This part shall be known and may be cited as the "Georgia Comprehensive Solid Waste Management Act."
(Code 1981, §12-8-20, enacted by Ga. L. 1990, p. 412, § 1.)
Law reviews.- For annual survey on local government law, see 42 Mercer L. Rev. 359 (1990). For summary review article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008). For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 231 (1990).
JUDICIAL DECISIONS
Unrefuted evidence presented in support of the county's motion for reconsideration established that the existing landfill did not accept C&D waste; therefore, the trial court's finding that the county did not permit the placement of C&D waste in the county's existing landfill was not supported by the evidence of record. Lamar County v. E.T. Carlyle Co., 277 Ga. 690, 594 S.E.2d 335 (2004).
Garbage collection services contracts.
- County's alleged anticompetitive conduct in enacting an ordinance authorizing the county to enter into a contract with a private enterprise for garbage collection was expressly contemplated by the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq., and, thus, the county was immune from state and federal antitrust laws. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).
Prior consent order did not amount to criminal punishment to which double jeopardy prohibitions applied.
- Trial court properly denied a solid waste facility operator's double jeopardy plea in bar of prosecution because even though the parties stipulated that the consent order and the criminal action alleged the same nuisance conduct and each proceeding had the same goals of restraint, deterrence, and abatement, the criminal action was not barred by the sanctions imposed in the consent order since the consent order did not amount to criminal punishment to which double jeopardy prohibitions applied. Wilbros, LLC v. State, 294 Ga. 514, 755 S.E.2d 145 (2014).
Cited in Chambers of Ga., Inc. v. Department of Natural Resources, 232 Ga. App. 632, 502 S.E.2d 553 (1998); R&J Murray, LLC v. Murray County, 282 Ga. 740, 653 S.E.2d 720 (2007).