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Article 1 - General Provisions
§ 12-8-1. Notice of Denial of Individual Sewage Disposal Permits; Duty to Consider Denial in Ad Valorem Tax Determinations - History. Code 1933, § 88-310, enacted by Ga. L. 1978,...
§ 12-8-2. Dumping Sanitary Sewer, Kitchen, or Toilet Wastes in Storm or Sanitary Sewers Prohibited; Forfeiture of Involved Vehicles - History. Code 1981, § 12-8-2 , enacted by Ga. L....
Article 2 - Solid Waste Management
Part 1 - General Provisions
§ 12-8-20. Short Title - This part shall be known and may be cited as...
§ 12-8-21. Declaration of Policy; Legislative Intent - History. Code 1981, § 12-8-21 , enacted by Ga. L....
§ 12-8-22. Definitions - As used in this article, the term: (1.1) “Biomedical waste”...
§ 12-8-23. Powers and Duties of Board - In the performance of its duties the board shall have...
§ 12-8-23.1. Powers and Duties of Director - History. Code 1981, § 12-8-23.1 , enacted by Ga. L....
§ 12-8-24. Permits for Solid Waste or Special Solid Waste Handling, Disposal, or Thermal Treatment Technology Facility; Inspection of Solid Waste Generators - History. Code 1981, § 12-8-24 , enacted by Ga. L....
§ 12-8-24.1. Certification of Municipal Solid Waste Disposal Facility Operators - History. Code 1981, § 12-8-24.1 , enacted by Ga. L....
§ 12-8-24.2. Public Hearing Prior to Entering Contract Regarding Landfill - The governing authority of any county or municipal corporation and...
§ 12-8-24.3. Notification of Contaminant Release From Landfill - The owner or operator of a municipal solid waste landfill...
§ 12-8-25. Sites in Certain Counties Within One-Half Mile of Adjoining County - History. Code 1981, § 12-8-25 , enacted by Ga. L....
§ 12-8-25.1. Sites Within 5,708 Yards of National Historic Site - In order to preserve historic sites and their natural and...
§ 12-8-25.2. Sites Within Two Miles of Significant Ground-Water Recharge Area - No permit shall be issued for a municipal solid waste...
§ 12-8-25.3. Further Restrictions on Sites Within Significant Ground-Water Recharge Area or Near Military Air Space Used as Bombing Range - History. Code 1981, § 12-8-25.3 , enacted by Ga. L....
§ 12-8-25.4. Limits on the Number of Solid Waste Facilities Within Given Area - but for purposes of subsection (b) of this Code section...
§ 12-8-25.5. Locating Disposal Facility Near Private Recreational Camp - No permit shall be issued for any new municipal solid...
§ 12-8-26. Public Meetings on Site Selection; Notice; Decision - History. Code 1981, § 12-8-26 , enacted by Ga. L....
§ 12-8-27.1. [Effective Until July 1, 2022] Solid Waste Trust Fund - History. Code 1981, § 12-8-27.1 , enacted by Ga. L....
§ 12-8-27.1. [Effective July 1, 2022] Solid Waste Trust Fund - History. Code 1981, § 12-8-27.1 , enacted by Ga. L....
§ 12-8-27.2. Financial Responsibility - History. Code 1981, § 12-8-27.2 , enacted by Ga. L....
§ 12-8-28. Lead Acid Vehicle Batteries - IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN...
§ 12-8-29. Investigations by Director; Actions to Enforce Article - The director shall have the authority to investigate any apparent...
§ 12-8-29.1. Authority to Enter Property for Inspection and Investigation - The director or his duly authorized representatives shall have the...
§ 12-8-29.2. Confidentiality of Information Obtained by Director or Agents - History. Code 1981, § 12-8-29.2 , enacted by Ga. L....
§ 12-8-30. Director’s Order for Corrective Action - Whenever the director has reason to believe that a violation...
§ 12-8-30.1. Emergency Orders - Whenever the director finds that an emergency exists requiring immediate...
§ 12-8-30.2. Hearings and Review of Actions and Orders - All hearings on and review of contested matters and orders...
§ 12-8-30.3. Judgment in Accordance With Director’s Order - The director may file in the superior court of the...
§ 12-8-30.4. Injunctive Relief - Whenever in the judgment of the director any person has...
§ 12-8-30.5. Attorney General’s Duties - It shall be the duty of the Attorney General or...
