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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 12. CONSERVATION AND NATURAL RESOURCES |
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Chapter 8. WASTE MANAGEMENT |
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Article 2. SOLID WASTE MANAGEMENT |
| Part 1. GENERAL PROVISIONS |
| § 12-8-20. Short title |
| § 12-8-21. Declaration of policy; legislative intent |
| § 12-8-22. Definitions |
| § 12-8-23. Powers and duties of board |
| § 12-8-23.1. Powers and duties of director |
| § 12-8-24. Permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility; inspection of solid waste generators |
| § 12-8-24.1. Certification of municipal solid waste disposal facility operators |
| § 12-8-24.2. Public hearing prior to entering contract regarding landfill |
| § 12-8-25. Sites in certain counties within one-half mile of adjoining county |
| § 12-8-25.1. Sites within 5,708 yards of national historic site |
| § 12-8-25.2. Sites within two miles of significant ground-water recharge area |
| § 12-8-25.3. Further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range |
| § 12-8-25.4. Limits on the number of solid waste facilities within given area |
| § 12-8-25.5. Locating disposal facility near private recreational camp |
| § 12-8-26. Public meetings on site selection; notice; decision |
| § 12-8-27. Standards for handling special solid waste; transportation manifest; fees; inspection; prohibition of waste generated out-of-state; certification |
| § 12-8-27.1. Solid waste trust fund |
| § 12-8-27.2. Financial responsibility |
| § 12-8-28. Lead acid vehicle batteries |
| § 12-8-29. Investigations by director; actions to enforce article |
| § 12-8-29.1. Authority to enter property for inspection and investigation |
| § 12-8-29.2. Confidentiality of information obtained by director or agents |
| § 12-8-30. Director's order for corrective action |
| § 12-8-30.1. Emergency orders |
| § 12-8-30.2. Hearings and review of actions and orders |
| § 12-8-30.3. Judgment in accordance with director's order |
| § 12-8-30.4. Injunctive relief |
| § 12-8-30.5. Attorney General's duties |
| § 12-8-30.6. Civil penalties for violations; procedures |
| § 12-8-30.7. Unlawful acts |
| § 12-8-30.8. Penalties for violations |
| § 12-8-30.9. Powers of local governmental bodies and state not limited by this part |
| § 12-8-30.10. Exemption for private individuals |
| § 12-8-31. State solid waste management plan; reporting |
| § 12-8-31.1. Local, multijurisdictional, or regional solid waste plans; reporting by cities and counties; annual reporting requirements for landfill owners and operators |
| § 12-8-32. Permits for regional solid waste disposal facilities |
| § 12-8-33. Recycling Market Development Council |
| § 12-8-33.1. Improper disposal of computer equipment; Computer Equipment Disposal and Recycling Council created; compensation; powers and duties |
| § 12-8-34. Labeling rigid plastic containers or bottles |
| § 12-8-35. Review of purchases and purchasing specifications, practices, and procedures by commissioner of administrative services |
| § 12-8-36. State agency recycling and collection programs |
| § 12-8-37. Financial aid from federal government or other sources |
| § 12-8-37.1. State grants authorized |
| § 12-8-38. Funds generated by division; use for operation and maintenance; deposit of unexpended funds |
| § 12-8-39. Cost reimbursement fees; surcharges. |
| § 12-8-39.1. Program for reduction of municipal solid waste on per capita basis |
| § 12-8-39.2. Reports of costs of solid waste management services |
| § 12-8-39.3. Authorization to enforce collection of taxes, fees, or assessments |
| § 12-8-40. Exemption for livestock-feeding facility |
| § 12-8-40.1. Tire disposal restrictions; fees |
| § 12-8-40.2. Yard trimmings disposal restrictions |
| § 12-8-40.3. Disposal of shingles containing asphalt |
| § 12-8-41. Department to provide permits |
| Part 2. REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES |
| § 12-8-50. Short title |
| § 12-8-51. Authority for enactment; nonprofit and public purposes of authorities; tax exemption; state policy; unfair competition with private sector prohibited |
| § 12-8-52. Definitions |
| § 12-8-53. Creation of authorities |
| § 12-8-54. Board of directors |
| § 12-8-55. Quorum; majority vote requirement |
| § 12-8-56. Powers of authority |
| § 12-8-57. Limitation on liability of members, officers, or employees of authority |
| § 12-8-58. Bonds or other obligations; limitations and procedures for issuance |
