History. Code 1981, § 12-8-27.1 , enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 5; Ga. L. 1992, p. 3276, § 9; Ga. L. 2013, p. 171, § 2/HB 320; Ga. L. 2013, p. 274, § 3/HB 226; Ga. L. 2021, p. 761, § 2/HB 511.
Delayed effective date.
Code Section 12-8-27.1 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022, see the preceding version.
The 2021 amendment, effective July 1, 2022, substituted the present provisions of subsection (a) for the former provisions, which read: “There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-30.6, and Code Section 12-8-40.1 may be expended by the director, with the approval of the board, for the following purposes:”; added subsections (b) and (c); redesignated former paragraphs (a)(1) through (a)(4) as present paragraphs (c)(1) through (c)(4), respectively; deleted “and” from the end of paragraph (c)(3), added “; and” at the end of paragraph (c)(4), and added paragraph (c)(5); added subsection (d); redesignated former subsections (b) and (c) as present paragraphs (e)(1) and (e)(2), respectively; substituted “into the Solid Waste Trust fund” for “in the solid waste trust fund” in the second sentence of paragraph (e)(1); and deleted former subsection (d), which read: “Any interest earned upon the corpus of the solid waste trust fund shall not become a part thereof but shall be paid over to the division to be utilized by the division for administration of the state solid waste management program. Any funds not expended for this purpose in the fiscal year in which they are generated shall be deposited into the state treasury. Nothing in this Code section shall be construed so as to allow the division to retain any funds required by the Constitution of Georgia to be paid into the state treasury. The division shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, known as the ‘Budget Act’; provided, however, that the division shall be exempt from the provisions of Code Section 45-12-92, which requires payment into the state treasury of moneys collected by state agencies.”
Editor’s notes.
Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: “In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.
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