§ 12-8-30.6. Civil Penalties for Violations; Procedures - History. Code 1981, § 12-8-30.6 , enacted by Ga. L....
§ 12-8-30.7. Unlawful Acts - It shall be unlawful for any person to engage in...
§ 12-8-30.8. Penalties for Violations - shall, upon conviction, be subject to a fine of not...
§ 12-8-30.9. Powers of Local Governmental Bodies and State Not Limited by This Part - No provision of this part and no rule, regulation, or...
§ 12-8-30.10. Exemption for Private Individuals - This part shall not apply to any individual disposing of...
§ 12-8-31. State Solid Waste Management Plan; Reporting - History. Code 1981, § 12-8-31 , enacted by Ga. L....
§ 12-8-31.1. Local, Multijurisdictional, or Regional Solid Waste Plans; Reporting by Cities and Counties; Annual Reporting Requirements for Landfill Owners and Operators - History. Code 1981, § 12-8-31.1 , enacted by Ga. L....
§ 12-8-32. Permits for Regional Solid Waste Disposal Facilities - History. Code 1981, § 12-8-32 , enacted by Ga. L....
§ 12-8-33. Recycling Market Development Council - History. Code 1981, § 12-8-33 , enacted by Ga. L....
§ 12-8-34. Labeling Rigid Plastic Containers or Bottles - 1-PETE” (polyethylene terephthalate) “2-HDPE” (high-density polyethylene) “3-V” (vinyl) “4-LDPE” (low-density...
§ 12-8-35. Review of Purchases and Purchasing Specifications, Practices, and Procedures by Commissioner of Administrative Services - History. Code 1981, § 12-8-35 , enacted by Ga. L....
§ 12-8-36. State Agency Recycling and Collection Programs - History. Code 1981, § 12-8-36 , enacted by Ga. L....
§ 12-8-37. Financial Aid From Federal Government or Other Sources - The director shall be the state representative to receive and...
§ 12-8-37.1. [Effective Until July 1, 2022] State Grants Authorized - History. Code 1981, § 12-8-37.1 , enacted by Ga. L....
§ 12-8-37.1. [Effective July 1, 2022] State Grants Authorized - History. Code 1981, § 12-8-37.1 , enacted by Ga. L....
§ 12-8-38. Funds Generated by Division; Use for Operation and Maintenance; Deposit of Unexpended Funds - Notwithstanding any other provision of law, the department is authorized...
§ 12-8-39. [Effective Until July 1, 2022] Cost Reimbursement Fees; Surcharges; Exempt Contracts; Reporting - History. Code 1981, § 12-8-39 , enacted by Ga. L....
§ 12-8-39. [Effective July 1, 2022] Cost Reimbursement Fees; Surcharges; Exempt Contracts; Reporting - History. Code 1981, § 12-8-39 , enacted by Ga. L....
§ 12-8-39.1. Program for Reduction of Municipal Solid Waste on per Capita Basis - Effective July 1, 1992, each city or county as a...
§ 12-8-39.3. Authorization to Enforce Collection of Taxes, Fees, or Assessments - History. Code 1981, § 12-8-39.3 , enacted by Ga. L....
§ 12-8-40. Exemption for Livestock-Feeding Facility - This article shall not apply to any individual, corporation, partnership,...
§ 12-8-40.1. [Effective Until July 1, 2022] Tire Disposal Restrictions; Fees - (c.1) No person shall process scrap tires unless the person...
§ 12-8-40.1. [Effective July 1, 2022] Tire Disposal Restrictions; Fees - (c.1) No person shall process scrap tires unless the person...
§ 12-8-40.2. Yard Trimmings Disposal Restrictions - History. Code 1981, § 12-8-40.2 , enacted by Ga. L....
§ 12-8-40.3. Disposal of Shingles Containing Asphalt - It shall be unlawful to dispose of any roofing shingles...
§ 12-8-41. Department to Provide Permits - The department shall provide by rule or regulation for the...
Part 2 - Regional Solid Waste Management Authorities
§ 12-8-50. Short Title - This part shall be known and may be cited as...
§ 12-8-51. Authority for Enactment; Nonprofit and Public Purposes of Authorities; Tax Exemption; State Policy; Unfair Competition With Private Sector Prohibited - History. Code 1981, § 12-8-51 , enacted by Ga. L....
§ 12-8-52. Definitions - As used in this part, the term: History. Code 1981,...
§ 12-8-53. Creation of Authorities - History. Code 1981, § 12-8-53 , enacted by Ga. L....
