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2018 Georgia Code 12-8-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-30 Case Law from Google Scholar Amendments to OCGA 12-8-30

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-30. Director's order for corrective action.

Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion.In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators.The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order.Any order issued by the director under this part shall be signed by the director.Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons.

(Code 1981, §12-8-30, enacted by Ga. L. 1990, p. 412, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 368, 369.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 180. 73A C.J.S., Public Administrative Law and Procedure §§ 223, 294.

Cases Citing O.C.G.A. § 12-8-30

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Recycle & Recover, Inc. v. Georgia Bd. of Nat. Resources, 466 S.E.2d 197 (Ga. 1996).

Cited 27 times | Published | Supreme Court of Georgia | Jan 22, 1996 | 266 Ga. 253, 96 Fulton County D. Rep. 365

...nged condition that requires the discharge to be reduced or eliminated). [12] OCGA § 12-8-21 (1992); see Solid Waste Management, 7 Ga.St.U.L.Rev. 231 (1990) (describing legislative history of 1990 bills amending the act). [13] OCGA §§ 12-8-24(a), 12-8-30.10 (applying to all persons except individuals disposing of solid waste from their residence onto their own land which does not adversely affect the public health)....
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Bd. of Com'rs of Atkinson Cnty. v. Guthrie, 537 S.E.2d 329 (Ga. 2000).

Cited 9 times | Published | Supreme Court of Georgia | Oct 2, 2000 | 273 Ga. 1, 2000 Fulton County D. Rep. 3777

...641, 642, 360 S.E.2d 50 (1987) (to constitute an "entry," oral order must be reduced to writing, signed by the judge, and filed with the clerk). [3] See Vinson v. Home Builders Ass'n, 233 Ga. 948, 949, 213 S.E.2d 890 (1975). [4] Ga. Const. art. 9, sec. 2, paras. 1 & 3(a)(2). [5] OCGA §§ 12-8-30.9; 12-8-22 (1996)....
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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

...242, 249 (100 SCt 2636, 65 LE2d 742) (1980). 6 In this case, it is evident that the money penalties and remedial actions imposed by the Consent Order are authorized by statute as civil sanctions. See OCGA § 12-8-30.6 (authorizing, among other things, a fine not to exceed $25,000 per day for each day during which a violation of the Act or failure to comply with an order issued by the director of the EPD continues)....
...the contrary. See Hudson, supra, 522 U. S. at 104. For example, unlike the statutory provision authorizing criminal penalties upon conviction for a knowing violation of the law, regulations, or material requirement of a permit (see OCGA § 12-8-30.8), the provision authorizing civil penalties only requires a violation of the statute without regard to the violator’s state of mind, or requires intentional or negligent failure to comply with any final order issued pursuant to the Act (see OCGA § 12-8-30.6)....
...jeopardy 5 Since the violations appear to have been ongoing, the one-time penalty of $25,000 was significantly below the maximum civil penalty of $25,000 per day for each day during which the violation continues permitted by OCGA § 12-8-30.6....
...exercise police powers which do not conflict with general laws. Relying upon this clause, Wilbros asserts the trial court erred in rejecting its plea that the county ordinance involved in this case is preempted by the Act. We reject this assertion. OCGA § 12-8-30.9 states that no provision of the Act 6 Compare Jung Bea Han v....