HB351: HB351 Board of Natural Resources; modify powers and duties

25 HB 351/AP House Bill 351 (AS PASSED HOUSE AND SENATE) By: Representatives Corbett of the 174th, Cannon of the 172nd, Smith of the 70th, Smith of the 138th, and Dickey of the 134th A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Of ficial Code of Georgia1 Annotated, relating to general provisions regarding solid waste management, so as to modify2 the powers and duties of the Board of Natural Resources; to rev ise definitions; to modify3 solid waste permitting; to provide for submission of written ve rification regarding4 compliance with local zoning and land use regulations; to remov e certain restrictions on5 permits; to revise provisions regarding public meetings and not ice; to remove outdated6 terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Co de of Georgia Annotated,10 relating to general provisions regarding solid waste management , is amended by revising11 paragraphs (16) and (37) of Code Section 12-8-22, relating to definitions, as follows:12 "(16) 'Manifest' means a form or document used for identifying the quantity and13 composition and the origin, routing, and destination of special solid waste during its14 transportation from the point of generation, through any intermediate points, to the point15 of disposal, treatment, or storage."16 H. B. 351 - 1 - 25 HB 351/AP "(37) 'Special solid waste' means any solid waste not otherwise regulated under Part 117 of Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,'18 and regulations promulgated under such part originating or produced from or by a source19 or generator not subject to regulation under Code Section 12-8-24 Reserved."20 SECTION 2.21 Said part is further amended by revising Code Section 12-8-23, relating to powers and duties22 of board, as follows:23 "12-8-23.24 In the performance of its duties the board shall have and may exercise the power to:25 (1) Adopt, promulgate, modify, amend, and repeal rules and reg ulations to implement26 and enforce the provisions of this part as the board may deem n ecessary to provide for27 the control and management of solid waste to protect the environment and the health of28 humans. Such rules and regulations may be applicable to the st ate as a whole or may29 vary from area to area or may vary by waste characteristics, as may be appropriate to30 facilitate the accomplishment of the provisions, purposes, and policies of this part. The31 rules and regulations may include, but shall not be limited to, the following:32 (A) Rules and regulations governing and controlling solid waste handling, including33 measures to ensure that solid waste management practices are regulated, governed, and34 controlled in the public interest;35 (B) Rules and regulations prescribing the procedure to be foll owed in applying for36 permits and requiring the submission of such plans, specificati ons, verifications, and37 other pertinent information deemed relevant in connection with the issuance of such38 permits;39 (C) Rules and regulations concerning the establishment of permits by rule;40 (D) Rules and regulations establishing the use of a manifest during the generation and41 handling of special solid waste Reserved;42 H. B. 351 - 2 - 25 HB 351/AP (E) Rules and regulations governing and controlling the handling of special solid waste43 and biomedical waste;44 (F) Rules and regulations establishing criteria and a system o f priorities for the45 distribution of any state funds as may be made available through a grant-in-aid program46 to assist financially local governmental agencies or authoritie s in the planning,47 implementing, maintaining, or operating of solid waste handling systems which are48 consistent with local and regional solid waste management plans;49 (G) Rules and regulations establishing procedures and requirements for the postclosure50 care of all solid waste disposal facilities, including but not limited to corrective action51 of releases, ground-water monitoring, and maintenance of final cover;52 (H) Rules and regulations establishing the criteria for approv al, time periods for53 coverage, and other terms and conditions for the demonstration of financial54 responsibility required by this part and for the implementation of financial55 responsibility instruments;56 (I) Rules and regulations establishing qualifications for municipal solid waste disposal57 facility operators and certification of such operators through colleges or universities of58 the University System of Georgia or other organizations as may be determined59 acceptable by the board;60 (J) Rules and regulations regulating the generation, collection, processing, and disposal61 of scrap tires and the collection, inventory, and marketing of used tires and governing62 the investigation and cleanup of sites where scrap tires have been disposed regardless63 of the date when such disposal occurred; and64 (K) Rules and regulations further defining what shall or shall not constitute 'recovered65 materials'; and66 (2) Take all necessary steps to ensure the effective enforcement of this part."67 H. B. 351 - 3 - 25 HB 351/AP SECTION 3.68 Said part is further amended in Code Section 