Georgia Commons

Title 12. CONSERVATION AND NATURAL RESOURCES

Chapter 8. WASTE MANAGEMENT

155 sections · 12-8-1 to 12-8-211

Article 1. GENERAL PROVISIONS

  1. 12-8-1Notice of denial of individual sewage disposal permits; duty to consider denial in ad valorem tax determinations.
  2. 12-8-2Dumping sanitary sewer, kitchen, or toilet wastes in storm or sanitary sewers prohibited; forfeiture of involved vehicles.

Article 2. SOLID WASTE MANAGEMENT · Part 1. GENERAL PROVISIONS

  1. 12-8-20Short title.
  2. 12-8-21Declaration of policy; legislative intent.
  3. 12-8-22Definitions.2 versions
  4. 12-8-23Powers and duties of board.2 versions
  5. 12-8-23.1Powers and duties of director.
  6. 12-8-24Permits for solid waste handling, disposal, or thermal treatment technology facility; inspection of solid waste generators.2 versions
  7. 12-8-24.1Certification of municipal solid waste disposal facility operators.
  8. 12-8-24.2Public hearing prior to entering contract regarding landfill.
  9. 12-8-24.3Notification of contaminant release from landfill.
  10. 12-8-25Sites in certain counties within one-half mile of adjoining county.
  11. 12-8-25.1Sites within 5,708 yards of national historic site.
  12. 12-8-25.2Sites within two miles of significant ground-water recharge area.
  13. 12-8-25.3Further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range.2 versions
  14. 12-8-25.4Limits on the number of solid waste facilities within given area.
  15. 12-8-25.5Locating disposal facility near private recreational camp.
  16. 12-8-26Public meetings on site selection; notice; decision.2 versions
  17. 12-8-27Standards for handling special solid waste; transportation manifest; fees; inspection; prohibition of waste generated out-of-state; certification.Repealed
  18. 12-8-27.1Solid Waste Trust Fund.2 versions
  19. 12-8-27.2Financial responsibility.
  20. 12-8-28Lead acid vehicle batteries.
  21. 12-8-29Investigations by director; actions to enforce article.
  22. 12-8-29.1Authority to enter property for inspection and investigation.
  23. 12-8-29.2Confidentiality of information obtained by director or agents.
  24. 12-8-30Director’s order for corrective action.
  25. 12-8-30.1Emergency orders.
  26. 12-8-30.2Hearings and review of actions and orders.
  27. 12-8-30.3Judgment in accordance with director’s order.
  28. 12-8-30.4Injunctive relief.
  29. 12-8-30.5Attorney General’s duties.
  30. 12-8-30.6Civil penalties for violations; procedures.
  31. 12-8-30.7Unlawful acts.
  32. 12-8-30.8Penalties for violations.
  33. 12-8-30.9Powers of local governmental bodies and state not limited by this part.
  34. 12-8-30.10Exemption for private individuals.
  35. 12-8-31State solid waste management plan; reporting.
  36. 12-8-31.1Local, multijurisdictional, or regional solid waste management plans; reporting by cities and counties; annual reporting requirements for landfill owners and operators.2 versions
  37. 12-8-32Permits for regional solid waste disposal facilities.
  38. 12-8-33Recycling Market Development Council.
  39. 12-8-33.1Improper disposal of computer equipment; Computer Equipment Disposal and Recycling Council created; compensation; powers and duties.Repealed
  40. 12-8-34Labeling rigid plastic containers or bottles.
  41. 12-8-35Review of purchases and purchasing specifications, practices, and procedures by commissioner of administrative services.
  42. 12-8-36State agency recycling and collection programs.
  43. 12-8-37Financial aid from federal government or other sources.
  44. 12-8-37.1State grants authorized.2 versions
  45. 12-8-38Funds generated by division; use for operation and maintenance; deposit of unexpended funds.
  46. 12-8-39Cost reimbursement fees; surcharges; exempt contracts; reporting.2 versions
  47. 12-8-39.1Program for reduction of municipal solid waste on per capita basis.
  48. 12-8-39.2Reports of costs of solid waste management services.Repealed
  49. 12-8-39.3Authorization to enforce collection of taxes, fees, or assessments.
  50. 12-8-40Exemption for livestock-feeding facility.
  51. 12-8-40.1Tire disposal restrictions; fees.
  52. 12-8-40.2Yard trimmings disposal restrictions.
  53. 12-8-40.3Disposal of shingles containing asphalt.
  54. 12-8-41Department to provide permits.

