As used in this article, the term:
(1.1) “Biomedical waste” means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials.
(4.1) “Commercial solid waste” means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
(5.1) “Construction or demolition waste” means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings, and other structures. Such waste includes but is not limited to waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper, cardboard, and other nonputrescible wastes associated with construction and demolition activities which have a low potential for ground-water contamination. Inert waste landfill materials approved by the board for disposal in landfills permitted by rule and regulation are also included in this definition if disposed in a construction or demolition waste landfill.
(9.1) “Feedstock” means raw material that is used in a machine or industrial process.
(10.1) “Gasification to fuels and chemicals” means a process through which recovered materials or other nonrecycled feedstock is heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere, and such mixture is converted into fuel, including ethanol and transportation fuel, chemicals, or other chemical feedstocks.
(10.2) “Gasification to fuels and chemicals facility” means a facility that collects, separates, stores, or converts nonrecycled feedstock into fuels, chemicals, or other valuable final or intermediate products using a gasification to fuels and chemicals process. Such term shall not include a waste handling facility or solid waste thermal treatment facility.
(12.1) “Industrial solid waste” means solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated under Part 1 of Article 3 of this chapter, the “Georgia Hazardous Waste Management Act.” Such waste includes, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textiles; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
(15.1) “Litter” has the meaning provided by Code Section 16-7-42.
(17.1) “Multijurisdictional solid waste management plan” means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more jurisdictions.
(20.1) “Nonrecycled feedstock” means one or more of the following materials, derived from nonrecycled materials, that has been processed so that it may be used as a feedstock in a gasification to fuels and chemicals facility, but excluding coal refuse and scrap tires:
(22.1) “Post-use plastics” means recovered plastics, derived from any source, that are not being used for their originally intended purpose and that might otherwise become waste if not processed at a pyrolysis or gasification to fuels and chemicals facility or recycled, and the term includes plastics that may contain incidental contaminants or impurities such as paper labels or metal rings.
(24.1) “Pyrolysis” means a process through which post-use plastics are heated, in an oxygen-free environment, until melted and thermally decomposed, then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock; waxes or lubricants; or other similar raw materials or intermediate or final products.
(24.2) “Pyrolysis facility” means a facility that collects, separates, stores, or converts post-use plastics into fuels or other valuable final or intermediate products using a pyrolysis process. Pyrolysis facilities shall not be considered solid waste handling facilities or solid waste thermal treatment facilities.
(27.1) “Regional landfill or regional solid waste disposal facility” means a facility owned by a county, municipality, authority, or special district empowered to engage in solid waste management activities, or any combination thereof, which serves two or more or any combination of counties, municipalities, or special solid waste districts.
(27.2) “Regional solid waste management plan” means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more counties and may include one or more municipal corporations within those counties.
(38.1) “Tire carrier” means any person engaged in collecting or transporting tires, other than new tires.
(40.1) “Used tire” means a tire which has a minimum of 2/32 inch of road tread and which is still suitable for its original purpose but is no longer new. A tire retailer shall inventory and market used tires in substantially the same fashion as a new tire and be able to provide satisfactory evidence to the division that a market for the tire exists and the tire is in fact being marketed as a used tire. A used tire shall not be considered solid waste.
History. Code 1981, § 12-8-22 , enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 2234, § 2; Ga. L. 1992, p. 3259, § 2; Ga. L. 1992, p. 3276, § 1; Ga. L. 1993, p. 91, § 12; Ga. L. 1993, p. 399, §§ 3, 4; Ga. L. 2005, p. 1247, §§ 3-6/SB 122; Ga. L. 2006, p. 275, § 3-1/HB 1320; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2013, p. 274, § 1/HB 226; Ga. L. 2018, p. 760, § 1/HB 785.
Cross references.
Disposal of diseased, disabled, or dead animals generally, T. 4, C. 5.