12-8-24, relating to permits for solid waste or69 special solid waste handling, disposal, or thermal treatment te chnology facility and70 inspection of solid waste generators, by revising subsections (a), (c), and (d), paragraph (2)71 of subsection (e), and subsections (g) and (h) as follows:72 "(a) No person shall engage in solid waste or special solid was te handling in Georgia or73 construct or operate a solid waste handling facility in Georgia , except those individuals74 exempted from this part under Code Section 12-8-30.10, without first obtaining a permit75 from the director authorizing such activity."76 "(c) On or after March 30, 1990, any permit for the transportation of municipal solid waste77 from a jurisdiction generating solid waste to a municipal solid waste disposal facility78 located in another county shall be conditioned upon the jurisdiction generating solid waste79 developing and being actively involved in, by Ju ly 1, 1992, a s trategy for meeting the80 state-wide goal of waste reduction by July 1, 1996 Reserved.81 (d) If the director determines that such activity will result in any violation of this part or82 any rule or regulation promulgated pursuant to this part, he the director shall deny the83 permit; otherwise, he t h e d i r e c t o r shall issue the permit, specifying on the permit the84 conditions under which such activity shall be conducted; provided, however, that a public85 hearing shall be held by the governing authority of the county or municipality in which the86 municipal solid waste or special solid waste handling shall occur not less than two weeks87 prior to the issuance of any permit under this Code section and notice of such hearing shall88 be posted at the proposed site and advertised in a newspaper of general circulation serving89 the county or counties in which the proposed activity will be c onducted at least 30 days90 prior to such hearing."91 "(2) Prior to the granting of any major modification of an existing solid waste handling92 permit by the director, a public h earing shall be held by the governing authority of the93 county or municipality in which the municipal solid waste facility or special solid waste94 H. B. 351 - 4 - 25 HB 351/AP handling facility requesting the modification is located not less than two weeks prior to95 the issuance of any permit under this Code section and notice o f such hearing shall be96 posted at the site of such facility and advertised in a newspap er of general circulation97 serving the county or counties in which such facility is located at least 30 days prior to98 such hearing."99 "(g)(1) Prior to the issuance of The director shall require that an applicant for any permit100 for a solid waste handling facility or the granting of any major modification of an existing101 solid waste handling permit, the director shall require written verification to be furnished102 by the applicant submit to the division written verification from an authorized official of103 the host local government for the facility or proposed facility or major modification that104 is no more than 36 months old from the date of application that:105 (A) Identifies the type of facility or proposed facility;106 (B) Describes the location of such facility or proposed facili ty by tax parcel107 identification number or legal description;108 (C) Expressly states that the facility or proposed facility complies with local zoning or109 land use ordinances, if any or that there are no such local zoning or land use ordinances;110 and after July 1, 1992, and111 (D) States that the facility or proposed facility is consistent with the local,112 multijurisdictional, or regional solid waste management plan de veloped and adopted113 by the host local government in accordance with standards promulgated pursuant to this114 part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction115 and all jurisdictions generating solid waste destined for the a pplicants' facility can116 demonstrate that they are part of an approved solid waste plan developed in accordance117 with standards promulgated pursuant to this part and are actively involved in and have118 a strategy for meeting the state-wide goal of waste reduction by July 1, 1996. Prior to119 the issuance of any permit for a solid waste handling facility or the granting of any120 major modification of an existing solid waste handling permit t hat will handle solid121 H. B. 351 - 5 - 25 HB 351/AP waste from jurisdictions outside Georgia, the out-of-state soli d waste generating122 jurisdictions shall provide documentation that they have a strategy for and are actively123 involved in meeting planning requirements and a waste reduction goal that are124 substantially equivalent to the planning requirements and waste reduction goal125 contained in this part.126 (2) For purposes of paragraph (1) of this subsection, written verification may be executed127 by an administrative official or employee of the host local government only if that person128 has been authorized to provide the written verification by ordinance or resolution of the129 governing authority. In the absence of such authorization, written verification shall be130 