§ 12-8-54. Board of Directors - History. Code 1981, § 12-8-54 , enacted by Ga. L....
§ 12-8-55. Quorum; Majority Vote Requirement - A majority of the directors shall constitute a quorum for...
§ 12-8-56. Powers of Authority - Each authority shall have all of the powers necessary or...
§ 12-8-57. Limitation on Liability of Members, Officers, or Employees of Authority - Except for gross negligence or willful or wanton misconduct, neither...
§ 12-8-58. Bonds or Other Obligations; Limitations and Procedures for Issuance - History. Code 1981, § 12-8-58 , enacted by Ga. L....
§ 12-8-59. Bonds or Other Obligations Not Indebtedness of State or Political Subdivision - No bonds or other obligations of and no indebtedness incurred...
§ 12-8-59.1. Liberal Construction of Part; Bonds Not Subject to Other State Law; Other Authorities - History. Code 1981, § 12-8-59.1 , enacted by Ga. L....
§ 12-8-59.2. Resolutions or Ordinances Declaring Functioning of Previously Activated Authority Unnecessary - History. Code 1981, § 12-8-59.2 , enacted by Ga. L....
Article 3 - Hazardous Waste
Part 1 - Hazardous Waste Management
§ 12-8-60. Short Title - This part shall be known as and may be cited...
§ 12-8-61. Legislative Policy - It is declared to be the public policy of the...
§ 12-8-62. Definitions - As used in this part, the term: History. Ga. L....
§ 12-8-63. Administration of Article by Division; Enforcement of Article by Director - The division shall be the state agency to administer this...
§ 12-8-64. Powers and Duties of Board as to Hazardous Waste - In the performance of its duties, the board shall have...
§ 12-8-65. Powers and Duties of Director as to Hazardous Waste - History. Ga. L. 1979, p. 1127, § 6; Ga. L....
§ 12-8-65.1. Hazardous Waste Reduction Plans; Specific Performance Goals; Biennial Progress Reports; Rules and Regulations - History. Code 1981, § 12-8-65.1 , enacted by Ga. L....
§ 12-8-65.2. Updating Plans and Reports; Technical Assistance; Information Available to Public - History. Code 1981, § 12-8-65.2 , enacted by Ga. L....
§ 12-8-65.3. Plans and Reports by Out-of-State Generators Storing, Treating, or Disposing of Hazardous Waste in State - History. Code 1981, § 12-8-65.3 , enacted by Ga. L....
§ 12-8-65.4. Duplication of Prior Reporting Requirements Not Required - Nothing contained in Code Sections 12-8-65.1 through 12-8-65.3 or Code...
§ 12-8-66. Permits for Construction, Installation, Operation, or Alteration of Hazardous Waste Facilities - History. Ga. L. 1979, p. 1127, § 8; Ga. L....
§ 12-8-67. Hazardous Waste in Transit to Be Accompanied by Manifest - No hazardous waste shall be transported across, within, or through...
§ 12-8-68. Requirement of Financial Responsibility for Persons Operating or Maintaining Hazardous Waste Storage, Treatment, or Disposal Facility; Hazardous Waste Facility Trust Fund - History. Ga. L. 1979, p. 1127, § 10; Ga. L....
§ 12-8-69. Variances - History. Ga. L. 1979, p. 1127, § 11; Ga. L....
§ 12-8-70. Inspections and Investigations - History. Ga. L. 1979, p. 1127, § 12; Ga. L....
§ 12-8-71. Proceedings for Enforcement - History. Ga. L. 1979, p. 1127, § 13; Ga. L....
§ 12-8-72. Application for Injunctive Relief - Whenever, in the judgment of the director, any person has...
§ 12-8-73. Hearings on Contested Matters; Judicial Review - All hearings on and the review of contested matters, orders,...
§ 12-8-74. Judgment in Accordance With Final Orders - Any order of the hearing officer issued after a hearing...
§ 12-8-75. Powers of Director in Situations Involving Imminent and Substantial Endangerment to Environment or to Public Health - Notwithstanding any provision of this article to the contrary, the...
§ 12-8-76. Legal Assistance by Attorney General - It shall be the duty of the Attorney General or...
§ 12-8-77. Contracts to Provide Solid Waste Handling, Reclamation, or Recycling Services - History. Ga. L. 1979, p. 1127, § 19; Ga. L....
