reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-13 - Cease and desist orders

Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he or she may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-14 - Injunctions; restraining and other orders

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 chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter. 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 at law.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-15 - Imminent and substantial danger; remedies of director

Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section
12-12-14
to restrain immediately any person causing or contributing to the alleged danger 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 may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section
12-12-17
, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section
12-12-14
before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-16 - Civil penalty for violation; hearing and judicial review; disposition of penalties

(a)
Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter 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 chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he or she may, upon written notice, require a hearing before an administrative law judge appointed by the board to determine whether applicable civil penalties should be imposed. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and judicial review shall be conducted in accordance with subsection (c) of Code Section
12-2-2
.
(c)
All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-17 - Hearing and judicial review procedure

All hearings on and judicial review of orders or other administrative enforcement actions of the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-18 - Judgment in accordance with order of director or administrative law judge

Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-19 - Attorney General to provide legal representation

It shall be the duty of the Attorney General to provide legal representation to the director in connection with this chapter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-20 - Sovereign immunity not waived; legal duties of contractor, project monitor, or asbestos worker not relieved by chapter

Nothing in this chapter is intended to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Toxic Substances Control Act or the federal Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the federal Occupational Safety and Health Act or by other applicable federal statutes.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 12 - ASBESTOS SAFETY ACT (§§ 12-12-1 — 12-12-21) › Section 12-12-21 - Sovereign immunity

Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee thereof for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-1 - Short title

This chapter shall be known as and may be cited as the "Georgia Underground Storage Tank Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-2 - 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 environments, to institute and maintain a comprehensive state-wide program for the management of regulated substances stored in underground tanks.
(b)
It is the intent of the General Assembly that the Environmental Protection Division of the Department of Natural Resources shall be designated as the state agency to administer the provisions of this chapter. The director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with the primary responsibility for the enforcement of this chapter. In exercising any authority or power granted by this chapter and in fulfilling duties under this chapter, the director shall conform to and implement the policies outlined in this chapter.
(c)
It is the intent of the General Assembly to create an environmental assurance fund which, in addition to those purposes set forth in subsections (f) and (g) of Code Section
12-13-9
, may also be used by owners and operators as an alternate to insurance purchased from insurance companies for purposes of evidencing financial responsibility for taking corrective action and compensation of third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating underground storage tanks.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-4 - Exceptions to chapter

This chapter shall not apply to the following:
(1)
Any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(2)
Any tank used for storing heating oil for consumptive use on the premises where stored;
(3)
Any septic tank;
(4)
Any pipeline facility, including gathering lines:
(A)
Regulated under the Natural Gas Pipeline Safety Act of 1968,
49 U.S.C. Section 1671
, et seq.;
(B)
Regulated under the Hazardous Liquid Pipeline Safety Act of 1979,
49 U.S.C. Section 2001
, et seq.; or
(C)
Which is an intrastate pipeline facility regulated under state law comparable to the provisions of law referred to in subparagraph (A) or (B) of this paragraph;
(5)
Any surface impoundment, pit, pond, or lagoon;
(6)
Any storm-water or waste-water collection system;
(7)
Any flow-through process tank;
(8)
Any liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or
(9)
Any storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel), if the storage tank is situated upon or above the surface of the floor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-5 - Rules and regulations; enforcement powers

In the performance of its duties, the board shall have and may exercise the power to:
(1)
Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this chapter as the board may deem necessary to provide for the management of regulated substances stored in underground tanks to protect the environment and health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this chapter. The rules and regulations shall include all requirements necessary for consistency with applicable federal law and federal regulations and shall include, but shall not be limited to, the following:
(A)
Standards and control measures applicable to underground storage tanks and owners or operators of underground storage tanks. These standards and control measures may include, but are not limited to:
(i)
Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;
(ii)
Requirements for maintaining records of any monitoring or leak detection system or inventory controls or inventory control system or tank testing or comparable system;
(iii)
Requirements for reporting of any releases and corrective actions taken in response to a release from an underground storage tank; and
(iv)
Requirements for notification regarding the existence of operational or nonoperational underground storage tanks;
(B)
Requirements for maintaining evidence of financial responsibility consistent with applicable federal law and federal regulation; and
(C)
Performance standards for underground storage tanks brought into use on or after the effective date of such standards. The performance standards for new underground storage tanks shall include, but are not limited to, design, construction, installation, release detection, and compatibility standards; and
(2)
Take all necessary steps to ensure the effective enforcement of this chapter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-7 - Performance standards applicable until rules and regulations effective