Abandonment of dead dogs, §§ 4-8-1.1 , 4-8-2 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “semisolid” was substituted for “semi-solid” in paragraph (33).
Editor’s notes.
Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’ ”
Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.
U.S. Code.
The Federal Water Pollution Control Act or the Clean Water Act, referred to in paragraph (33) of this Code section, is codified at 33 U.S.C. § 1342 .
Law reviews.
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
For article, “Conservation and Natural Resources: Waste Management,” see 28 Ga. St. U.L. Rev. 165 (2011).
For annual survey on zoning and land use law, see 69 Mercer L. Rev. 371 (2017).
Structure Georgia Code
Title 12 - Conservation and Natural Resources
Article 2 - Solid Waste Management
§ 12-8-21. Declaration of Policy; Legislative Intent
§ 12-8-23. Powers and Duties of Board
§ 12-8-23.1. Powers and Duties of Director
§ 12-8-24.1. Certification of Municipal Solid Waste Disposal Facility Operators
§ 12-8-24.2. Public Hearing Prior to Entering Contract Regarding Landfill
§ 12-8-24.3. Notification of Contaminant Release From Landfill
§ 12-8-25. Sites in Certain Counties Within One-Half Mile of Adjoining County
§ 12-8-25.1. Sites Within 5,708 Yards of National Historic Site
§ 12-8-25.2. Sites Within Two Miles of Significant Ground-Water Recharge Area
§ 12-8-25.4. Limits on the Number of Solid Waste Facilities Within Given Area
§ 12-8-25.5. Locating Disposal Facility Near Private Recreational Camp
§ 12-8-26. Public Meetings on Site Selection; Notice; Decision
§ 12-8-27.1. [Effective Until July 1, 2022] Solid Waste Trust Fund
§ 12-8-27.1. [Effective July 1, 2022] Solid Waste Trust Fund
§ 12-8-27.2. Financial Responsibility
§ 12-8-28. Lead Acid Vehicle Batteries
§ 12-8-29. Investigations by Director; Actions to Enforce Article
§ 12-8-29.1. Authority to Enter Property for Inspection and Investigation
§ 12-8-29.2. Confidentiality of Information Obtained by Director or Agents
§ 12-8-30. Director’s Order for Corrective Action
§ 12-8-30.2. Hearings and Review of Actions and Orders
§ 12-8-30.3. Judgment in Accordance With Director’s Order
§ 12-8-30.4. Injunctive Relief
§ 12-8-30.5. Attorney General’s Duties
§ 12-8-30.6. Civil Penalties for Violations; Procedures
§ 12-8-30.8. Penalties for Violations
§ 12-8-30.9. Powers of Local Governmental Bodies and State Not Limited by This Part
§ 12-8-30.10. Exemption for Private Individuals
§ 12-8-31. State Solid Waste Management Plan; Reporting
§ 12-8-32. Permits for Regional Solid Waste Disposal Facilities
§ 12-8-33. Recycling Market Development Council
§ 12-8-34. Labeling Rigid Plastic Containers or Bottles
§ 12-8-36. State Agency Recycling and Collection Programs
§ 12-8-37. Financial Aid From Federal Government or Other Sources
§ 12-8-37.1. [Effective Until July 1, 2022] State Grants Authorized
§ 12-8-37.1. [Effective July 1, 2022] State Grants Authorized
§ 12-8-39. [Effective July 1, 2022] Cost Reimbursement Fees; Surcharges; Exempt Contracts; Reporting
§ 12-8-39.1. Program for Reduction of Municipal Solid Waste on per Capita Basis
§ 12-8-39.3. Authorization to Enforce Collection of Taxes, Fees, or Assessments
§ 12-8-40. Exemption for Livestock-Feeding Facility
§ 12-8-40.1. [Effective Until July 1, 2022] Tire Disposal Restrictions; Fees
§ 12-8-40.1. [Effective July 1, 2022] Tire Disposal Restrictions; Fees
§ 12-8-40.2. Yard Trimmings Disposal Restrictions