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2018 Georgia Code 12-8-39 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-39 Case Law from Google Scholar Amendments to OCGA 12-8-39

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-39. Cost reimbursement fees; surcharges.

  1. Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source.The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs.
  2. A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after March 30, 1990, shall be paid into a local restricted account and shall be used for solid waste management purposes only.
  3. Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments.
      1. Until June 30, 2019, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. Except as otherwise provided in subparagraphs (B) and (C) of this paragraph, effective July 1, 2019, when a municipal solid waste disposal facility is owned by private enterprise, the host local government is authorized and required to impose a surcharge of $2.50 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.
      2. When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent until June 30, 2025, and a surcharge of $2.00 per ton or volume equivalent effective July 1, 2025, for fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.
      3. When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent for construction or demolition waste or inert waste, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.
      1. At least 50 percent of the surcharges collected pursuant to this subsection shall be expended for the following purposes:
        1. To offset the impact of the facility;
        2. Public education efforts for solid waste management, hazardous waste management, and litter control;
        3. The cost of solid waste management;
        4. Administration of the local or regional solid waste management plan;
        5. Repair of damage to roads and highways associated with the facility;
        6. Enhancement of litter control programs;
        7. Ground-water and air monitoring and protection associated with the location of the facility;
        8. Remediation and monitoring of closed or abandoned facilities within the jurisdiction of the host local government;
        9. Infrastructure improvements associated with the facility;
        10. Allocation of such funds in any fiscal year to a reserve fund designated for use for the above purposes in future fiscal years; and
        11. For the acquisition of property and interests in property adjacent to or in reasonable proximity to the facility upon a determination by the host local government that such acquisition will serve beautification, environmental, buffering, or recreational purposes such as will ameliorate the impact of the facility.
      2. Those surcharges not expended or allocated as provided for in subparagraph (A) of this paragraph may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs.
    3. Host local governments may negotiate for and obtain by contract surcharges higher than those set forth in this subsection; furthermore, nothing in this subsection shall reduce any such surcharge in existence on July 1, 2019.
    1. Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75› per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit towards such surcharges of 75› per ton of material recycled at the facility.
    2. The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2.
  6. All surcharges required by subsection (e) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund.The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time the division shall not collect any further such surcharges until the unencumbered balance in such fund equals or is less than $12.5 million, at which time the division shall resume collection of such surcharges at the beginning of the next calendar year following the year in which such event occurs.The director shall provide written notice to all permitted solid waste disposal facilities at the time he receives notice that the unencumbered balance of such trust fund equals or exceeds $25 million or equals or is less than $12.5 million.
  7. Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2019.
  8. The division shall advertise to the public the surcharges imposed pursuant to subsection (e) of this Code section in accordance with rules promulgated by the board.

(Code 1981, §12-8-39, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 2234, § 4; Ga. L. 1992, p. 3276, §§ 15, 16; Ga. L. 2002, p. 927, § 1; Ga. L. 2011, p. 283, § 2/HB 274; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2013, p. 856, § 1/HB 276; Ga. L. 2018, p. 228, § 1/HB 792.)

The 2011 amendment, effective May 11, 2011, substituted the present provisions of subsection (e) for the former provisions, which read: "After July 1, 1992, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 50 per ton of solid waste disposed. From July 1, 2003, through June 30, 2008, said surcharge shall be 65 per ton of solid waste disposed. After July 1, 2008, said surcharge shall be 75 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division on July 1, 1993, for the period July 1, 1992, through December 31, 1992. All subsequent payments shall be due on the first day of July of each year for the preceding calendar year."

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, deleted "as required by Code Section 12-8-39.2" following "Department of Community Affairs" at the end of subsection (a).

The 2013 amendment, effective May 7, 2013, designated the existing provisions of subsection (e) as paragraph (e)(1) and added paragraph (e)(2); and substituted "July 1, 2018" for "July 1, 2013" in subsection (g).