| § 12-8-59. Bonds or other obligations not indebtedness of state or political subdivision |
| § 12-8-59.1. Liberal construction of part; bonds not subject to other state law; other authorities |
| § 12-8-59.2. Resolutions or ordinances declaring functioning of previously activated authority unnecessary |
REFS & ANNOS
TITLE 12 Chapter 8 Article 2 NOTE
CROSS REFERENCES. --Regulation of facilities discharging pollutants into waters of state, T. 12, C. 5, A. 2. Criminal penalties for littering public and private property, T. 16, C. 7, A. 2, P. 2 & 3. Restrictions on location of and screening and fencing requirements for junkyards, T. 32, C. 6, A. 8. Prohibition against transporting garbage, trash, waste, or refuse across state or county lines for dumping, § 36-1-16. Authority of counties and municipalities to enter into contracts to provide industrial waste water treatment services, § 36-60-2.
EDITOR'S NOTES. --Ga. L. 1990, p. 412, § 1, effective March 30, 1990, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 12-8-20 through 12-8-45 and was based on Ga. L. 1972, p. 1002, §§ 1-20; Ga. L. 1973, p. 1269, §§ 1-7; Ga. L. 1982, p. 3, § 12; Ga. L. 1988, p. 215, § 1; Ga. L. 1988, p. 1965, §§ 1-8; Ga. L. 1989, p. 144, §§ 1-7; Ga. L. 1989, p. 513, § 1; and Ga. L. 1990, p. 8, § 12.
ADMINISTRATIVE RULES AND REGULATIONS. --Solid waste management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-3-4.
LAW REVIEWS. --For article discussing regulation of selected activities to effect environmental planning, see 10 Ga. L. Rev. 53 (1975). For article, "The Resource Conservation and Recovery Act (RCRA) and the Georgia Solid Waste Management Act," see 38 Mercer L. Rev. 569 (1987).
For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 231 (1990). For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 46 (1993).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under Ga. L. 1972, p. 1002 are included in the annotations for this article.
PROCESS OF ACQUIRING A PERMIT FOR THE OPERATION OF A SANITARY LANDFILL in Georgia begins with an application to the Environmental Protection Division (EPD) of the State Department of Natural Resources for a letter of acceptance signifying the geological suitability of the tract in question for operation of a sanitary landfill. The second step on the state level requires an application for a permit signifying that the specific plan for operation of the landfill meets the requirements of state law. One such requirement is a letter from the proper local governing body assuring the EPD that the operation of a sanitary landfill on that particular tract will comply with local zoning regulations. Button Gwinnett Landfill, Inc. v. Gwinnett County, 256 Ga. 818, 353 S.E.2d 328 (1987) (decided under Ga. L. 1972, p. 1002).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions rendered under Ga. L. 1972, p. 1002 are included in the annotations for this article.
POLICY AND INTENT OF THE SOLID WASTE MANAGEMENT ACT, GA. L. 1972, P. 1002, mandates that the director coordinate activities with local political jurisdictions so as to achieve a unified and effective statewide solid waste management program. 1976 Op. Att'y Gen. No. 76-14 (decided under Ga. L. 1972, p. 1002).
DIVISION EMPOWERED TO REGULATE SOLID WASTE HANDLING. --Solid Waste Management Act, Ga. L. 1972, p. 1002, places the responsibility and power to regulate solid waste handling and management in Georgia in the hands of the Environmental Protection Division of the Department of Natural Resources. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
ADOPTION OF REGULATIONS BY COUNTY BOARDS OF HEALTH. --Existence of general laws relating to the regulation of solid waste handling and management does not necessarily preclude the adoption of regulations on the same subject by county boards of health, provided such regulations have a reasonable relation to the protection of the health of the citizenry of the county and are not prohibited by express or implied language in the Solid Waste Management Act, Ga. L. 1972, p. 1002, or the rules and regulations promulgated thereunder. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
LOCAL REGULATION CONFLICTING WITH ARTICLE INVALID. --To the extent that any regulation adopted by a county board of health clearly conflicted with the Solid Waste Management Act, Ga. L. 1972, p. 1002, the regulation would be invalid. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
RESEARCH REFERENCES
ALR. --Validity of statutory or municipal regulations as to garbage, 135 ALR 1305.
