O.C.G.A.

O.C.G.A. § 12-5-26 (2019)

Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any duly appointed agent of the division may enter private or public property at reasonable times to inspect or investigate conditions relating to pollution and to inspect the operating records of any sewage system, waste treatment work, or sewage disposal plant, provided that no person shall be required to disclose any secret formula, process, or methods used in any manufacturing operations carried on by him or under his direction or any confidential information concerning business activities carried on by him or under his supervision.

History

Ga. L. 1964, p. 416, § 16.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Requirement of liability waivers restricts state’s police power. - Requiring the division personnel to sign waivers of liability for injuries to person or property sustained while on premises for the purpose of carrying out their duties of inspection constitutes an unreasonable

restriction on the state’s police power. 1976 Op. Att’y Gen. No. 76-121. Waivers of liability signed by division personnel are not binding because of a lack of valid consideration. 1976 Op. Att’y Gen. No. 76-121.

RESEARCH REFERENCES Am. Jur. 2d. - 42 Am. Jur. 2d, Inspection Laws, §§ 1, 4, 9. 61B Am. Jur. 2d, Pollution Control, §§ 2 et seq.