but for purposes of subsection (b) of this Code section the count of landfills shall not include any permit by rule inert waste landfill or any private industry solid waste disposal facility; and in counting landfills each existing landfill site shall be counted only once even if such landfill site has previously been expanded under a new or existing permit, provided the facilities under each new or existing permit are the same type landfill, are owned by the same person, and are contiguous or if not contiguous are separated only by the width of a public road.
History. Code 1981, § 12-8-25.4 , enacted by Ga. L. 1995, p. 1025, § 2; Ga. L. 1996, p. 6, § 12.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1995, “postclosure” was substituted for “post-closure” in two places in paragraph (c)(2) and “permit-by-rule” was substituted for “permit-by-Rule” in the undesignated language at the end of subsection (c).
Pursuant to Code Section 28-9-5, in 1996, “permit by rule” was substituted for “permit-by-rule” in the undesignated language at the end of subsection (c).
Editor’s notes.
Ga. L. 1995, p. 1025, § 3, not codified by the General Assembly, provides that this Code section is not applicable to a site for which the Environmental Protection Division has issued a letter of site suitability prior to April 20, 1995.
Law reviews.
For article, “Conservation and Natural Resources: Waste Management,” see 28 Ga. St. U.L. Rev. 165 (2011).
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