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2018 Georgia Code 12-8-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-20 Case Law from Google Scholar Amendments to OCGA 12-8-20

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 8. Waste Management, 12-8-1 through 12-8-210.

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-20. Short title.

This part shall be known and may be cited as the "Georgia Comprehensive Solid Waste Management Act."

(Code 1981, §12-8-20, enacted by Ga. L. 1990, p. 412, § 1.)

Law reviews.

- For annual survey on local government law, see 42 Mercer L. Rev. 359 (1990). For summary review article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008). For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 231 (1990).

JUDICIAL DECISIONS

Unrefuted evidence presented in support of the county's motion for reconsideration established that the existing landfill did not accept C&D waste; therefore, the trial court's finding that the county did not permit the placement of C&D waste in the county's existing landfill was not supported by the evidence of record. Lamar County v. E.T. Carlyle Co., 277 Ga. 690, 594 S.E.2d 335 (2004).

Garbage collection services contracts.

- County's alleged anticompetitive conduct in enacting an ordinance authorizing the county to enter into a contract with a private enterprise for garbage collection was expressly contemplated by the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq., and, thus, the county was immune from state and federal antitrust laws. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).

Prior consent order did not amount to criminal punishment to which double jeopardy prohibitions applied.

- Trial court properly denied a solid waste facility operator's double jeopardy plea in bar of prosecution because even though the parties stipulated that the consent order and the criminal action alleged the same nuisance conduct and each proceeding had the same goals of restraint, deterrence, and abatement, the criminal action was not barred by the sanctions imposed in the consent order since the consent order did not amount to criminal punishment to which double jeopardy prohibitions applied. Wilbros, LLC v. State, 294 Ga. 514, 755 S.E.2d 145 (2014).

Cited in Chambers of Ga., Inc. v. Department of Natural Resources, 232 Ga. App. 632, 502 S.E.2d 553 (1998); R&J Murray, LLC v. Murray County, 282 Ga. 740, 653 S.E.2d 720 (2007).

Cases Citing O.C.G.A. § 12-8-20

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Fulton Cnty. v. Bartenfeld, 363 S.E.2d 555 (Ga. 1988).

Cited 30 times | Published | Supreme Court of Georgia | Jan 21, 1988 | 257 Ga. 766

...the notice and the fact that there were not citizens here to express their opposition. . . ." See Division 5, infra. As previously stated, the board proceeded to deny the application by a vote of 6-to-1. Under the "Solid Waste Management Act" (OCGA § 12-8-20 et seq.) (referred to as the Act) as well as rules and regulations promulgated thereunder (Rules and Regulations of the State of Georgia, Chapter 391-3-4 (1974)), the Environmental Protection Division of the Georgia Department of Natural R...
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Lamar Cnty. v. E.T. Carlyle Co., 594 S.E.2d 335 (Ga. 2004).

Cited 16 times | Published | Supreme Court of Georgia | Mar 22, 2004 | 277 Ga. 690, 2004 Fulton County D. Rep. 1009

...d a final judgment in the case. This Court granted Lamar County's application for discretionary review and requested the parties to address whether the trial court was correct in determining that Lamar County's SWMP violates the requirements of OCGA § 12-8-20 et seq., and whether the trial court's order is contrary to the decision in Kingsley v....
...iction over cases involving extraordinary remedies. Jurisdiction over this case belongs where the Constitution placed it, in this Court. 2. An essential factual underpinning of the trial court's ruling that the SWMP violates the requirements of OCGA § 12-8-20 et seq....
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Strykr v. Long Cnty. Bd. of Commissioners, 593 S.E.2d 348 (Ga. 2004).

Cited 12 times | Published | Supreme Court of Georgia | Mar 1, 2004 | 277 Ga. 624, 2004 Fulton County D. Rep. 761

...tract with a private contractor to provide curbside solid waste collection to all residents of unincorporated Long County, was conduct expressly contemplated by the State in the enactment of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20 et seq....
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Elbert Cnty. v. Sweet City Landfill, Llc., 297 Ga. 429 (Ga. 2015).

