Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448
(Code 1981, §12-8-21, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 1; Ga. L. 1993, p. 399, §§ 1, 2; Ga. L. 2005, p. 1247, §§ 1, 2/SB 122; Ga. L. 2011, p. 283, § 1/HB 274.)
The 2011 amendment, effective May 11, 2011, in the introductory paragraph of subsection (g), twice substituted "this state" for "the state" in the first sentence, substituted the present provisions of the second sentence for the former provisions, which read: "The productivity of the soils of Georgia requires that nature's way of recycling vegetative matter be respected and followed and that such essential building materials are no longer wasted by being buried in landfills but are returned to the soil."; added paragraph (g)(3); redesignated former paragraphs (g)(3) through (g)(5) as present subparagraphs (g)(3)(A) through (g)(3)(C), respectively; added "or" at the end of subparagraph (g)(3)(B); added "and" at the end of paragraph (g)(3)(C); redesignated former paragraph (g)(6) as present paragraph (g)(4), and, in paragraph (g)(4), deleted "chipped or composted for later use; and" following "site to be" at the end; substituted a colon for "(7) Chipping woody material for later uses as fiber fuel."; and added subparagraphs (g)(4)(A) through (g)(4)(C).
- 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).
- Georgia trial court erred by denying injunctive relief to a county and the county's chosen waste disposal company wherein it sought to prohibit an unauthorized waste company from providing services in the county against an ordinance because the ordinance served a legitimate public purpose by establishing means reasonably necessary to achieve the purpose of the county providing a comprehensive solid waste management plan as the county was required to do under O.C.G.A. § 12-8-31.1. Advanced Disposal Servs. Middle Ga., LLC v. Deep S. Sanitation, LLC, 296 Ga. 103, 765 S.E.2d 364 (2014).
- O.C.G.A. § 12-8-21(a) was not violated by provisions in a county ordinance authorizing the termination of a resident's garbage collection service for nonpayment of the collection fee. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).
Essential intent of subsection (c) of O.C.G.A. § 12-8-21 is the reduction of solid waste by 25 percent. This goal remains effective in applying related requirements of the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq., notwithstanding that the goal was originally expressed in terms of a calendar date which has passed. 1997 Op. Att'y Gen. No. 97-23.
- 25 Am. Jur. 2d, Drains and Drainage Districts, § 3. 61C Am. Jur. 2d, Pollution Control, §§ 676, 1038 et seq.
Total Results: 6
Court: Supreme Court of Georgia | Date Filed: 2014-11-03
Citation: 296 Ga. 103, 765 S.E.2d 364
Snippet: important and legitimate public purpose. See OCGA § 12-8-21 (a) (purpose of the Georgia Comprehensive Solid
Court: Supreme Court of Georgia | Date Filed: 2014-09-22
Snippet: and legitimate public purpose. See OCGA § 12-8-21 (a) (purpose of the Georgia Comprehensive Solid
Court: Supreme Court of Georgia | Date Filed: 2007-11-21
Citation: 653 S.E.2d 720, 282 Ga. 740, 2007 Fulton County D. Rep. 3595, 2007 Ga. LEXIS 858
Snippet: state-wide program for solid waste management.” OCGA § 12-8-21 (a). The comprehensive state-wide program, in turn
Court: Supreme Court of Georgia | Date Filed: 2006-03-13
Citation: 627 S.E.2d 574, 280 Ga. 314, 2006 Fulton County D. Rep. 719, 2006 Ga. LEXIS 166
Snippet: 670, 672-673 (594 SE2d 344) (2004). OCGA§ 12-8-21 (a). OCGA § 12-8-31.1. OCGA§ 12-8-24 (g)
Court: Supreme Court of Georgia | Date Filed: 2004-03-01
Citation: 593 S.E.2d 348, 277 Ga. 624, 2004 Fulton County D. Rep. 761, 2004 Ga. LEXIS 187
Snippet: collection. 4. We do not agree with Strykr that OCGA § 12-8-21(a) (policy of protecting public health furthered
Court: Supreme Court of Georgia | Date Filed: 1996-01-22
Citation: 466 S.E.2d 197, 266 Ga. 253, 96 Fulton County D. Rep. 365, 1996 Ga. LEXIS 27
Snippet: discharge to be reduced or eliminated). OCGA § 12-8-21 (1992); see Solid Waste Management, 7 Ga. St. U