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2018 Georgia Code 12-8-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-25 Case Law from Google Scholar Amendments to OCGA 12-8-25

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-25. Sites in certain counties within one-half mile of adjoining county.

    1. Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste.This paragraph shall apply to all permit applications that are pending or made on or after March 15, 1988, and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
    2. Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal facility in any county of this state having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county.As used in this paragraph, the term "private applicant" means any private person, firm, corporation, or other private entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipality of this state.As used in this paragraph, the term "solid waste disposal facility" shall not mean or include any solid waste disposal facility which incorporates waste to energy processing, recycling, activities associated with the recycling process, or any combination of the foregoing.
    3. Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation among the various cities and counties, after April 4, 1997, no permit shall be issued for a municipal solid waste disposal facility in any city or county if any part of the site is within one-half mile of the boundaries of such city or county adjoining any city or county in this state without the applicant's first receiving the express approval of the governing authority of that adjoining city or county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction or in any adjoining jurisdiction of the affected city and county for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 4, 1997, and to all permits issued prior to such date, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
  2. The consent of an adjoining city or county as provided in subsection (a) of this Code section shall not be required either by new permit or by modification of an existing permit when the expansion of an existing municipal solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing municipal solid waste disposal facility is transferred.

(Code 1981, §12-8-25, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1997, p. 447, §§ 1, 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, in paragraph (a)(3), "April 4, 1997" was substituted for "the effective date of this subsection" in two places and a comma was added in one place.

JUDICIAL DECISIONS

Landfill near county border.

- Court order requiring a county to approve a landfill did not involve zoning, but the county's decision under O.C.G.A. § 12-8-25 to prevent a landfill close to the county's border, and an appeal from the order was considered an appeal from the grant of a writ of mandamus, which is a direct appeal. Long v. FSL Corp., 268 Ga. 479, 490 S.E.2d 102 (1997).

Mandamus not appropriate remedy.

- Since O.C.G.A. § 12-8-25 provides a mechanism for relief to applicants for permits to build landfills to whom permission is denied, an applicant was not entitled to a writ of mandamus to require a county to give the county's approval. Long v. FSL Corp., 268 Ga. 479, 490 S.E.2d 102 (1997).

Cases Citing O.C.G.A. § 12-8-25

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Murray Cnty. v. R & J MURRAY, LLC, 627 S.E.2d 574 (Ga. 2006).

Cited 7 times | Published | Supreme Court of Georgia | Mar 13, 2006 | 280 Ga. 314, 2006 Fulton County D. Rep. 719

...uted an "allowable use on the subject property," i.e., was suitable for the selected site, but denied that the proposed landfill is consistent with the County's SWMP. NOTES [1] Enre Corp. v. Wheeler County, 274 Ga. 17, 549 S.E.2d 67 (2001). [2] OCGA § 12-8-25.4....
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Long v. FSL Corp., 268 Ga. 479 (Ga. 1997).

Cited 4 times | Published | Supreme Court of Georgia | Sep 22, 1997 | 490 S.E.2d 102, 97 Fulton County D. Rep. 3502

Benham, Chief Justice. In the process of seeking a permit from the State of Georgia to build a landfill in Forsyth County, FSL Corporation (FSL) was informed by the Department of Natural Resources (DNR) that, pursuant to OCGA § 12-8-25, the permit was contingent on getting approval from Dawson County because part of the landfill would be within half a mile of the Dawson County line....
...However, this case does not involve a county or a municipality enacting zoning ordinances to control use of land within that county or municipality, but instead a statutory scheme requiring a permit from the State for a land use which is regulated by the State. As a part of that scheme, OCGA § 12-8-25 gives every county and municipality the power to withhold permission for the construction of a landfill in another jurisdiction but within half a mile of the first jurisdiction’s border.1 This case, therefore, involves not zoning, but a...
...appeal. OCGA § 5-6-34 (a) (6). Accordingly, Case No. S97A0726, filed pursuant to a granted discretionary application, is dismissed as duplicative. 2. The trial court, in holding that FSL had a right to the county’s waiver of its right under OCGA § 12-8-25, relied on this Court’s holding in FSL Corp....
...rom a neighboring jurisdiction “if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction or in any adjoining jurisdiction of the affected city or county for the handling of its solid waste.” OCGA § 12-8-25 (a) (3). Decided September 22, 1997 — Reconsideration denied October 10, 1997. King & Spalding, Nolan C....
...It follows, then, that FSL was not entitled to the writ of mandamus and the trial court erred in issuing the writ. Judgment reversed in Case No. S97A0643; appeal dismissed in Case No. S97A0726. All the Justices concur. At the time FSL made its application OCGA § 12-8-25 applied only to counties, but a 1997 amendment to the statute expanded the scope of the power to municipalities as well as counties....