Cited 11 times | Published | Supreme Court of Georgia | Jun 29, 2015 | 774 S.E.2d 658

...the trial court did not err in ruling that the Board took no action on Sweet City’s application for a SUP. See Mortgage Alliance, supra at 219. Nonetheless, the trial court erred in addressing the County’s motion to dismiss, finding that, under OCGA § 12-8-20 (b), the July 9, 2012 Board action was a “siting decision,” was done without the public notice required by OCGA § 12-8-20 (b) and Section 62-52 of the Elbert County Code of Ordinances, was “void ab initio and thus unappealable,” and Sweet City thus had no obligation to appeal....
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Advanced Disposal Servs. Middle Georgia, LLC v. Deep South Sanitation, LLC, 296 Ga. 103 (Ga. 2014).

Cited 4 times | Published | Supreme Court of Georgia | Nov 3, 2014 | 765 S.E.2d 364

...solid waste collection in unincorporated areas was not illegal, anti-competitive conduct because solid waste collection “was conduct expressly contemplated by the State in the enactment of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20 et seq.” The Ordinance in this appeal was enacted pursuant to the same clearly articulated state policy as in Strykr and we conclude, as we did in that case, that the County’s actions are exempt from the Sherman Anti-Trust Act....
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R & J MURRAY, LLC v. Murray Cnty., 653 S.E.2d 720 (Ga. 2007).

Cited 4 times | Published | Supreme Court of Georgia | Nov 21, 2007 | 282 Ga. 740, 2007 Fulton County D. Rep. 3595

...he existing landfill financially unable to continue operations. The trial court noted that the sustainability of a landfill is related to the protection, health, and safety of persons and furthers the purposes of the Solid Waste Management Act (OCGA § 12-8-20 et seq.), and that the financing of solid waste management was a factor included in Murray County's SWMP....
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Button Gwinnett Landfill, Inc. v. Gwinnett Cnty., 353 S.E.2d 328 (Ga. 1987).

Cited 4 times | Published | Supreme Court of Georgia | Feb 24, 1987 | 256 Ga. 818, 25 ERC (BNA) 1853

...ndfill 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. See OCGA § 12-8-20 et seq....
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Wilbros, LLC v. State, 294 Ga. 514 (Ga. 2014).

Cited 3 times | Published | Supreme Court of Georgia | Feb 24, 2014 | 755 S.E.2d 145, 2014 Fulton County D. Rep. 379

...THE STATE et al. BENHAM, Justice. Appellant Wilbros, LLC operates a solid waste, recycling, composting, and waste water processing facility in Stephens County that is subject to the requirements of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20 et seq....

Elbert Cnty. v. Sweet City Landfill, Llc. (Ga. 2015).

Published | Supreme Court of Georgia | Jun 29, 2015 | 755 S.E.2d 145, 2014 Fulton County D. Rep. 379

...letter and a certificate of solid waste plan consistency be simultaneously issued . . . in accordance with Section 62-52 of the Elbert County Code of Ordinances [and relevant sections of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20 et seq., and regulations of the Department of Natural Resources].” At the time of Sweet City’s application, Elbert County ordinances required a Special Use Permit (“SUP”) be issued for operation of a solid waste landfill....

Advanced Disposal Servs. Middle Georgia, LLC v. Deep South Sanitation, LLC (Ga. 2014).

Published | Supreme Court of Georgia | Sep 22, 2014 | 755 S.E.2d 145, 2014 Fulton County D. Rep. 379

...d waste collection in unincorporated areas was not illegal, anti-competitive conduct because solid waste collection “was conduct expressly contemplated by the State in the enactment of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20 et seq.” The Ordinance in this appeal was enacted pursuant to the same clearly articulated state policy as in Strykr and we conclude, as we did in that case, that the County’s actions are exempt from the Sherman Act....