Civil Penalty

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Control of Water Pollution and Surface-Water Use
  6. Civil Penalty

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  1. Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues.
  2. The director, after a hearing, shall determine whether or not any person has violated any provision of this article or has, negligently or intentionally, failed or refused to comply with any final or emergency order of the director and may, upon a proper finding, issue his order imposing such civil penalties as provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Code Section 12-5-44. All penalties recovered by the director as provided by this article shall be paid into the state treasury to the credit of the general fund.

(Ga. L. 1971, p. 87, § 2; Ga. L. 1972, p. 999, § 1; Ga. L. 1974, p. 599, § 13; Ga. L. 1986, p. 350, § 4; Ga. L. 1990, p. 1211, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Special environmental projects in lieu of monetary penalties.

- Even though the Environmental Protection Division may authorize special environmental projects in lieu of unimposed or unaccrued monetary penalties, modification of a consent order to reduce fines imposed on a city and require that an amount equal to the reduction be spent on development of a proposed recreational park did not appear to be authorized. 1995 Op. Att'y Gen. No. U95-17.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

61C Am. Jur. 2d, Pollution Control, § 1895.

C.J.S.

- 39A C.J.S., Health and Environment, § 134.

ALR.

- Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.

Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.


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