Garbage, Trash, Waste, or Refuse Not to Be Transported Across State or County Boundaries for Dumping Without Permission; Exemption

1. Law
2. Georgia Code
3. Local Government
4. General Provisions
5. Garbage, Trash, Waste, or Refuse Not to Be Transported Across State or County Boundaries for Dumping Without Permission; Exemption

1. No person, firm, corporation, or employee of any municipality shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
2. Subsection (a) of this Code section shall not apply to the transportation of any material which is regulated pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," or Article 1 of Chapter 9 of Title 12, "The Georgia Air Quality Act."

(Ga. L. 1971, p. 445, § 1; Ga. L. 1978, p. 1911, § 1; Ga. L. 1990, p. 1345, § 1; Ga. L. 1992, p. 918, § 3; Ga. L. 1993, p. 91, § 36.)

Cross references.

- Solid waste handling, disposal, generally, T. 12, C. 8.

Law reviews.

- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007) and 60 Mercer L. Rev. 262 (2008). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007) and 60 Mercer L. Rev. 457 (2008). For note on 1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 186 (1992).

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. § 36-1-16 is constitutional, and the statute gives Georgia counties a role in protecting the public health and welfare with respect to the operation of waste dumps within the counties' respective boundaries. Diamond Waste, Inc. v. Monroe County, 939 F.2d 941 (11th Cir. 1991).

O.C.G.A. § 36-1-16(a) is unconstitutional because the statute impairs interstate commerce by improperly giving Georgia counties the power to veto the importation of solid waste. Fulton County v. City of Atlanta, 280 Ga. 353, 629 S.E.2d 196 (2006).

Unconstitutional application.

- County's application of O.C.G.A. § 36-1-16 to prohibit a waste management company from operating a landfill, which was owned by a municipality but located in the county, as a regional landfill, i.e., from receiving waste from outside the county and from outside the state, violated the company's constitutional commerce clause right to engage in interstate commerce without discriminatory intervention. Diamond Waste, Inc. v. Monroe County, 731 F. Supp. 505 (M.D. Ga. 1990), aff'd in part, vacated in part on other grounds, 939 F.2d 941 (11th Cir. 1991).

County resolution preventing a waste management firm from importing waste of any kind into the county from other counties and other locations violated the commerce clause of the federal constitution. Diamond Waste, Inc. v. Monroe County, 939 F.2d 941 (11th Cir. 1991).

Judgments from federal court binding on state court during appeal.

- Since simultaneous actions challenging the constitutionality of O.C.G.A. § 36-1-16 were pending in state and federal court, and an appeal from the federal district court order was pending, estoppel by judgment precluded state court consideration of the matter on appeal because judgments from a federal court remain binding during the pendency of an appeal. Mayor of Forsyth v. Monroe County, 260 Ga. 296, 392 S.E.2d 865 (1990).

RESEARCH REFERENCES

ALR.

- Validity of statutory or municipal regulations as to garbage, 72 A.L.R. 520; 135 A.L.R. 1305.

Regulation and licensing of private garbage or rubbish removal services, 83 A.L.R.2d 799.

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