Until the effective date of rules and regulations adopted by the board pursuant to Code Section
12-13-5
, no person may install an underground storage tank for the purpose of storing regulated substances unless such tank meets the performance standards established pursuant to the federal act.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-8 - Investigations

(a)
The director, an authorized employee of the department, or an authorized contractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a violation of this chapter or the rules and regulations adopted pursuant to this chapter is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relating to the storage of regulated substances in underground tanks, and to inspect for compliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter, or to determine whether such a violation or threatened violation exists.
(b)
In the event any person does not consent to an inspection or investigation, the director or an authorized employee of the department shall have the power to seek a warrant authorizing the inspection or investigation.
(c)
The director, an authorized employee of the department, or an authorized contractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter or premises whereon a release of a regulated substance in violation of this chapter or the rules and regulations adopted pursuant to this chapter is reasonably believed to be occurring or is reasonably believed to have previously occurred to investigate, take samples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter in order to determine whether such a current release or past release exists and to conduct appropriate corrective action for any release which may currently exist or may have existed.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-12 - Recovery in event of discharge or threat of discharge of regulated substance; lien

(a)
Except as otherwise provided for in subsections (b), (b.1), and (c) of Code Section
12-13-11
, in the event of any discharge or threatened discharge of a regulated substance, the state or any of its agencies may recover in a civil action from any owner, operator, or other responsible person all costs incurred by the state or any of its agencies or moneys from the federal Leaking Underground Storage Tank Trust Fund in the assessment and the cleanup of any release of a regulated substance and all costs incurred in the prevention, abatement, or removal of any threatened discharge of a regulated substance, including reasonable attorney's fees and any other necessary costs of response incurred by the state or any of its agencies. All moneys recovered for costs incurred under the Underground Storage Tank Trust Fund shall be deposited into the principal of the Underground Storage Tank Trust Fund. The state shall have a lien on the real property on which the underground storage tanks which caused the discharge are located, even if owned by a person other than the owner or operator, provided the owner or operator is in privity with the real property owner.
(b)
The lien provided for above shall be perfected by filing a certified copy of any judgment obtained against the owner or operator with the clerk of superior court for entry on the general execution docket in the county in which any real property of the owner or operator is located or where the real property on which the leaking underground storage tanks were operated is located.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-14 - Corrective action for violations of chapter, rules and regulations, or orders and for release of regulated substance into environment

(a)
Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred, he shall attempt to remedy the same by conference, conciliation, or persuasion. In 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 the chapter or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the order. An 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
12-13-16
.
(b)
Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material 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, or 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 current owner or operator or any past owner or operator who has contributed to such release. The order may direct that necessary corrective action may be taken within a reasonable time to be prescribed in the order.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-15 - Injunctions and restraining orders

Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations, or any order or permit conditions, he may make application 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 the owner or operator resides for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations, or the order; and 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 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-16 - Hearings and review

All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section
12-2-2
. The hearing and review procedure provided in such Code section is to the exclusion of all other means of hearing or review.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-17 - Judgment in accordance with division's order

Any order of a hearing officer issued after a hearing as provided in Code Section
12-13-16
or any order of the director issued pursuant to Code Section
12-13-14
, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to Code Section
12-13-16
, from which no further review is taken or allowed under Code Section
12-13-16
may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the director in superior court of the county wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The superior court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall be the same as though said 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 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-18 - Required compliance with chapter; proof that petroleum subjected to environmental fee; violations of chapter; access to property

(a)
It shall be unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter. The owner or operator of any underground storage tank for petroleum shall maintain proof that all petroleum stored in such tank after July 1, 1988, was subjected to the environmental fee imposed in subsection (a) of Code Section
12-13-10
.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, it shall be a violation of this chapter to:
(1)
Cause or permit the release of a regulated substance from an underground storage tank into the environment; or
(2)
Install an underground storage tank that does not meet the minimum standards pursuant to this chapter or the rules promulgated pursuant to this chapter.
(c)
Any real property owner adjoining a leaking underground storage tank site who refuses to allow either the owner or operator or the division, through its agents or contractors, access for purposes of providing corrective action for any pollution that may have migrated onto the adjoining real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of that pollution plume should it migrate off that real property onto the real property of another.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-20 - Emergency orders; hearing

Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-21 - Public access to records

(a)
Any records, reports, or information obtained from any person pursuant to this chapter shall be available to the public, except that upon a showing satisfactory to the director by any person that such records, reports, or information or a particular part thereof to which the director or any officer, employee, or representative thereof has access pursuant to this chapter, if made public, would divulge information entitled to protection under
18 U.S.C. Section 1905
, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that statute. However, such confidential record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the State of Georgia or the United States concerned with carrying out this chapter or the federal act or, when relevant, in any proceedings under this chapter or the federal act.
(b)
In submitting information pursuant to this chapter, a person required to provide such information may:
(1)
Designate the information which such person believes is entitled to protection under this Code section; and
(2)
Submit such designated information separately from other data submitted under this Code section.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 13 - UNDERGROUND STORAGE TANKS (§§ 12-13-1 — 12-13-22) › Section 12-13-22 - Representation by Attorney General

It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 14 - OIL OR HAZARDOUS MATERIAL SPILLS OR RELEASES (§§ 12-14-1 — 12-14-4) › Section 12-14-2 - Reporting spilled or released oil or hazardous substance; promulgation of rules and regulations by Board of Natural Resources

Oil or any hazardous substance spilled or released shall be reported under Code Section
12-14-3
. The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 14 - OIL OR HAZARDOUS MATERIAL SPILLS OR RELEASES (§§ 12-14-1 — 12-14-4) › Section 12-14-3 - Notification of Environmental Protection Division of spill or release; exceptions; development of procedures to notify other governmental agencies

(a)
Any person owning or having control over any oil or hazardous substance who has knowledge of any spill or release of such oil or who has knowledge of any spill or release of such hazardous substance in a quantity equal to or exceeding the reportable quantity or who has knowledge of a spill or release of an unknown quantity of oil or a hazardous substance shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release.
(b)
This Code section shall not apply to:
(1)
The application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act,
7 U.S.C. Section 136
, et seq., or the Georgia Pesticide Control Act, Code Section
2-7-50
, et seq., or both, when the application of such pesticide is made in a manner consistent with its label or labeling; or
(2)
Air emissions from animal waste, including decomposing animal waste, at a farm.
(c)
The division shall develop procedures to provide notice to other state, federal, or local governmental agencies.
Amended by 2019 Ga. Laws 188,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-1 - Short title

This article shall be known and may be cited as the "Sewage Holding Tank Act."
Amended by 2004 Ga. Laws 474, § 1, eff. 7/1/2004.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-2 - Legislative findings

The General Assembly finds that there is a need for sewage holding tanks to accommodate the sewage from flush toilets which serve the needs of employees at construction sites during the temporary period of construction and the needs of the public at special events, and that such sewage holding tanks should be regulated to ensure that they are maintained in a clean, sanitary, and functional condition for the protection of human health, safety, and welfare. Where such sewage holding tanks are utilized, their construction, maintenance, and operation shall meet the standards of this article and all health and safety regulations applicable thereto.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-3 - Definitions

As used in this article, the term:
(1)
"Construction period" means the period of time during which a valid construction permit is in effect for a construction site.
(2)
"Construction site" means the property designated in a valid construction permit issued by the local government having jurisdiction of construction.
(3)
"Department" means the Department of Natural Resources.
(4)
"Sewage" means human excreta, all water carried wastes, and liquid waste, including gray water or similar waste by-products.
(5)
"Sewage holding tank" means a portable receptacle used on a temporary basis for containing sewage from flush toilets not connected to a public sewer system or an approved on-site sewage management system.
(6)
"Sewage holding tank system" means a closed system including the plumbing fixtures and connections to the sewage holding tanks.
(7)
"Special event" means any activity attracting more than 50 persons which is sponsored, organized, promoted, managed, or financed by any person, group, partnership, organization, corporation, business, or government entity where individuals congregate to participate in or observe an activity in outdoor or portable enclosed or semienclosed structures for more than two consecutive hours.
Amended by 2012 Ga. Laws 684,§ 12, eff. 5/1/2012.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-4 - When sewage holding tanks may be utilized