executed by the chief elected official of the governing authori ty of the host local131 government.132 (3) Such written verification from the host local government shall constitute a133 determination that the facility or proposed facility or major m odification is consistent134 with the applicable requirements of subsection (e) of Code Section 12-8-31.1.135 (h) No permit for a disposal facility shall be issued to any r egional solid waste136 management authority created under Part 2 of this article, the 'Regional Solid Waste137 Management Authorities Act,' until local and regional solid was te management plans138 consistent with this part have been developed for all jurisdict ions participating in such139 authority and such plans are found to be consistent with the state solid waste management140 plan pursuant to described in subsection (d) (c) of Code Section 12-8-31.1 12-8-31."141 SECTION 4.142 Said part is further amended in Code Section 12-8-25.3, relatin g to further restrictions on143 sites within significant ground-water recharge area or near mil itary air space used as144 bombing range, by revising subsections (a) and (b) as follows:145 (a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued146 for a municipal solid waste landfill which accepts solid waste generated from outside the147 H. B. 351 - 6 - 25 HB 351/AP county in which such landfill is located or, in the case of a regional landfill, from outside148 any of the counties or special districts empowered to engage in solid waste management149 activities constituting such region if any part of such site is within any area that has been150 designated by the director as a significant ground-water recharge area Reserved.151 (b) In addition to the provisions of subsection (a) of this Co de section, in the case of a152 regional municipal solid waste landfill where any part of such site is within any area that153 has been designated by the director as a significant ground-water recharge area, no permit154 shall be issued for such regional landfill unless the boundarie s of the counties or special155 districts empowered to engage in solid waste management activit ies are contiguous and156 such counties or special districts have entered into a joint co ntract for the collection and157 disposal of solid waste Reserved."158 SECTION 5.159 Said part is further amended by revising Code Section 12-8-26, relating to public meetings160 on site selection, notice, and decision, as follows:161 "12-8-26.162 (a) Any county, municipality, group of counties, or government authority beginning a163 p r o c ess t o s e l e c t a s i t e f o r on which such county, municipality, group of counties, or164 government authority intends to own or operate a municipal solid waste disposal facility165 must first call at least one public meeting to discuss waste management needs of the local166 government or region and to describe the process of siting facilities to the public. Notice167 of this meeting shall be published within a newspaper of general circulation serving such168 county or municipality at least once a week for two weeks 14 days and again at least seven169 days immediately preceding the date of such meeting. A regional solid waste management170 authority created under Part 2 of this article must hold at lea st one meeting within each171 jurisdiction participating in such authority, and notice for these meetings must be published172 within a newspaper of general circulation serving each such jur isdiction at least once a173 H. B. 351 - 7 - 25 HB 351/AP week for two weeks 14 days and again at least seven days immediately preceding the date174 of such meeting.175 (b) The governing authority of any county or municipality taki ng action resulting in a176 publicly or privately owned municipal solid waste disposal faci lity siting decision shall177 cause to be published within a newspaper of general circulation serving such county or178 municipality a notice of the meeting at which such siting decis ion is to be made at least179 once a week for two weeks immediately preceding the date of such meeting. Such notice180 shall state the time, place, and purpose of the meeting and the meeting shall be conducted181 by the governing authority taking the action. A siting decisio n shall include, but is not182 limited to, such activities as the final selection of property for landfilling and the execution183 of contracts or agreements pertaining to the location of munici pal solid waste disposal184 facilities within the jurisdiction, but shall not include zoning decisions Before a host local185 government verifies in writing that a proposed new public or private municipal solid waste186 disposal facility or a major modification expanding the permit boundaries of an existing187 facility is consistent with the local, multijurisdictional, or regional solid waste management188 plan adopted by the host local government and local zoning or l and use ordinances, as189 required by subsection (g) of Code Section 12-8-24, the governi ng authority of the host190 local government shall comply with the notice and meeting requirements set forth in this191 part. Prior to issuing written