2020 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 5 - Water Resources
Article 2 - Control of Water Pollution and Surface-Water Use
§ 12-5-26. Entry on Premises to Investigate and Inspect Conditions and Operating Records; Protection of Trade Secrets and Confidential Information
Any duly appointed agent of the division may enter private or public property at reasonable times to inspect or investigate conditions relating to pollution and to inspect the operating records of any sewage system, waste treatment work, or sewage disposal plant, provided that no person shall be required to disclose any secret formula, process, or methods used in any manufacturing operations carried on by him or under his direction or any confidential information concerning business activities carried on by him or under his supervision.
(Ga. L. 1964, p. 416, § 16.)
OPINIONS OF THE ATTORNEY GENERAL
Requirement of liability waivers restricts state's police power.
- Requiring the division personnel to sign waivers of liability for injuries to person or property sustained while on premises for the purpose of carrying out their duties of inspection constitutes an unreasonable restriction on the state's police power. 1976 Op. Att'y Gen. No. 76-121.
Waivers of liability signed by division personnel are not binding because of a lack of valid consideration. 1976 Op. Att'y Gen. No. 76-121.
RESEARCH REFERENCES
Am. Jur. 2d.
- 42 Am. Jur. 2d, Inspection Laws, §§ 1, 4, 9. 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.