§ 12-8-78. Public Access to Information; Protection of Confidential Information; Access to Confidential Information by Federal Government and Courts - History. Ga. L. 1979, p. 1127, § 20; Ga. L....
§ 12-8-79. Effect of Other Laws on Permits Issued Under Article and Rules and Regulations - Subject to the provisions of the Constitution of Georgia, no...
§ 12-8-81. Civil Penalties; Procedures for Imposing Penalties - History. Ga. L. 1979, p. 1127, § 17; Ga. L....
§ 12-8-82. Criminal Penalty - shall, upon conviction, be subject to a fine of not...
§ 12-8-83. Use of Material Mixed With Dioxin or Other Hazardous Waste for Dust Suppression or Road Treatment Prohibited - The use of waste or used oil or other material...
Part 2 - Hazardous Site Response
§ 12-8-90. Short Title - This part shall be known and may be cited as...
§ 12-8-91. [Effective Until July 1, 2022] Declaration of Policy and Legislative Intent - History. Code 1981, § 12-8-91 , enacted by Ga. L....
§ 12-8-91. [Effective July 1, 2022] Declaration of Policy and Legislative Intent - History. Code 1981, § 12-8-91 , enacted by Ga. L....
§ 12-8-92. Definitions - Unless otherwise defined in this part, the definition of all...
§ 12-8-93. Powers and Duties of Board - History. Code 1981, § 12-8-93 , enacted by Ga. L....
§ 12-8-94. [For Effective Date, See Note] Powers and Duties of Director - History. Code 1981, § 12-8-94 , enacted by Ga. L....
§ 12-8-95. [Effective Until July 1, 2022] Hazardous Waste Trust Fund - History. Code 1981, § 12-8-95 , enacted by Ga. L....
§ 12-8-95. [Effective July 1, 2022] Hazardous Waste Trust Fund; Appropriations; Accounting - (a.1) Under the authority granted and subject to the conditions...
§ 12-8-95.1. Hazardous Waste Management Fees and Hazardous Substance Reporting Fees - For the purposes of this paragraph, a generator who generates...
§ 12-8-96. Corrective Action Upon Release of Hazardous Wastes, Hazardous Constituents, or Hazardous Substances; Notice; Administrative Consent Order; Expenditure of Funds From Trust Fund - History. Code 1981, § 12-8-96 , enacted by Ga. L....
§ 12-8-96.1. Liability for Cleanup Costs; Punitive Damages; Action for Recovery of Costs and Damages; Claims for Contribution - and that one or more of the circumstances described in...
§ 12-8-96.2. Limitation of Liability of Corrective Action Contractors - History. Code 1981, § 12-8-96.2 , enacted by Ga. L....
§ 12-8-96.3. Limitation of Liability for Release of Hazardous Substances for Subsequent Purchasers of Property - History. Code 1981, § 12-8-96.3 , enacted by Ga. L....
§ 12-8-97. Hazardous Site Inventory - The division shall also publish in print or electronically annually...
Part 3 - Georgia Voluntary Remediation Program
§ 12-8-100. Short Title - This part shall be known and may be cited as...
§ 12-8-101. Policy Declaration - History. Code 1981, § 12-8-101 , enacted by Ga. L....
§ 12-8-102. Definitions - History. Code 1981, § 12-8-102 , enacted by Ga. L....
§ 12-8-103. Rules and Regulations - The board shall have the power to adopt, promulgate, modify,...
§ 12-8-104. Powers and Duties of Director - History. Code 1981, § 12-8-104 , enacted by Ga. L....
§ 12-8-104.1. Voluntary Remediation Escrow Account Established; Role and Duties of Director - History. Code 1981, § 12-8-104.1 , enacted by Ga. L....
§ 12-8-105. Criteria for Property Qualifying for Voluntary Remediation Program - In order to be considered a qualifying property for the...
§ 12-8-106. Criteria for Participants in Voluntary Remediation Program - A participant in the voluntary remediation program must meet the...
§ 12-8-107. Submission of Voluntary Investigation and Remediation Plan; Enrollment; Proof of Assurance; Termination; Compliance Status - History. Code 1981, § 12-8-107 , enacted by Ga. L....
§ 12-8-108. Standards and Policies Considered in Investigation of Voluntary Remediation Property - At the participant’s option, any or all of the following...
Article 5 - Southeast Interstate Low-Level Radioactive Waste Management Compact
§ 12-8-120. Short Title - This article shall be known and may be cited as...