Sewage holding tanks may be utilized for construction trailers only at a construction site during the construction period, and at the site of any special event during the period of the special event and for 48 hours before and after the special event. Sewage holding tanks shall not be used as an approved method of sewage disposal in obtaining an occupancy permit or permanent power for any structure.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-5 - Sewage holding tank specifications; removal of sewage from tanks; disposal of sewage; manifests

(a)
Sewage holding tanks shall be maintained in a clean, sanitary, and functional condition and shall be constructed of impervious materials. Sewage holding tanks shall be watertight and capable of containing the sewage in a sanitary manner and shall be adequate in size to contain the sewage from the flush toilets being served by the tank and shall be serviced at least once per week while in use so that the tank will not be filled to more than one-half of its volume between regularly scheduled service. The prime contractor at a construction site or sponsor at a special event must monitor sewage holding tank capacity and ensure that the tank volume will not exceed one-half of the tank capacity at any time.
(b)
Any defective or inadequate holding tank shall be repaired immediately or removed from service.
(c)
Removal of sewage from sewage holding tanks shall be accomplished in a clean and sanitary manner by means of a vacuum hose and shall be received into a leakproof tank truck, approved and licensed for such service by the local health department for transport. Any sewage spilled, leaked, discharged, or otherwise released or removed from a sewage holding tank to any location other than a leakproof tank truck shall be deemed a violation of Article 2 of Chapter 5 of this title, the "Georgia Water Quality Control Act," and such violation shall be punishable under the provisions of said Article 2.
(d)
The sewage from sewage holding tanks carried by tank trucks shall be disposed only at a sewage treatment plant which is owned and operated by a city or county government and which holds a valid permit from the division. Such disposal shall occur only with the permission of the city or county government which owns the sewage treatment plant. Any disposal of sewage from a tank truck at any location other than the place inside the property boundaries of a sewage treatment plant designated by the plant's owner shall be deemed to be a violation of Article 2 of Chapter 5 of this title. Such violation shall be punishable under the provisions of said Article 2.
(e)
The sewage holding tank provider shall be responsible for maintaining a manifest system to ensure that all sewage pumped from a holding tank is disposed of in accordance with subsection (d) of this Code section. A responsible employee of the city or county sewage treatment plant which receives the sewage must sign a manifest for each load of sewage received, and the sewage holding tank provider must make the manifests available on each tank truck at any time for inspection by the division or any county board of health.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-6 - Responsibility for ensuring compliance with article

The prime contractor named in the construction permit or the sponsor of a special event and the sewage holding tank service provider shall be responsible for ensuring that the appropriate provisions of this article are complied with.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-7 - Enforcement of compliance with article

The department and respective county boards of health and their duly authorized agents are authorized to enforce compliance with this article and rules and regulations promulgated and adopted pursuant to this article.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 1 - SEWAGE HOLDING TANK ACT (§§ 12-15-1 — 12-15-8) › Section 12-15-8 - Violations

Any person violating the provisions of this article shall be deemed to be in violation of Article 2 of Chapter 5 of this title. Any such violation shall be punishable under the provisions of said Article 2.
Amended by 2004 Ga. Laws 474, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 2 - COMMERCIAL WASTE (§§ 12-15-20 — 12-15-24) › Section 12-15-20 - Definitions

As used in this article, the term:
(1)
"Commercial waste" means:
(A)
Nontoxic, nonhazardous liquid waste water from commercial facilities;
(B)
Grease interceptor contents generated by a commercial food operation or institutional food preparation facility including without limitation fats, oil, grease, and food scraps; or
(C)
Any oil waste residue produced from vehicle maintenance or washing that discharges to an oil-water separator or sand trap.
(2)
"Department" means the Department of Natural Resources.
(3)
"Division" means the Environmental Protection Division of the department.
(4)
"Local governing authority" means the governing authority of a county or municipality.
(5)
"Transporter" means any person or firm which owns or operates one or more waste tank trucks which receive or dispose of commercial waste in this state.
Added by 2004 Ga. Laws 474, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 2 - COMMERCIAL WASTE (§§ 12-15-20 — 12-15-24) › Section 12-15-22 - Promulgation of rules and regulations

