O.C.G.A. § 12-5-48 (2019)
Injunctive relief
Whenever in the judgment of the division any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the division may make application to the superior court of the county where such person resides, or if nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and restraining such act or practice. Upon a showing by the division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law.
History
Ga. L. 1964, p. 416, § 21.
Annotations
JUDICIAL DECISIONS Sufficient evidence to support injunctive relief. - As a trial court found
that a permittee committed numerous violations of the permittee’s permit and the
Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., the court’s interlocutory injunction limiting the permittee’s operation until an administrative appeal was concluded, or until the permit-
tee demonstrated the permittee could operate in accordance with the law, did not exceed the scope of O.C.G.A. § 12-5-48. Agri-Cycle LLC v. Couch, 284 Ga. 90, 663 S.E.2d 175 (2008).
RESEARCH REFERENCES Am. Jur. 2d. - 61C Am. Jur. 2d, Pollution Control, § 1932 et seq. C.J.S. - 39A C.J.S., Health and Environment, §§ 141, 146. ALR. - Injunction against pollution of stream by private persons or corporations, 46 A.L.R. 8.
Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253. Pollution control: preliminary mandatory injunction to prevent, correct, or reduce effects of polluting practices, 49 A.L.R.3d 1239.