Article 2. SOLID WASTE MANAGEMENT · Part 2. REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES

  1. 12-8-50Short title.
  2. 12-8-51Authority for enactment; nonprofit and public purposes of authorities; tax exemption; state policy; unfair competition with private sector prohibited.
  3. 12-8-52Definitions.
  4. 12-8-53Creation of authorities.
  5. 12-8-54Board of directors.
  6. 12-8-55Quorum; majority vote requirement.
  7. 12-8-56Powers of authority.
  8. 12-8-57Limitation on liability of members, officers, or employees of authority.
  9. 12-8-58Bonds or other obligations; limitations and procedures for issuance.
  10. 12-8-59Bonds or other obligations not indebtedness of state or political subdivision.
  11. 12-8-59.1Liberal construction of part; bonds not subject to other state law; other authorities.
  12. 12-8-59.2Resolutions or ordinances declaring functioning of previously activated authority unnecessary.

Article 3. HAZARDOUS WASTE · Part 1. HAZARDOUS WASTE MANAGEMENT

  1. 12-8-60Short title.
  2. 12-8-61Legislative policy.
  3. 12-8-62Definitions.
  4. 12-8-63Administration of article by division; enforcement of article by director.
  5. 12-8-64Powers and duties of board as to hazardous waste.
  6. 12-8-65Powers and duties of director as to hazardous waste.
  7. 12-8-65.1Hazardous waste reduction plans; specific performance goals; biennial progress reports; rules and regulations.
  8. 12-8-65.2Updating plans and reports; technical assistance; information available to public.
  9. 12-8-65.3Plans and reports by out-of-state generators storing, treating, or disposing of hazardous waste in state.
  10. 12-8-65.4Duplication of prior reporting requirements not required.
  11. 12-8-66Permits for construction, installation, operation, or alteration of hazardous waste facilities.
  12. 12-8-67Hazardous waste in transit to be accompanied by manifest.
  13. 12-8-68Requirement of financial responsibility for persons operating or maintaining hazardous waste storage, treatment, or disposal facility; hazardous waste facility trust fund.
  14. 12-8-69Variances.
  15. 12-8-70Inspections and investigations.
  16. 12-8-71Proceedings for enforcement.
  17. 12-8-72Application for injunctive relief.
  18. 12-8-73Hearings on contested matters; judicial review.
  19. 12-8-74Judgment in accordance with final orders.
  20. 12-8-75Powers of director in situations involving imminent and substantial endangerment to environment or to public health.
  21. 12-8-76Legal assistance by Attorney General.
  22. 12-8-77Contracts to provide solid waste handling, reclamation, or recycling services.
  23. 12-8-78Public access to information; protection of confidential information; access to confidential information by federal government and courts.
  24. 12-8-79Effect of other laws on permits issued under article and rules and regulations.
  25. 12-8-80Applicability of article.Repealed
  26. 12-8-81Civil penalties; procedures for imposing penalties.
  27. 12-8-82Criminal penalty.
  28. 12-8-83Use of material mixed with dioxin or other hazardous waste for dust suppression or road treatment prohibited.