The 2018 amendment, effective June 30, 2018, substituted the present provisions of subsection (d) for the former provisions, which read: "Effective January 1, 1992, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and shall be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan; provided, however, that such surcharges may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs."; and substituted "July 1, 2019" for "July 1, 2018" at the end of subsection (g).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "March 30, 1990" was substituted for "the effective date of this part" in subsection (b).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 165 (2011). For article, "Conservation and Natural Resources: Waste Management," see 28 Ga. St. U.L. Rev. 165 (2011). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 59 (2002).

Cases Citing O.C.G.A. § 12-8-39

Total Results: 4  |  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

...ower of a municipality, county or special district to adopt and enforce additional regulations, not in conflict with [the Act], imposing further conditions, restrictions, or limitations with respect to the handling or disposal of solid wastes." OCGA § 12-8-39 (1)....
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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

...Counties that provide solid waste collection services are authorized to enforce by ordinance the collection of fees "in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments." OCGA § 12-8-39.3(a)....
...7. We find no merit in Strykr's arguments that the provision in the SES contract in which the County agreed to reimburse SES for a percentage of uncollected fees prior to the County's recovery of those fees from residents by means provided by OCGA § 12-8-39.3 violated Art....
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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

...ercial] solid waste." [5] OCGA § 12-8-56 gives any authority the power to operate a project and pay its cost from the proceeds of revenue bonds, contributions, loans, or user fees, which the authority is authorized to receive, accept, and use. OCGA § 12-8-39.3 further gives cities, counties, and authorities that operate a solid waste handling facility or provide solid waste collection services the power to enforce the collection of taxes, fees, and assessments by ordinance or resolution in the...
...uced 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). [6] See OCGA § 12-8-39.3....
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Mesteller v. Gwinnett Cnty., 292 Ga. 675 (Ga. 2013).

Cited 6 times | Published | Supreme Court of Georgia | Mar 25, 2013 | 740 S.E.2d 605, 2013 Fulton County D. Rep. 1035

...For the reasons that follow, we affirm. The Home Rule provision of the Georgia Constitution authorizes counties to provide “[g] arbage and solid waste collection and disposal” services. Ga. Const, of 1983, Article IX, Section II, Paragraph III (a) (2).1And, OCGA § 12-8-39.3 (a) allows any county that “provides solid waste collection services ......
...s for solid waste services. The gravamen of this argument is that the County, by contracting with private waste management companies to collect solid waste, is not, in fact, “providing] solid waste collection services” within the meaning of OCGA § 12-8-39.3 (a), and therefore the County is not authorized to place the collection fee on the tax bill of a property owner or enforce the collection of the fee as set forth in the statute.4 However, this argument reveals a misunderstanding of the p...
...].” Smith, supra. And, in choosing the option of contracting with private solid waste collection companies, the County is, through that method, providing solid waste collection services to Gwinnett County property owners within the meaning of OCGA § 12-8-39.3 (a); the fact that the individuals performing that service are not County employees, but employees of private contractors, is of no moment, insofar as it relates to the present constitutional challenge. 2....
...the Georgia Constitution of 1983,5 in that, for a period of two months, the service providers collected the solid waste, and the County paid the service providers, but no fees had yet been collected by way of the property tax bills pursuant to OCGA § 12-8-39.3 (a)....
...county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the following powers and provide the following services: (2) Garbage and solid waste collection and disposal. In its entirety, OCGA § 12-8-39.3 reads: (a) Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this pa...
...y ordinance or resolution in effect on July 1, 1992, or adopted thereafter. Mesteller filed suit in Magistrate Court, which transferred the case to the Superior Court of Gwinnett County. Mesteller appears to accept that the County could use OCGA § 12-8-39.3 (a) for billing and collection if employees of Gwinnett County, rather than private contractors, were performing the solid waste collection services. Article IX, Section II, Paragraph VIII of the Georgia Constitution of 1983 reads: Th...