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2018 Georgia Code 12-5-48 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-48 Case Law from Google Scholar Amendments to OCGA 12-5-48

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 2 CONTROL OF WATER POLLUTION AND SURFACE-WATER USE

12-5-48. Injunctive relief.

Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the division may make application to the superior court of the county where such person resides, or if nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and restraining such act or practice. Upon a showing by the division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law.

(Ga. L. 1964, p. 416, § 21.)

JUDICIAL DECISIONS

Sufficient evidence to support injunctive relief.

- As a trial court found that a permittee committed numerous violations of the permittee's permit and the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., the court's interlocutory injunction limiting the permittee's operation until an administrative appeal was concluded, or until the permittee demonstrated the permittee could operate in accordance with the law, did not exceed the scope of O.C.G.A. § 12-5-48. Agri-Cycle LLC v. Couch, 284 Ga. 90, 663 S.E.2d 175 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61C Am. Jur. 2d, Pollution Control, § 1932 et seq.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 150, 155.

ALR.

- Injunction against pollution of stream by private persons or corporations, 46 A.L.R. 8.

Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.

Pollution control: preliminary mandatory injunction to prevent, correct, or reduce effects of polluting practices, 49 A.L.R.3d 1239.

Cases Citing O.C.G.A. § 12-5-48

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Agri-Cycle LLC v. Couch, 663 S.E.2d 175 (Ga. 2008).

Cited 20 times | Published | Supreme Court of Georgia | Jun 30, 2008 | 284 Ga. 90, 2008 Fulton County D. Rep. 2130

...At the conclusion of a ten-hour hearing, the court granted the injunction after considering competent evidence that Agri-Cycle failed to comply with the requirements of the Act. 3. Agri-Cycle further submits that the interlocutory injunction impermissibly exceeds the scope of OCGA § 12-5-48 and thereby enjoins lawful activity....
...As a result, Agri-Cycle was enjoined "from receiving waste for processing at its facility" until the administrative appeal is concluded or until Agri-Cycle can demonstrate that it can operate in accordance with the law. The granted relief enjoins and restrains the illegal practices and does not exceed the scope of OCGA § 12-5-48....
...278(2), 643 S.E.2d 819 (2007) (references to deposition testimony cannot be considered where the depositions were not filed prior to the time judgment was entered). Under the circumstances, there is nothing for this Court to decide on appeal. See id.; Smith v. State, 273 Ga.App. 107(3), 614 S.E.2d 219 (2005). 7. Under OCGA § 12-5-48, an injunction " shall be granted without the necessity of showing a lack of adequate remedy at law" upon a showing by the EPD that a facility has engaged in or is about to engage in any act or practice that violates the Act....