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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 9. PREVENTION AND CONTROL OF AIR POLLUTION |
| Article 1. AIR QUALITY |
| Article 2. MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE |
| Article 3. GASOLINE ADDITIVES |
REFS & ANNOS
TITLE 12 Chapter 9 NOTE
CROSS REFERENCES. --Control of motor vehicle emissions, § 40-8-130 et seq.
EDITOR'S NOTES. --By resolution (Ga. L. 1990, p. 661), the General Assembly provided that the Department of Natural Resources should not promulgate any rules or regulations requiring the installation of Stage II controls by gasoline service stations until such time as mandated by the United States Congress or the Environmental Protection Agency.
Ga. L. 1992, p. 918, § 2, effective July 1, 1992, repealed and reenacted this chapter. The former provisions of this chapter have been designated as Article 1 thereof and an Article 2, pertaining to motor vehicle emissions, has been added. References in Article 1 to "chapter" were changed to "article" by Ga. L. 1992, p. 918, § 2. Article 1 also reflects amendments made by Ga. L. 1992, p. 2886.
Ga. L. 1992, p. 2886, § 2, provides for severability of the Act.
LAW REVIEWS. --For article, "Georgia's Environmental Law: A Survey," see 23 Mercer L. Rev. 633 (1972). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For article surveying provisions of Air Quality Act of 1978, see 14 Ga. St. B.J. 175 (1978). For article surveying recent legislative and judicial developments in zoning, planning and environmental law, see 31 Mercer L. Rev. 89 (1979).
For note on 1992 amendment of this chapter, see 9 Ga. St. U.L. Rev. 179 (1992).
OPINIONS OF THE ATTORNEY GENERAL
PROBATE COURT HAS NO JURISDICTION OVER AIR POLLUTION VIOLATIONS. --Probate court does not have jurisdiction to try or sentence an individual accused of violating the criminal provisions concerning waste management or air pollution. 1995 Op. Att'y Gen. No. U95-1.
CERTIFICATION OF EQUIPMENT OR FACILITIES FOR POLLUTION CONTROL PURPOSES AUTHORIZED. --Environmental Protection Division may certify equipment or facilities as necessary and in furtherance of pollution abatement and control purposes, pursuant to Ga. L. 1963, p. 531, § 1 et seq. (see O.C.G.A. Ch. 62, T. 36), and apposite Internal Revenue Service regulations, if the equipment or facilities enhance the industry's pollution abatement goal and, although possibly having other functions, have as their predominant purpose the assistance or aid of pollution control or abatement. 1973 Op. Att'y Gen. No. 73-175.
LOCAL REGULATION. --While local governments are not preempted from regulating air quality control, any ordinance in this area which contradicts or detracts from the Georgia Air Quality Act, O.C.G.A. § 12-9-1 et seq., would be unconstitutional and void. 1986 Op. Att'y Gen. No. U86-22.
RESEARCH REFERENCES
ALR. --Validity of regulation of smoke and other air pollution, 78 ALR2d 1305.
Air pollution: evidence as to Ringelmann Chart observations, 51 ALR3d 1026.
Validity and construction of statutes regulating strip mining, 86 ALR3d 27.
When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 ALR4th 456.
Standing to sue for violation of state environmental regulatory statute, 66 ALR4th 685.
Validity, construction, and application of variance provisions in state and local air pollution control laws and regulations, 66 ALR4th 711.
Validity of state and local air pollution administrative rules, 74 ALR4th 566.
Liability insurance coverage for violations of antipollution laws, 87 ALR4th 444.
Clean Air Act implementation plans for nonattainment areas, 90 ALR Fed. 481.
What constitutes modification of stationary source, under § 111(a)(3), (4) of Clean Air Act (42 USCS § 7411(a)(3), (4)), so as to subject source to Environmental Protection Agency's new source performance standards, 94 ALR Fed. 750.
AM. JUR. 2D. --61B Am. Jur. 2d, Pollution Control, § 146 et seq.
EDITOR'S NOTES. --By resolution (Ga. L. 1990, p. 661), the General Assembly provided that the Department of Natural Resources should not promulgate any rules or regulations requiring the installation of Stage II controls by gasoline service stations until such time as mandated by the United States Congress or the Environmental Protection Agency.
Ga. L. 1992, p. 918, § 2, effective July 1, 1992, repealed and reenacted this chapter. The former provisions of this chapter have been designated as Article 1 thereof and an Article 2, pertaining to motor vehicle emissions, has been added. References in Article 1 to "chapter" were changed to "article" by Ga. L. 1992, p. 918, § 2. Article 1 also reflects amendments made by Ga. L. 1992, p. 2886.
Ga. L. 1992, p. 2886, § 2, provides for severability of the Act.
LAW REVIEWS. --For article, "Georgia's Environmental Law: A Survey," see 23 Mercer L. Rev. 633 (1972). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For article surveying provisions of Air Quality Act of 1978, see 14 Ga. St. B.J. 175 (1978). For article surveying recent legislative and judicial developments in zoning, planning and environmental law, see 31 Mercer L. Rev. 89 (1979).
For note on 1992 amendment of this chapter, see 9 Ga. St. U.L. Rev. 179 (1992).
OPINIONS OF THE ATTORNEY GENERAL
PROBATE COURT HAS NO JURISDICTION OVER AIR POLLUTION VIOLATIONS. --Probate court does not have jurisdiction to try or sentence an individual accused of violating the criminal provisions concerning waste management or air pollution. 1995 Op. Att'y Gen. No. U95-1.
CERTIFICATION OF EQUIPMENT OR FACILITIES FOR POLLUTION CONTROL PURPOSES AUTHORIZED. --Environmental Protection Division may certify equipment or facilities as necessary and in furtherance of pollution abatement and control purposes, pursuant to Ga. L. 1963, p. 531, § 1 et seq. (see O.C.G.A. Ch. 62, T. 36), and apposite Internal Revenue Service regulations, if the equipment or facilities enhance the industry's pollution abatement goal and, although possibly having other functions, have as their predominant purpose the assistance or aid of pollution control or abatement. 1973 Op. Att'y Gen. No. 73-175.
LOCAL REGULATION. --While local governments are not preempted from regulating air quality control, any ordinance in this area which contradicts or detracts from the Georgia Air Quality Act, O.C.G.A. § 12-9-1 et seq., would be unconstitutional and void. 1986 Op. Att'y Gen. No. U86-22.
RESEARCH REFERENCES
ALR. --Validity of regulation of smoke and other air pollution, 78 ALR2d 1305.
Air pollution: evidence as to Ringelmann Chart observations, 51 ALR3d 1026.
Validity and construction of statutes regulating strip mining, 86 ALR3d 27.
When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 ALR4th 456.
Standing to sue for violation of state environmental regulatory statute, 66 ALR4th 685.
Validity, construction, and application of variance provisions in state and local air pollution control laws and regulations, 66 ALR4th 711.
Validity of state and local air pollution administrative rules, 74 ALR4th 566.
Liability insurance coverage for violations of antipollution laws, 87 ALR4th 444.
Clean Air Act implementation plans for nonattainment areas, 90 ALR Fed. 481.
What constitutes modification of stationary source, under § 111(a)(3), (4) of Clean Air Act (42 USCS § 7411(a)(3), (4)), so as to subject source to Environmental Protection Agency's new source performance standards, 94 ALR Fed. 750.
AM. JUR. 2D. --61B Am. Jur. 2d, Pollution Control, § 146 et seq.