---
title: O.C.G.A. § 12-13-8. Investigations.
collection: code
id: 12-13-8
cite_as: O.C.G.A. § 12-13-8 (2025)
canonical_url: https://georgiacommons.org/code/12-13-8
md_url: https://georgiacommons.org/code/12-13-8.md
text_url: https://georgiacommons.org/code/12-13-8/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-2021-pdf.pdf?sfvrsn=67595359_0#page=1190
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/12-13.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / UNDERGROUND STORAGE TANKS
---

# O.C.G.A. § 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.

## History

Code 1981, § 12-13-8, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1994, p. 804, § 2.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1988, ‘‘regulations’’ was substituted for ‘‘regulation’’ near the middle of subsection (a).

## Editor's Notes

Ga. L. 1994, p. 804, § 14, not codified by the General Assembly, provides for severability.