- § 12-8-20 - Short Title
This part shall be known and may be cited as the "Georgia Comprehensive Solid Waste Management Act."
- § 12-8-21 - Declaration of Policy; Legislative Intent
(a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety,...
- § 12-8-22 - Definitions
As used in this article, the term: (1) "Affected county" means, in addition to the county in which a facility is or is proposed...
- § 12-8-23 - Powers and Duties of Board
In the performance of its duties the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules...
- § 12-8-23.1 - Powers and Duties of Director
(a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of...
- § 12-8-24 - Permits for Solid Waste or Special Solid Waste Handling, Disposal, or Thermal Treatment Technology Facility; Inspection of Solid Waste Generators
(a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility...
- § 12-8-24.1 - Certification of Municipal Solid Waste Disposal Facility Operators
(a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under...
- § 12-8-24.2 - Public Hearing Prior to Entering Contract Regarding Landfill
The governing authority of any county or municipal corporation and the directors or managers of any local authority or special district shall hold a...
- § 12-8-25 - Sites in Certain Counties Within One-Half Mile of Adjoining County
(a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988,...
- § 12-8-25.1 - Sites Within 5,708 Yards of National Historic Site
In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within...
- § 12-8-25.2 - Sites Within Two Miles of Significant Ground-Water Recharge Area
No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area...
- § 12-8-25.3 - Further Restrictions on Sites Within Significant Ground-Water Recharge Area or Near Military Air Space Used As Bombing Range
(a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated...
- § 12-8-25.4 - Limits on the Number of Solid Waste Facilities Within Given Area
(a) As provided for in Code Section 12-8-21, it is the policy of the State of Georgia to assure that solid waste facilities do...
- § 12-8-25.5 - Locating Disposal Facility Near Private Recreational Camp
No permit shall be issued for any new municipal solid waste disposal facility if any part of the premises proposed for permitting is within...
- § 12-8-26 - Public Meetings on Site Selection; Notice; Decision
(a) Any county, municipality, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility must...
- § 12-8-27 - Standards for Handling Special Solid Waste; Transportation Manifest; Fees; Inspection; Prohibition of Waste Generated Out-Of-state; Certification
Reserved. Repealed by Ga. L. 1993, p. 399, § 7, effective April 5, 1993.
- § 12-8-27.1 - Solid Waste Trust Fund
(a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys...
- § 12-8-27.2 - Financial Responsibility
(a) No solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director...
- § 12-8-28 - Lead Acid Vehicle Batteries
(a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise...
- § 12-8-29 - Investigations by Director; Actions to Enforce Article
The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as...
- § 12-8-29.1 - Authority to Enter Property for Inspection and Investigation
The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the...
- § 12-8-29.2 - Confidentiality of Information Obtained by Director or Agents
(a) Any information relating to secret processes, devices, or methods of manufacture or production, or quantities and sources of recovered materials being privately processed,...
- § 12-8-30 - Director's Order for Corrective Action
Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to...
- § 12-8-30.1 - Emergency Orders
Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence...
- § 12-8-30.2 - Hearings and Review of Actions and Orders
All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under...
- § 12-8-30.3 - Judgment in Accordance With Director's Order
The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation,...
- § 12-8-30.4 - Injunctive Relief
Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes...
- § 12-8-30.5 - Attorney General's Duties
It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part.
- § 12-8-30.6 - Civil Penalties for Violations; Procedures
(a) Any person, provided that person is a public authority or a city or county government located within the boundaries of Georgia, violating any...
- § 12-8-30.7 - Unlawful Acts
It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply...
- § 12-8-30.8 - Penalties for Violations
(a) Any person who: (1) Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which...
- § 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 ruling of the board or the director shall be construed to be a limitation:...
- § 12-8-30.10 - Exemption for Private Individuals
This part shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him...
- § 12-8-31 - State Solid Waste Management Plan; Reporting
(a) By January 1, 1991, the division, jointly with the Department of Community Affairs and in cooperation with the Georgia Environmental Finance Authority and...
- § 12-8-31.1 - Local, Multijurisdictional, or Regional Solid Waste Plans; Reporting by Cities and Counties; Annual Reporting Requirements for Landfill Owners and Operators
(a) (1) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan. Said plan may be...
- § 12-8-32 - Permits for Regional Solid Waste Disposal Facilities
(a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in...
- § 12-8-33 - Recycling Market Development Council
(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows: (1) Seven members appointed...
- § 12-8-33.1 - Improper Disposal of Computer Equipment; Computer Equipment Disposal and Recycling Council Created; Compensation; Powers and Duties
Repealed by Ga. L. 2007, p. 47, § 12/SB 103, effective May 11, 2007.
- § 12-8-34 - Labeling Rigid Plastic Containers or Bottles
(a) On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any...
- § 12-8-35 - Review of Purchases and Purchasing Specifications, Practices, and Procedures by Commissioner of Administrative Services
(a) The commissioner of administrative services shall: (1) By July 1, 1990, commence a review of all goods and products purchased to determine what...
- § 12-8-36 - State Agency Recycling and Collection Programs
(a) The Georgia Building Authority is authorized to establish and coordinate a state-wide recycling program for state agencies and to establish, engage in, contract...
- § 12-8-37 - Financial Aid From Federal Government or Other Sources
The director shall be the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for...
- § 12-8-37.1 - State Grants Authorized
(a) The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to...
- § 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 to retain all miscellaneous funds generated by the division for use in the operation...
- § 12-8-39 - Cost Reimbursement Fees; Surcharges.
(a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a...
- § 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 part of its solid waste management plan shall have in effect a program to...
- § 12-8-39.2 - Reports of Costs of Solid Waste Management Services
Reserved. Repealed by Ga. L. 2011, p. 312, § 2/SB 157, effective July 1, 2011.
- § 12-8-39.3 - Authorization to Enforce Collection of Taxes, Fees, or Assessments
(a) Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies...
- § 12-8-40 - Exemption for Livestock-Feeding Facility
This article shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock-feeding facility waste from facilities with a maximum total capacity...
- § 12-8-40.1 - Tire Disposal Restrictions; Fees
(a) Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on scrap tires...
- § 12-8-40.2 - Yard Trimmings Disposal Restrictions
(a) Each city, county, or solid waste management authority may impose restrictions on yard trimmings which are generated in or may ultimately be disposed...
- § 12-8-40.3 - Disposal of Shingles Containing Asphalt
It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills.
- § 12-8-41 - Department to Provide Permits
The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from...
Last modified: October 14, 2016