For the purpose of (1) determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article, or (2) investigating conditions relating to air pollution or possible air pollution, where the director is in possession of information sufficient to form a reasonable belief that air pollution or possible air pollution in violation of this article is occurring or about to occur, the director or his authorized representative, upon presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to this article or premises whereon a violation of this article is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, sample emissions, and inspect for compliance with the requirements imposed under this article or to determine whether such a violation or threatened violation exists; provided, however, that this Code section in no way limits the authority of any other person or entity to inspect any source or facility as may be provided by the federal act.
History. Code 1933, 88-907, enacted by Ga. L. 1967, p. 581, § 1; Ga. L. 1978, p. 275, § 11; Code 1981, § 12-9-10 ; Ga. L. 1982, p. 3, § 12; Ga. L. 1992, p. 918, § 2; Code 1981, § 12-9-11 , as redesignated by Ga. L. 1992, p. 2886, § 1.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “this article” was substituted for “the article” in two places near the middle of this Code section.
Editor’s notes.
Ga. L. 1992, p. 2886, § 1, effective July 1, 1992, redesignated former Code Section 12-9-11 as present Code Section 12-9-12.
Structure Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 9 - Prevention and Control of Air Pollution
§ 12-9-2. Declaration of Public Policy
§ 12-9-4. Designation of Division as Agency to Administer Article
§ 12-9-5. Powers and Duties of Board of Natural Resources as to Air Quality Generally
§ 12-9-6. Powers and Duties of Director as to Air Quality Generally
§ 12-9-8. Renewal or Revision of Permit
§ 12-9-9. Notice Requirements for Permit Applications and Actions Regarding Permits
§ 12-9-10. Permit Related Fees; Costs of Public Notice
§ 12-9-11. Inspections and Investigations
§ 12-9-13. Proceedings for Enforcement
§ 12-9-15. Hearing; Judicial Review
§ 12-9-16. Hearings and Review
§ 12-9-17. Legal Assistance by Attorney General
§ 12-9-18. Powers of Governor as to Air Quality Control Generally
§ 12-9-19. Protection of Confidential Information Obtained by Division
§ 12-9-20. Continuation in Effect of Rules, Regulations, and Permits
§ 12-9-22. Noncompliance Penalties
§ 12-9-23. Civil Penalties; Procedures for Imposing Penalties
§ 12-9-24. Criminal Penalties; Evidence; Affirmative Defenses