Powers of Local Governmental Bodies and State Not Limited by This Part

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Waste Management
  5. Solid Waste Management
  6. General Provisions
  7. Powers of Local Governmental Bodies and State Not Limited by This Part

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No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:

  1. On the power of a municipality, county, authority, or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;
  2. On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;
  3. On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or
  4. On the power of any state agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer.

(Code 1981, §12-8-30.9, enacted by Ga. L. 1990, p. 412, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, a comma was inserted following "authority" near the beginning of paragraph (1).

JUDICIAL DECISIONS

County ordinance covering payment of garbage collection fees.

- State constitution, statutes, and case law permit a county to enact an ordinance making property owners responsible for the payment of garbage collection fees for the owners' rental property. Board of Comm'rs v. Guthrie, 273 Ga. 1, 537 S.E.2d 329 (2000).

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).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1972, pp. 1002 and 1006 are included in the annotations for this Code section.

"County" construed.

- Reference to "county" should be construed broadly enough to cover other county governmental bodies. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, pp. 1002 and 1006).


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