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Electronic Filing and Reporting System

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In order to achieve efficiencies and economies for both the division and the regulated community by the use of electronic filing for certain application and reporting requirements of this chapter and National Pollution Discharge Elimination System permits, the division and the Pollution Prevention Assistance Division of the department shall jointly work toward implementing such an electronic filing and reporting system as soon as practicable and allowable under federal regulations.

(Code 1981, §12-7-22, enacted by Ga. L. 2003, p. 224, § 5.)

Law reviews.

- For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 244 (2003).

CHAPTER 8 WASTE MANAGEMENT Article 1 General Provisions.

12-8-1. Notice of denial of individual sewage disposal permits; duty to consider denial in ad valorem tax determinations.
12-8-2. Dumping 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.

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solid waste; transportation manifest; fees; inspection; prohibition of waste generated out-of-state; certification [Repealed].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

Part 2 REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES.

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

Article 3 Hazardous Waste. Part 1 HAZARDOUS WASTE MANAGEMENT.

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

Part 2 HAZARDOUS SITE RESPONSE.

12-8-90. Short title.
12-8-91. Declaration of policy and legislative intent.
12-8-92. Definitions.
12-8-93. Powers and duties of board.
12-8-94. (For effective date, see note) Powers and duties of director.
12-8-95. Hazardous waste trust fund.
12-8-95.1. Hazardous waste management fees and hazardous substance reporting fees.
12-8-96. Corrective action upon release of hazardous wastes, hazardous constituents, or hazardous substances; notice; administrative consent order; expenditure of funds from trust fund.
12-8-96.1. Liability for cleanup costs; punitive damages; action for recovery of costs and damages; claims for contribution.
12-8-96.2. Limitation of liability of corrective action contractors.
12-8-96.3. Limitation of liability for release of hazardous substances for subsequent purchasers of property.
12-8-97. Hazardous site inventory.

Part 3 GEORGIA VOLUNTARY REMEDIATION PROGRAM.

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

Article 4 Repealed].

12-8-110. Reserved.

Article 5 Southeast Interstate Low-Level Radioactive Waste Management Compact.

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

Article 6 Mitigating Effect of Hazardous Materials Discharge.

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

Article 7 Product Packaging.

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

Article 8 Pollution Prevention Assistance Division.

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

Article 9 Georgia Brownfield Program.

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

Cross references.

- Waste control, T. 16, C. 7, A. 2, P. 3.

Establishment of public authorities for recovery and utilization of resources contained in sewage sludge and solid waste, T. 36, C. 63.

Law reviews.

- For article, "Recent Developments in Georgia Solid Waste Law Pile Up," see 28 Ga. St. B.J. 182 (1992). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998).

OPINIONS OF THE ATTORNEY GENERAL

Probate court has no jurisdiction over waste management violations.

- Probate court does not have jurisdiction to try or sentence an individual accused of violating the criminal provisions concerning waste management or air pollution. 1995 Op. Att'y Gen. No. U95-1.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Restrictions on location of and screening and fencing requirements for junkyards, § 32-6-240 et seq.

Law reviews.

- For note on solid waste disposal, flow control ordinances, and regulations, see 32 Ga. L. Rev. 1227 (1998).

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