitrary and unreasonable taking of property or will result, in effect, in the closing and elimination of any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the public, provided that no variance shall be granted where the effect of a variance will permit the continuation of a condition which poses an undue present or potential threat to the environment or to the health of humans; provided, further, that any variance so granted shall not be construed so as to relieve any person from any liability imposed by law or rule and regulation.
(b)
Variances may be granted for such periods of time and under such provisions and conditions as shall be specified by the director.
(c)
As a condition precedent to the issuance of a variance, the director may require the filing of a bond in accordance with Code Section
12-8-68
, sufficient to ensure compliance with the terms and conditions of the variance. The director may require that the bond shall remain in effect until all terms and conditions of the variance are met and compliance is achieved with this article and the rules and regulations promulgated under this article.
(d)
Upon failure of a person to comply with the terms and conditions of any bond or any variance issued by the director, a variance may be amended, modified, suspended, or revoked, or the bond may be forfeited by the director or ordered to be modified or amended. The proceeds from any forfeited bond shall be deposited in either the hazardous waste facility trust fund in accordance with Code Section
12-8-68
or the hazardous waste trust fund in accordance with Code Section
12-8-91
, as the director deems appropriate.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-70 - Inspections and investigations

(a)
The director or the director's authorized representative, upon presentation of his credentials, shall have a right to enter upon, to, or through premises of persons subject to this article, or premises whereon a violation of the article or rules and regulations is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples, copy all records relating to hazardous wastes, and inspect for compliance with the requirements imposed under this article or the rules and regulations or to determine whether such a violation or threatened violation exists in accordance with the following purposes:
(1)
For the purpose of determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article;
(2)
For the purpose of investigating conditions relating to hazardous waste management or hazardous waste management practices where the director is in possession of information sufficient to form a reasonable belief that a violation of this article or the rules and regulations is occurring or is about to occur;
(3)
For the purpose of determining whether there has been a violation of any of the provisions of this article, the rules and regulations promulgated under this article, or any permit or order issued pursuant to this article and the rules and regulations; or
(4)
For the purpose of determining whether a release of hazardous wastes, hazardous constituents, or hazardous substances is occurring or has occurred.
(b)
In the event any person does not consent to an inspection or investigation, the director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation.
(c)
Each such inspection or investigation shall be commenced and completed with reasonable promptness. If the director or his authorized representatives obtain any samples prior to leaving the premises, he or they shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
(d)
Any person whom the agency has reason to believe is contributing to or may have contributed to or may be responsible for a release of or the disposal of hazardous wastes, hazardous constituents, or hazardous substances or who is the owner of real property where a release or disposal has occurred or is suspected to have occurred, when requested by the director, shall furnish to the director any information which that person may have or may reasonably obtain which is relevant to the release and has been requested 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 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-71 - Proceedings for enforcement

(a)
Whenever the director has reason to believe that a violation of any provision of this part, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this part, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
(b)
Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
(c)
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 pursuant to Code Section
12-8-73
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-72 - Application for 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 would constitute a violation of this article, the rules and regulations, or any order or permit conditions, he may apply to the superior court of the county in which the violative 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 the article, the rules and regulations, 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.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 8 - WASTE MANAGEMENT (§§ 12-8-1 — 12-8-211) › Article 3 - HAZARDOUS WASTE (§§ 12-8-60 — 12-8-108) › Part 1 - HAZARDOUS WASTE MANAGEMENT (§§ 12-8-60 — 12-8-83) › Section 12-8-73 - Hearings on contested matters; judicial review

All hearings on and the review of contested matters, orders, or permits and all hearings on and the review of any other enforcement actions or orders under this article shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
. The hearing and review procedure herein provided is to the exclusion of all other means of hearing or review.