§ 12-8-121. Compact Enacted and Entered Into by State of Georgia - The Southeast Interstate Low-Level Radioactive Waste Management Compact is enacted...
§ 12-8-122. Text of Compact - The Compact is substantially as follows: “Article I. Policy and...
§ 12-8-123. Appointment of Members of Southeast Interstate Low-Level Radioactive Waste Management Commission and Their Alternates - The members of the commission from the State of Georgia...
Article 6 - Mitigating Effect of Hazardous Materials Discharge
§ 12-8-140. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-8-141. Immunity for Persons Providing Assistance or Advice - History. Code 1981, § 12-8-141 , enacted by Ga. L....
§ 12-8-142. Report of Persons Providing Assistance - Any person who provides assistance or advice under subsection (a)...
Article 7 - Product Packaging
§ 12-8-160. Legislative Findings and Declarations - The General Assembly finds and declares that: History. Code 1981,...
§ 12-8-161. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-8-162. Prohibition Against Sale of Packages Containing Lead, Cadmium, Mercury, or Hexavalent Chromium; Allowable Concentration Levels - Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall...
§ 12-8-163. Exempt Packaging - The following packaging and packaging components are exempt from the...
§ 12-8-164. Certificates of Compliance - On and after July 1, 1994, each manufacturer or distributor...
§ 12-8-165. Rules and Regulations - The board shall be authorized to adopt, promulgate, modify, amend,...
§ 12-8-166. Violation of Article - Any person who violates any provision of this article shall...
Article 8 - Pollution Prevention Assistance Division
§ 12-8-180. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-8-181. Establishment of Division; Appointment of Director; Voluntary Activities of Businesses and Industries - History. Code 1981, § 12-8-181 , enacted by Ga. L....
§ 12-8-182. Administrative Responsibility of Division; Duty of Division Director; Rules and Regulations of Board - History. Code 1981, § 12-8-182 , enacted by Ga. L....
§ 12-8-183. Pollution Prevention Assistance Plan - History. Code 1981, § 12-8-183 , enacted by Ga. L....
§ 12-8-184. Confidentiality of Information Provided by Business or Industry; Ownership of Reports and Plans - The division shall not disclose to the public any information...
§ 12-8-185. Duty of Division to Advise on Rules and Regulations Governing Toxic Substances - The division shall advise the director of the Environmental Protection...
§ 12-8-186. Biennial Report of Division - On or before November 15, 1994, and biennially thereafter, the...
§ 12-8-187. Preparation by Division of Biennial Report of Hazardous Waste Generators and Capacity Assurance Plan - The division may, at the direction of the commissioner, prepare...
§ 12-8-188. Biennial Needs Assessment Report on Hazardous Waste Management Facility - The division shall no less than biennially assess capacity, demand,...
§ 12-8-189. Transfer of Personnel and Facilities of Georgia Hazardous Waste Management Authority and Other State Programs to Division - History. Code 1981, § 12-8-189 , enacted by Ga. L....
Article 9 - Georgia Brownfield Program
§ 12-8-200. Short Title - This article shall be known and may be cited as...
§ 12-8-201. Public Policy - History. Code 1981, § 12-8-201 , enacted by Ga. L....
§ 12-8-202. Definitions - History. Code 1981, § 12-8-201 , enacted by Ga. L....
§ 12-8-203. Rules and Regulations - History. Code 1981, § 12-8-202 , enacted by Ga. L....
§ 12-8-204. Powers and Duties of Director - History. Code 1981, § 12-8-203 , enacted by Ga. L....
§ 12-8-205. Criteria for Property to Qualify for Limitation of Liability - In order to be considered a qualifying property for a...
§ 12-8-206. Criteria for Prospective Purchasers to Qualify for Limitation of Liability - The director may place such conditions upon the grant of...
§ 12-8-207. Limitation of Expenses Following Approval of a Corrective Action Plan - History. Code 1981, § 12-8-206 , enacted by Ga. L....
§ 12-8-208. Exceptions to Limitation of Liability - History. Code 1981, § 12-8-207 , enacted by Ga. L....
§ 12-8-209. Initial Compliance Status Report - The initial compliance status report or a corrective action plan...
§ 12-8-210. Applicability of Limitation of Liability to Persons Who Purchased After July 1, 2002, and Before July 1, 2005 - The provisions of this article applicable to prospective purchasers shall...
§ 12-8-211. Application to Identified Purchasers - The limitation of liability provided under this article shall also...