The department shall promulgate such rules and regulations as are reasonable and necessary for purposes of enforcement of this article not later than December 31, 2004.
Added by 2004 Ga. Laws 474, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 2 - COMMERCIAL WASTE (§§ 12-15-20 — 12-15-24) › Section 12-15-23 - Enforcement of compliance with article

The respective local governing authorities and their duly authorized agents are authorized to enforce compliance with this article and rules and regulations promulgated and adopted pursuant to this article.
Added by 2004 Ga. Laws 474, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 15 - SEWAGE HOLDING TANKS (§§ 12-15-1 — 12-15-24) › Article 2 - COMMERCIAL WASTE (§§ 12-15-20 — 12-15-24) › Section 12-15-24 - Enactment and enforcement of local ordinances

This article shall be cumulative and shall not prohibit the enactment and enforcement of local ordinances by the governing authority of a county or municipality on this subject which are not in conflict with this article; provided, however, that such local governing authority shall be required to provide timely written notice to the division of any enforcement action taken pursuant to such an ordinance against an operator permitted under this article who is alleged to be in violation of such local ordinance. The division shall be notified of the initiation of any such local enforcement action and of the final conclusions or ultimate outcome of any such action.
Added by 2004 Ga. Laws 474, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-1 - Short title

This article shall be known and may be cited as the "Environmental Policy Act."
Amended by 2004 Ga. Laws 463, § 1, eff. 7/1/2004.
Amended by 2004 Ga. Laws 463, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-2 - Legislative findings

The General Assembly finds that:
(1)
The protection and preservation of Georgia's diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority;
(2)
State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals, and environmental, historical, and cultural resources;
(3)
Environmental evaluations should be a part of the decision-making processes of the state; and
(4)
Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-4 - Determination of adverse effect on quality of environment; environmental effects report; consultation with other agencies; publication of notice of proposed action

(a)
The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report including, but not limited to, a discussion of:
(1)
The environmental impact of the proposed governmental action;
(2)
Alternatives to the proposed governmental action, including no action;
(3)
Any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken;
(4)
Mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action;
(5)
The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value;
(6)
The effect of the proposed governmental action on the quality and quantity of water supply;
(7)
The effect of the proposed governmental action on energy use or energy production; and
(8)
Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
(b)
Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource.
(c)
At least 45 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared. The responsible official shall provide a copy of the environmental effects report and all other comments to the director. The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions, and individuals, upon request.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-5 - Public hearing; notice of decision; challenge to decision

(a)
If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or his designee in each county where the proposed governmental action for which an environmental effects report has been prepared or any part thereof is to take place. The responsible official or his designee may, in the sole discretion of the responsible official, hold a public hearing in each such county at any time after 30 days from the date of publication of the notice has elapsed even if less than 100 requests are received in writing from residents of the State of Georgia but only one public hearing in a county shall be required regardless of whether it is a mandatory or discretionary hearing.
(b)
The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the responsible official shall decide whether to proceed with the proposed governmental action as originally proposed, whether to proceed with changes, or whether not to proceed. Notice of the decision of the responsible official shall be given in writing to the director and published in the legal organ of each county in which the proposed governmental action or any part thereof is to occur.
(c)
The decision of the responsible official to proceed with the proposed governmental action shall not create a cause of action in any person, corporation, association, county, or municipal corporation; provided, however, the actions of the responsible official in the procedure of giving notice by publication of the environmental effects report and notice by publication of the decision made based upon the report and public comments, if any, may be challenged pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," if the responsible official acts on behalf of a government agency which is subject to that act or by mandamus otherwise; but any such challenge must be commenced within 30 days after the date notice of the responsible official's decision made pursuant to subsection (b) of this Code section is first published in a legal organ of any affected county or counties.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-6 - Reconciliation of existing authority required

All government agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this article, including the guidelines issued pursuant to Code Section
12-16-8
, and shall propose to the Governor not later than January 1, 1992, such measures as may be necessary to bring their authority, regulations, policies, and procedures into conformity with the intent, purposes, and procedures set forth in this article.
Amended by 2004 Ga. Laws 463, § 2, eff. 7/1/2004.