Effect of Other Laws on Permits Issued Under Article and Rules and Regulations

Checkout our iOS App for a better way to browser and research.

Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article.

(Ga. L. 1979, p. 1127, § 21; Ga. L. 1992, p. 2234, § 5.)

Law reviews.

- For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982). For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For survey article on real property, see 34 Mercer L. Rev. 255 (1982).

JUDICIAL DECISIONS

Preemption feature of O.C.G.A. Art. 3, Ch. 8, T. 12 operates only in regard to facility already holding valid permit. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981).


Download our app to see the most-to-date content.