Small Business Stationary Source Technical and Environmental Compliance Program; Manager; Advisory Panel

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Prevention and Control of Air Pollution
  5. Air Quality
  6. Small Business Stationary Source Technical and Environmental Compliance Program; Manager; Advisory Panel

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  1. In addition to any other powers which the board may have, the board shall have the authority to establish rules, regulations, standards, policies, and procedures for the implementation of a small business stationary source technical and environmental compliance program, provided that the requirements for the program shall be no less stringent than the requirements of the federal act.The manager of the small business stationary source technical and environmental compliance program may be delegated the following responsibilities:
    1. To develop, collect, coordinate, and disseminate information to small business stationary sources and facilities;
    2. To provide assistance to small business stationary sources and facilities in understanding compliance requirements, permitting procedures, compliance methods and technologies, alternative technologies, allowable modifications, methods of pollution prevention, accidental release prevention and detection, and other areas concerning technical and environmental compliance;
    3. To advise, consult, contract, and cooperate with any private or public organizations or persons, including, but not limited to, federal and state agencies, political subdivisions of the state, stationary sources and facilities, corporations, associations, partnerships, and individuals, in order to encourage cooperation and assist small businesses with complying with this article;
    4. To develop mechanisms for notifying small business stationary sources and facilities on a timely basis of their rights and obligations under this article, including a program for referring small business stationary sources and facilities to qualified auditors who can determine whether the operation of a small business stationary source or facility is in compliance with this article.
  2. There is established within the Department of Natural Resources a small business stationary source technical and environmental compliance office. The office shall be administered by the manager.
  3. The board shall delegate responsibility for implementing the small business stationary source technical and environmental compliance program to the manager.The manager shall represent the public interest and shall not derive a significant portion of his income from persons subject to the rules, regulations, permits, or orders promulgated under this article.
    1. There is established a small business stationary source technical and environmental compliance advisory panel.
    2. The small business advisory panel shall consist of a panel of not fewer than seven members who shall be appointed to the panel as follows:two members shall be selected by the Governor, and such members shall not be owners or representatives of owners of small business stationary sources or facilities and shall represent the general public; four members shall be selected by the General Assembly, with both the majority and minority leaders in the Senate and House of Representatives selecting one member each, and such members shall be owners or representatives of owners of small business stationary sources or facilities; and one member shall be selected by the director and shall be a representative of the Air Protection Branch of the Environmental Protection Division of the Department of Natural Resources.
    3. The small business advisory panel has the following specific functions:
      1. To render advisory opinions on the effectiveness of the small business stationary source technical and environmental compliance office;
      2. To render advisory opinions on the effectiveness of the state air quality program as it affects small businesses;
      3. To prepare periodic reports to the administrator on the compliance status of the small business stationary source technical and environmental compliance office in following the intent of the provisions of the Paperwork Reduction Act of 1986, Public Laws 99-500 and 99-591; the Regulatory Flexibility Act, Public Law 96-354; and the Equal Access to Justice Act, Public Laws 96-481 and 99-80; and
      4. To review information for small business stationary sources or facilities to assure that such information is understandable to the lay person.
    4. The small business stationary source technical and environmental compliance office will serve as the secretariat for the development and dissemination of small business advisory panel reports and advisory opinions and may provide administrative and logistical support to the panel.
  5. The small business stationary source technical and environmental compliance office and the small business stationary source technical and environmental compliance advisory panel shall be adequately funded in exercising the powers and duties granted in this Code section.The funds to cover the costs of developing and implementing this small business stationary source technical and environmental compliance program shall be provided from funds appropriated to the department.

(Code 1981, §12-9-25, enacted by Ga. L. 1992, p. 2886, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "article" was substituted for "chapter" in this Code section.

Law reviews.

- For note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 179 (1992).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, § 532 et seq.

ALR.

- Attorney's Fees for Environmental Litigation under Equal Access to Justice Act, 28 U.S.C.A. § 2412(d), 47 A.L.R. Fed. 3d Art. 1.

Asylum Claims Based Upon Sexual Orientation and Transgender Status, 47 A.L.R. Fed. 3d Art. 2.

Supreme Court Jurisprudence on Prudential Standing, 47 A.L.R. Fed. 3d Art. 6.

ARTICLE 2 MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE

Administrative Rules and Regulations.

- Low emission vehicle certification, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Chapter 391-3-25.

Law reviews.

- For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 186 (1992).

JUDICIAL DECISIONS

No private cause of action.

- Trial court erred in denying an auto sales company's motion for a directed verdict on the buyer's claim under the Georgia Motor Vehicle Emission Inspection and Maintenance Act, O.C.G.A. § 12-9-54, because the statute does not provide a civil remedy nor contain an express private cause of action and the appellate court could not allocate the compensatory damages award among the several counts; thus, the jury's verdict had to be reversed in its entirety and the case remanded for a new trial. Gobran Auto Sales, Inc. v. Bell, 335 Ga. App. 873, 783 S.E.2d 389 (2016).

OPINIONS OF THE ATTORNEY GENERAL

No exemption for dual fuel capacity vehicles under this part (now O.C.G.A. Art. 2, Ch. 9, T. 12) is provided by O.C.G.A. § 40-8-130(d). 1981 Op. Att'y Gen. No. 81-84.

Any motor vehicle that can be propelled by gasoline combustion power is subject to requirements of this part (now O.C.G.A. Art. 2, Ch. 9, T. 12) even though the vehicle may also be capable of being propelled by natural or liquid petroleum gas. 1981 Op. Att'y Gen. No. 81-84.

RESEARCH REFERENCES

Carbon Monoxide Brain Damage, 22 POF2d 135.


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