Sovereign Immunity

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Asbestos Safety
  5. Sovereign Immunity

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Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee thereof for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings.

(Code 1981, §12-12-21, enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1987, p. 3, § 12; Ga. L. 1996, p. 238, § 1.)

Law reviews.

- For comment, "Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine," see 64 Emory L.J. 819 (2015).

CHAPTER 13 UNDERGROUND STORAGE TANKS

Sec.

  • 12-13-1. Short title.
  • 12-13-2. Public policy.
  • 12-13-3. Definitions.
  • 12-13-4. Exceptions to chapter.
  • 12-13-5. Rules and regulations; enforcement powers.
  • 12-13-6. Powers and duties of director.
  • 12-13-7. Performance standards applicable until rules and regulations effective.
  • 12-13-8. Investigations.
  • 12-13-9. Establishing financial responsibility; claims against guarantor; Underground Storage Tank Trust Fund.
  • 12-13-10. Environmental assurance fees; late participation fee.
  • 12-13-11. Corrective action for release of petroleum product into environment.
  • 12-13-12. Recovery in event of discharge or threat of discharge of regulated substance; lien.
  • 12-13-13. Notification by owner of underground storage tank.
  • 12-13-14. Corrective action for violations of chapter, rules and regulations, or orders and for release of regulated substance into environment.
  • 12-13-15. Injunctions and restraining orders.
  • 12-13-16. Hearings and review.
  • 12-13-17. Judgment in accordance with division's order.
  • 12-13-18. Required compliance with chapter; proof that petroleum subjected to environmental fee; violations of chapter; access to property.
  • 12-13-19. Violations; imposition of penalties.
  • 12-13-20. Emergency orders; hearing.
  • 12-13-21. Public access to records.
  • 12-13-22. Representation by Attorney General.
Code Commission notes.

- Two 1988 Acts added a new Chapter 13 to this title. Pursuant to Code Section 28-9-5, the chapter enacted by Ga. L. 1988, p. 2072 has retained the Chapter 13 designation, but the chapter enacted by Ga. L. 1988, p. 354 has been redesignated as Chapter 14 and the Code sections have been renumbered accordingly.

Administrative Rules and Regulations.

- Underground gas storage, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Chapter 391-3-12.

Underground storage tank management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Chapter 391-3-15.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61C Am. Jur. 2d, Pollution Control, § 1045 et seq.

Leaking Underground Gasoline Storage Tanks, 3 POF3d 517.


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