State and local regulation of private landowner's disposal of solid waste on own property, 37 ALR4th 635.
EDITOR'S NOTES. --Ga. L. 1990, p. 412, § 1, effective March 30, 1990, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 12-8-20 through 12-8-45 and was based on Ga. L. 1972, p. 1002, §§ 1-20; Ga. L. 1973, p. 1269, §§ 1-7; Ga. L. 1982, p. 3, § 12; Ga. L. 1988, p. 215, § 1; Ga. L. 1988, p. 1965, §§ 1-8; Ga. L. 1989, p. 144, §§ 1-7; Ga. L. 1989, p. 513, § 1; and Ga. L. 1990, p. 8, § 12.
ADMINISTRATIVE RULES AND REGULATIONS. --Solid waste management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-3-4.
LAW REVIEWS. --For article discussing regulation of selected activities to effect environmental planning, see 10 Ga. L. Rev. 53 (1975). For article, "The Resource Conservation and Recovery Act (RCRA) and the Georgia Solid Waste Management Act," see 38 Mercer L. Rev. 569 (1987).
For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 231 (1990). For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 46 (1993).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under Ga. L. 1972, p. 1002 are included in the annotations for this article.
PROCESS OF ACQUIRING A PERMIT FOR THE OPERATION OF A SANITARY LANDFILL in Georgia begins with an application to the Environmental Protection Division (EPD) of the State Department of Natural Resources for a letter of acceptance signifying the geological suitability of the tract in question for operation of a sanitary landfill. The second step on the state level requires an application for a permit signifying that the specific plan for operation of the landfill meets the requirements of state law. One such requirement is a letter from the proper local governing body assuring the EPD that the operation of a sanitary landfill on that particular tract will comply with local zoning regulations. Button Gwinnett Landfill, Inc. v. Gwinnett County, 256 Ga. 818, 353 S.E.2d 328 (1987) (decided under Ga. L. 1972, p. 1002).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions rendered under Ga. L. 1972, p. 1002 are included in the annotations for this article.
POLICY AND INTENT OF THE SOLID WASTE MANAGEMENT ACT, GA. L. 1972, P. 1002, mandates that the director coordinate activities with local political jurisdictions so as to achieve a unified and effective statewide solid waste management program. 1976 Op. Att'y Gen. No. 76-14 (decided under Ga. L. 1972, p. 1002).
DIVISION EMPOWERED TO REGULATE SOLID WASTE HANDLING. --Solid Waste Management Act, Ga. L. 1972, p. 1002, places the responsibility and power to regulate solid waste handling and management in Georgia in the hands of the Environmental Protection Division of the Department of Natural Resources. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
ADOPTION OF REGULATIONS BY COUNTY BOARDS OF HEALTH. --Existence of general laws relating to the regulation of solid waste handling and management does not necessarily preclude the adoption of regulations on the same subject by county boards of health, provided such regulations have a reasonable relation to the protection of the health of the citizenry of the county and are not prohibited by express or implied language in the Solid Waste Management Act, Ga. L. 1972, p. 1002, or the rules and regulations promulgated thereunder. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
LOCAL REGULATION CONFLICTING WITH ARTICLE INVALID. --To the extent that any regulation adopted by a county board of health clearly conflicted with the Solid Waste Management Act, Ga. L. 1972, p. 1002, the regulation would be invalid. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).
RESEARCH REFERENCES
ALR. --Validity of statutory or municipal regulations as to garbage, 135 ALR 1305.
State and local regulation of private landowner's disposal of solid waste on own property, 37 ALR4th 635.