Penalty for Violation of Article; Restitution to the State for Cleanup of Environmental Hazards; Other Remedies

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  7. Penalty for Violation of Article; Restitution to the State for Cleanup of Environmental Hazards; Other Remedies

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  1. Unless otherwise specified with respect to a particular offense, any person who violates any provision of this article shall be guilty of a misdemeanor.
  2. In addition to any other penalty imposed by law for a violation of this article, if the sentencing court finds that in committing a violation of this article, the defendant contributed to a release of hazardous waste, a hazardous constituent, or a hazardous substance as such terms are defined by Code Sections 12-8-62 and 12-8-92, the court shall require such defendant to make restitution to the State of Georgia pursuant to subsection (a) of Code Section 12-8-96.1 for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state. Restitution made pursuant to this Code section shall not preclude the State of Georgia from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this Code section is supplemental and not exclusive.

(Code 1981, §16-13-56, enacted by Ga. L. 1985, p. 1219, § 7; Ga. L. 2001, p. 816, § 2.)

Cross references.

- Hazardous waste, T. 12, C. 8, A. 3.

JUDICIAL DECISIONS

Cited in Fair v. State, 284 Ga. 165, 664 S.E.2d 227 (2008).


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