verification, such governing authority shall cause a notice of192 the meeting at which the public will be informed of the propose d new facility or major193 modification expanding the permit boundaries of an existing facility to be published in a194 newspaper of general circulation serving such local government. The meeting notice shall195 be published at least 14 days and again at least seven days pre ceding the date of such196 meeting. The meeting notice shall identify the governing autho rity of the host local197 government jurisdiction that will conduct the meeting and shall include the time, place, and198 purpose of the meeting. During the meeting on the proposed new facility or major199 H. B. 351 - 8 - 25 HB 351/AP modification expanding the perm it boundaries of an existing fac ility, the governing200 authority of the host local government shall inform the public of:201 (1) The location of the proposed new facility or major modification expanding the permit202 boundaries of an existing facility;203 (2) The type of facility and operations proposed; and204 (3) The process by which such governing authority shall provide the written verification205 described in subsection (g) of Code Section 12-8-24."206 SECTION 6.207 Said part is further amended in Code Section 12-8-27.1, relating to Solid Waste Trust Fund,208 by revising paragraph (1) of subsection (e) as follows:209 "(e)(1) If the director determines that a solid waste or special solid waste handling facility210 has been abandoned, that the owner or operator thereof has become insolvent, or that for211 any other reason there is a demonstrated unwillingness or inabi lity of the owner or212 operator to maintain, operate, or close the facility, to carry out postclosure care of the213 facility, or to carry out corrective action required as a condi tion of a permit to the214 satisfaction of the director, the director may implement the ap plicable financial215 responsibility mechanisms. The proceeds from any applicable fi nancial responsibility216 mechanisms shall be deposited into the Solid Waste Trust fund."217 SECTION 7.218 Said part is further amended in Code Section 12-8-31.1, relating to local, multijurisdictional,219 or regional solid waste plans, reporting by cities and counties , and annual reporting220 requirements for landfill owners and operators, by revising subsections (a) and (d) through221 (h) as follows:222 H. B. 351 - 9 - 25 HB 351/AP "(a)(1) Each city and county in Georgia shall develop or be included in a comprehensive223 solid waste management plan. Said plan may be developed independently as a local plan224 or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan.225 (2)(A) The Department of Community Affairs under the provisions of Chapter 13 of226 Title 50 shall promulgate solid waste planning guidance that a city or county may use227 to update or amend such city's or county's solid waste plan.228 (B) Any city or county that proposes to update or amend its solid waste management229 plan shall publish notice of such proposed action in the county legal organ or the city's230 or county's Internet website, as applicable, at least two weeks prior to adopting s uch231 update or amendment to its plan in accordance with subsection (c) of this Code section."232 "(d) Each city and county may report annually to the Department of Community Affairs233 division on the status of solid waste management in the jurisdiction or may post such234 reports on its website. Such reports may be individual or collective in nature or, in lieu of235 local reports, a regional report may be filed by any of the several regional commissions for236 political jurisdictions within their region. The annual report may include but not be limited237 to:238 (1) The amount of solid waste collected, processed, and disposed of in the area;239 (2) The progress on the reduction in solid waste, as evidenced by the solid waste240 received at disposal facilities in the planning area since the previous reporting period and241 total cumulative progress made toward meeting the waste reduction goals of the state;242 (3) The remaining permitted capacity of disposal facilities;243 (4) Recycling and composting activities in existence;244 (5) Public information and education activities during the reporting period; and245 (6) Any other pertinent information as may be required.246 (e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid247 waste disposal facility or any solid waste handling equipment o r recycling equipment248 used in conjunction therewith in a county or region which is not consistent with a local,249 H. B. 351 - 10 - 25 HB 351/AP multijurisdictional, or regional solid waste management plan. Each application for a250 permit, major modification, grant, or loan issued after July 1, 1992, shall include the251 following:252 (1) Certification that the facility for which a permit or majo r modification is sought253 complies with local land use and or zoning requirements, if any;254 (2) Verification that the facility for which a permit, major m odification, grant, or loan255 is sought meets the ten-year capacity needs identified in the is consistent with the256 applicable local, multijurisdictional, or