Article 3. HAZARDOUS WASTE · Part 2. HAZARDOUS SITE RESPONSE

  1. 12-8-90Short title.
  2. 12-8-91Declaration of policy and legislative intent.2 versions
  3. 12-8-92Definitions.
  4. 12-8-93Powers and duties of board.
  5. 12-8-94Powers and duties of director.
  6. 12-8-95Hazardous Waste Trust Fund; appropriations; accounting.
  7. 12-8-95.1Hazardous waste management fees and hazardous substance reporting fees.
  8. 12-8-96Corrective action upon release of hazardous wastes, hazardous constituents, or hazardous substances; notice; administrative consent order; expenditure of funds from trust fund.
  9. 12-8-96.1Liability for cleanup costs; punitive damages; action for recovery of costs and damages; claims for contribution.
  10. 12-8-96.2Limitation of liability of corrective action contractors.
  11. 12-8-96.3Limitation of liability for release of hazardous substances for subsequent purchasers of property.
  12. 12-8-97Hazardous site inventory.

Article 3. HAZARDOUS WASTE · Part 3. GEORGIA VOLUNTARY REMEDIATION PROGRAM

  1. 12-8-100Short title.
  2. 12-8-101Policy declaration.
  3. 12-8-102Definitions.
  4. 12-8-103Rules and regulations.
  5. 12-8-104Powers and duties of director.
  6. 12-8-104.1Voluntary Remediation Escrow Account established; role and duties of director.
  7. 12-8-105Criteria for property qualifying for voluntary remediation program.
  8. 12-8-106Criteria for participants in voluntary remediation program.
  9. 12-8-107Submission of voluntary investigation and remediation plan; enrollment; proof of assurance; termination; compliance status.
  10. 12-8-108Standards and policies considered in investigation of voluntary remediation property.

Article 4.

  1. 12-8-110(no catchline printed)Reserved

Article 5. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT

  1. 12-8-120Short title.
  2. 12-8-121Compact enacted and entered into by State of Georgia.
  3. 12-8-122Text of compact.
  4. 12-8-123Appointment of members of Southeast Interstate Low-Level Radioactive Waste Management Commission and their alternates.

Article 6. MITIGATING EFFECT OF HAZARDOUS MATERIALS DISCHARGE

  1. 12-8-140Definitions.
  2. 12-8-141Immunity for persons providing assistance or advice.
  3. 12-8-142Report of persons providing assistance.

Article 7. PRODUCT PACKAGING

  1. 12-8-160Legislative findings and declarations.
  2. 12-8-161Definitions.
  3. 12-8-162Prohibition against sale of packages containing lead, cadmium, mercury, or hexavalent chromium; allowable concentration levels.
  4. 12-8-163Exempt packaging.
  5. 12-8-164Certificates of compliance.
  6. 12-8-165Rules and regulations.
  7. 12-8-166Violation of article.

Article 8. POLLUTION PREVENTION ASSISTANCE DIVISION

  1. 12-8-180Definitions.
  2. 12-8-181Establishment of division; appointment of director; voluntary activities of businesses and industries.
  3. 12-8-182Administrative responsibility of division; duty of division director; rules and regulations of board.
  4. 12-8-183Pollution prevention assistance plan.
  5. 12-8-184Confidentiality of information provided by business or industry; ownership of reports and plans.
  6. 12-8-185Duty of division to advise on rules and regulations governing toxic substances.
  7. 12-8-186Biennial report of division.
  8. 12-8-187Preparation by division of biennial report of hazardous waste generators and capacity assurance plan.
  9. 12-8-188Biennial needs assessment report on hazardous waste management facility.
  10. 12-8-189Transfer of personnel and facilities of Georgia Hazardous Waste Management Authority and other state programs to division.

Article 9. GEORGIA BROWNFIELD PROGRAM

  1. 12-8-200Short title.
  2. 12-8-201Public policy.
  3. 12-8-202Definitions.
  4. 12-8-203Rules and regulations.
  5. 12-8-204Powers and duties of director.
  6. 12-8-205Criteria for property to qualify for limitation of liability.
  7. 12-8-206Criteria for prospective purchasers to qualify for limitation of liability.
  8. 12-8-207Limitation of expenses following approval of a corrective action plan.
  9. 12-8-208Exceptions to limitation of liability.
  10. 12-8-209Initial compliance status report.
  11. 12-8-210Applicability of limitation of liability to persons who purchased after July 1, 2002, and before July 1, 2005.
  12. 12-8-211Application to identified purchasers.