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Powers and Duties of Director

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The director shall have and may exercise the following powers and duties:
1. To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued under this part;
2. To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary;
3. 1. To issue all permits contemplated by this part, stipulating in each permit the conditions or limitations under which such permit is to be issued, and to deny, revoke, transfer, modify, suspend, or amend such permits.
  2. To refuse to grant such permit if the director finds by clear and convincing evidence that the applicant for a permit or, in the case of a corporation, partnership, or association, an officer, director, manager, or shareholder of 5 percent or more of stock or financial interest in said corporation, partnership, or association:
    1. Has intentionally misrepresented or concealed any material fact in the application submitted to the director;
    2. Has obtained or attempted to obtain the permit by misrepresentation or concealment;
    3. Has been convicted by final judgment, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within the three years immediately preceding the application for a permit;
    4. Has been convicted of any violations of any environmental laws punishable as a felony in any state or federal court within the five years preceding the application for a permit;
    5. Has knowingly, willfully, and consistently violated the prohibitions specified in Code Section 12-8-30.7; or
    6. Has been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of the State of Georgia within the five years preceding the application for a permit;
4. To make investigations, analyses, and inspections to determine and ensure compliance with this part, the rules and regulations promulgated under this part, and any permits or orders which the director may issue;
5. To enter into such contracts as may be required or necessary to effectuate this part or the rules and regulations promulgated under this part;
6. To prepare, develop, amend, modify, submit, and implement any comprehensive plan or program sufficient to comply with this part or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state and to enforce such plan or program;
7. To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions of this state, and other designated organizations, authorities, or entities and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities;
8. To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this part and all rules or regulations promulgated under this part;
9. To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this part, the rules and regulations promulgated under this part, or any orders or permits issued under this part;
10. To accept, receive, administer, and disburse grants from public or private sources for the purpose of the proper administration of this part or for the purpose of carrying out any of the duties, powers, or responsibilities under this part;
11. To grant variances in accordance with this part and the rules and regulations promulgated under this part, provided that such variances are not inconsistent with any applicable federal act and rules or regulations promulgated under such federal act;
12. To require any person who is engaged in solid waste handling subject to the permit by rule provisions of this part to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity, identify the solid waste handled, and give any other information which may be deemed relevant, under such conditions as the director may prescribe;
13. To render technical assistance to state, regional, and local governments and others in the planning and operation of solid waste handling;
14. To develop criteria and a system of priorities for the distribution of any state funds as may be available through a state grant-in-aid program to assist financially local governments and authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part;
15. To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, authority, or agency of the state for the purpose of solid waste handling; provided, however, the financial review and approval or disapproval for a loan will be made by the Georgia Environmental Finance Authority;
16. To develop environmental standards for solid waste management planning to assist local governments, authorities, and corporations in the preparation of local and regional plans prepared in accordance with the requirements of this part;
17. To advise and consult, cooperate, and contract with other agencies of this state, authorities, political subdivisions of this state, and other designated agencies, entities, persons, and corporations and with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations and entities on matters concerning educating the public on all aspects of proper solid waste management;
18. To collect and disburse all fees and funds authorized or imposed by this article;
19. To collect fees related to the sale of new replacement tires and with such fees administer such programs as may be necessary to ensure that scrap tires are regulated from the point of generation to the point of ultimate disposal to protect public health and the environment; and
20. To exercise all incidental powers necessary to carry out the purposes of this part.
The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper.

(Code 1981, §12-8-23.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1990, p. 1222, § 1; Ga. L. 1992, p. 2234, § 3; Ga. L. 1992, p. 3259, § 4; Ga. L. 1992, p. 3276, § 3; Ga. L. 2010, p. 949, § 1/HB 244.)

The 2010 amendment, effective July 1, 2010, substituted "Georgia Environmental Finance Authority" for "Georgia Environmental Facilities Authority" at the end of paragraph (a)(15).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, former paragraph (a)(18), which was redesignated as paragraph (a)(19) by Ga. L. 1992, p. 2234, § 3, was redesignated as paragraph (a)(20).

Pursuant to Code Section 28-9-5, in 1992, in subsection (a), "and" was deleted at the end of paragraph (18) and "; and" was added at the end of paragraph (19).

Law reviews.

- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).

JUDICIAL DECISIONS

Evidence of misrepresentation or concealment.

- Clear and convincing evidence of misrepresentation or concealment justified rejection of a solid waste landfill permit when the city had been enjoined from holding the necessary public hearing, and the solid waste company held the hearing and tried to mislead the Environmental Protection Division by insinuating that it had acted on behalf of the city. Bartram Envtl., Inc. v. Reheis, 235 Ga. App. 204, 509 S.E.2d 114 (1998).

"Any evidence" standard of review.

- Trial court applied the correct "any evidence" standard of review to the administrative law judge's findings that the factual evidence of misrepresentation and concealment regarding a solid waste landfill permit application satisfied the clear and convincing evidence standard of O.C.G.A. § 12-8-23.1. Bartram Envtl., Inc. v. Reheis, 235 Ga. App. 204, 509 S.E.2d 114 (1998).

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