---
title: O.C.G.A. § 12-8-23. Powers and duties of board.
collection: code
id: 12-8-23
cite_as: O.C.G.A. § 12-8-23 (2025)
canonical_url: https://georgiacommons.org/code/12-8-23
md_url: https://georgiacommons.org/code/12-8-23.md
text_url: https://georgiacommons.org/code/12-8-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-pdf.pdf?sfvrsn=584b8497_0#page=77
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/12-8.md
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version: Effective January 1, 2026.
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    md_url: https://georgiacommons.org/code/12-8-23.md?version=until+January+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / WASTE MANAGEMENT / SOLID WASTE MANAGEMENT / GENERAL PROVISIONS
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---

# O.C.G.A. § 12-8-23. Powers and duties of board.

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 part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following:

(A) Rules and regulations governing and controlling solid waste handling, including measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest;

(B) Rules and regulations prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits;

(C) Rules and regulations concerning the establishment of permits by rule;

(D) Reserved;

(E) Rules and regulations governing and controlling the handling of biomedical waste;

(F) Rules and regulations establishing criteria and a system of priorities for the distribution of any state funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;

(G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover;

(H) Rules and regulations establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this part and for the implementation of financial responsibility instruments;

(I) Rules and regulations establishing qualifications for municipal solid waste disposal facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board;

(J) Rules and regulations regulating the generation, collection, processing, and disposal of scrap tires and the collection, inventory, and marketing of used tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and

(K) Rules and regulations further defining what shall or shall not constitute “recovered materials”; and

(2) Take all necessary steps to ensure the effective enforcement of this part.

## History

Code 1981, § 12-8-23, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 3; Ga. L. 1992, p. 3276, § 2; Ga. L. 2013, p. 274, § 2/HB 226; Ga. L. 2025, p. 634, § 2/HB 351, effective January 1, 2026.

## Amendments

The 2025 amendment, effective January 1, 2026, in subparagraph (1)(D), substituted “Reserved” for “Rules and regulations establishing the use of a manifest during the generation and handling of special solid waste;”; and deleted “special solid waste and” following “handling of” in subparagraph (1)(E).

## Delayed Effective Date

Code Section 12-8-23 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.