2021 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 8 - Waste Management
Article 2 - Solid Waste Management

- Regulation of facilities discharging pollutants into waters of state, T. 12, C. 5, A. 2.

Criminal penalties for littering public and private property, T. 16, C. 7, A. 2, P. 2 & 3.

Restrictions on location of and screening and fencing requirements for junkyards, T. 32, C. 6, A. 8.

Prohibition against transporting garbage, trash, waste, or refuse across state or county lines for dumping, § 36-1-16.

Authority of counties and municipalities to enter into contracts to provide industrial waste water treatment services, § 36-60-2.

- Ga. L. 1990, p. 412, § 1, effective March 30, 1990, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 12-8-20 through 12-8-45 and was based on Ga. L. 1972, p. 1002, §§ 1-20; Ga. L. 1973, p. 1269, §§ 1-7; Ga. L. 1982, p. 3, § 12; Ga. L. 1988, p. 215, § 1; Ga. L. 1988, p. 1965, §§ 1-8; Ga. L. 1989, p. 144, §§ 1-7; Ga. L. 1989, p. 513, § 1; and Ga. L. 1990, p. 8, § 12.

- Solid waste management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Subject 391-3-4.

- For article discussing regulation of selected activities to effect environmental planning, see 10 Ga. L. Rev. 53 (1975). For article, "The Resource Conservation and Recovery Act (RCRA) and the Georgia Solid Waste Management Act," see 38 Mercer L. Rev. 569 (1987). For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 231 (1990). For note on 1993 amendment of this article, see 10 Ga. St. U.L. Rev. 46 (1993).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1972, p. 1002 are included in the annotations for this article.

Process of acquiring a permit for the operation of a sanitary landfill in Georgia begins with an application to the Environmental Protection Division (EPD) of the State Department of Natural Resources for a letter of acceptance signifying the geological suitability of the tract in question for operation of a sanitary landfill. The second step on the state level requires an application for a permit signifying that the specific plan for operation of the landfill meets the requirements of state law. One such requirement is a letter from the proper local governing body assuring the EPD that the operation of a sanitary landfill on that particular tract will comply with local zoning regulations. Button Gwinnett Landfill, Inc. v. Gwinnett County, 256 Ga. 818, 353 S.E.2d 328 (1987) (decided under Ga. L. 1972, p. 1002).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under Ga. L. 1972, p. 1002 are included in the annotations for this article.

Policy and intent of the Solid Waste Management Act, Ga. L. 1972, p. 1002, mandates that the director coordinate activities with local political jurisdictions so as to achieve a unified and effective statewide solid waste management program. 1976 Op. Att'y Gen. No. 76-14 (decided under Ga. L. 1972, p. 1002).

- Solid Waste Management Act, Ga. L. 1972, p. 1002, places the responsibility and power to regulate solid waste handling and management in Georgia in the hands of the Environmental Protection Division of the Department of Natural Resources. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).

- Existence of general laws relating to the regulation of solid waste handling and management does not necessarily preclude the adoption of regulations on the same subject by county boards of health, provided such regulations have a reasonable relation to the protection of the health of the citizenry of the county and are not prohibited by express or implied language in the Solid Waste Management Act, Ga. L. 1972, p. 1002, or the rules and regulations promulgated thereunder. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).

- To the extent that any regulation adopted by a county board of health clearly conflicted with the Solid Waste Management Act, Ga. L. 1972, p. 1002, the regulation would be invalid. 1976 Op. Att'y Gen. No. 76-17 (decided under Ga. L. 1972, p. 1002).

RESEARCH REFERENCES

ALR.

- Validity of statutory or municipal regulations as to garbage, 135 A.L.R. 1305.

State and local regulation of private landowner's disposal of solid waste on own property, 37 A.L.R.4th 635.