regional solid waste management plan; and257 (3) Demonstration that the host jurisdiction and all jurisdictions generating solid waste258 destined for the applicant's facility are part of an approved local government has adopted259 a solid waste management plan or updated plan developed consiste nt with standards260 promulgated pursuant to this part, and are actively involved in, and have a strategy for,261 meeting the state-wide goal for reduction of solid waste disposal in accordance with the262 requirements of subsection (c) of this Code section.263 (f) This Code section shall not apply to:264 (1) Any any solid waste disposal facility which is operated exclusively by a private solid265 waste generator on property owned by the private solid waste generator for the purpose266 of accepting solid waste exclusively from the private solid waste generator so long as the267 operation of the solid waste disposal facility does not adversely affect the public health268 or the environment. After commencement of operation by a private solid waste generator269 of a solid waste disposal facility which is permitted but not included in a local or regional270 solid waste management plan, an amendment into a local or regio nal solid waste271 management plan shall be required for any solid waste which is to be no longer disposed272 of by the private solid waste generator in its own solid waste disposal facility prior to any273 substantial reduction in the amount of solid waste accepted by the solid waste disposal274 facility or its closure; or.275 H. B. 351 - 11 - 25 HB 351/AP (2) Any privately owned solid waste handling facility seeking a permit or major276 modification of an existing permit where the host local governing authority has failed to277 make a good faith effort, as determined by the Department of Co mmunity Affairs, to278 develop and adopt a local solid waste management plan or to be included in a279 multijurisdictional or regional solid waste management plan; provided, however, that the280 permit applicant continues to be obligated to demonstrate that all generating jurisdictions281 from which waste will be received are part of an approved solid waste management plan282 developed in accordance with planning guidance promulgated pursuant to this part and283 have a strategy to meet and are actively engaged in meeting the state-wide goal of284 reducing waste.285 (g) Effective July 1, 1991, it It shall be the responsibility of the owner or operator of each286 municipal solid waste disposal facility to keep an accurate written record of all amounts of287 solid waste measured in tons received at the facility. Measurement in tons of solid waste288 received shall be accomplished by one or more of the following methods:289 (1) The provision of stationary or portable scales at the disp osal facility for weighing290 incoming waste;291 (2) Implementation of contractual or other arrangements for th e use of scales at a292 location other than the disposal facility for weighing all waste destined for disposal at the293 facility; or294 (3) Implementation of contractual or other arrangements for th e use of scales at a295 location other than the disposal facility to weigh representative samples of the solid waste296 received at the disposal facility on a basis which is sufficien tly frequent to estimate297 accurately the amount of solid waste received at the disposal facility.298 (h) The provisions of subsection (d) of this Code section notwithstanding, each public or299 private owner or operator of a municipal solid waste landfill s hall report annually to the300 Department of Community Affairs division on the status of solid waste management for301 H. B. 351 - 12 - 25 HB 351/AP each municipal solid waste landfill it owns or operates in this state. The annual report for302 each such landfill shall include but not be limited to:303 (1) The amount of solid waste collected, processed, and disposed of at such landfill;304 (2) The remaining permitted capacity of the landfill;305 (3) Recycling and composting activities in existence Quantities of material recycled and306 composted annually at such landfill; and307 (4) Any other pertinent information as may be required by the Department of308 Community Affairs division."309 SECTION 8.310 Said part is further amended in Code Section 12-8-39, relating to cost reimbursement fees,311 surcharges, exempt contracts, and reporting, by revising subsection (c) as follows:312 "(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated313 as a joint venture by more than one city or county or combination thereof, by a special solid314 waste district, or by an authority, the cost reimbursement fee specified in this Code section315 shall be imposed by the joint operators, district, or authority and the cost reimbursement316 fee received shall be administered as outlined in subsection (b ) of this Code section and317 shall be remitted into a restricted account established by the participating local318 governments."319 SECTION 9.320 This Act shall become effective on January 1, 2026.321 SECTION 10.322 All laws and parts of laws in conflict with this Act are repealed.323 H. B. 351 - 13 -