It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part.
(Code 1981, §12-8-30.7, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 10.)
Law reviews.- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code Section 12-8-26 are included in the annotations for this Code section.
Negligence action not available for breach of duty imposed by section.
- Even if this statute were construed as imposing a general duty of safety beyond the primary duty of minimizing any environmental hazards, there is still no statutory authorization for a negligence action based on a breach of that duty. Dinsmore v. Cherokee County, 177 Ga. App. 93, 338 S.E.2d 523 (1985) (decided under former O.C.G.A. § 12-8-26).
RESEARCH REFERENCES
Am. Jur. 2d.
- 58 Am. Jur. 2d, Nuisances, §§ 201, 202.
C.J.S.- 66 C.J.S., Nuisances, § 83.