Corrective Action for Violations of Chapter, Rules and Regulations, or Orders and for Release of Regulated Substance Into Environment

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Underground Storage Tanks
  5. Corrective Action for Violations of Chapter, Rules and Regulations, or Orders and for Release of Regulated Substance Into Environment

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  1. Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred, he shall attempt to remedy the same by conference, conciliation, or persuasion. In case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the order. An order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-13-16.
  2. Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, or persuasion.In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any current owner or operator or any past owner or operator who has contributed to such release.The order may direct that necessary corrective action may be taken within a reasonable time to be prescribed in the order.

(Code 1981, §12-13-14, enacted by Ga. L. 1988, p. 2072, § 1; Ga. L. 1994, p. 804, § 9.)

Editor's notes.

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


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