O.C.G.A. § 12-8-211 (2019)
Application to identified purchasers
The limitation of liability provided under this article shall also apply to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who subsequently obtains the director’s approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance for the qualifying property.
History
Code 1981, § 12-8-211, enacted by Ga. L. 2014, p. 247, § 6/HB 957.
CONSERVATION & NATURAL RES.
CHAPTER 9 PREVENTION AND CONTROL OF AIR POLLUTION Article 1
Sec.
Air Quality Sec.
Short title. Declaration of public policy. Definitions. Designation of division as agency to administer article. Powers and duties of Board of Natural Resources as to air quality generally. Powers and duties of director as to air quality generally. Permit required; report of spill or release of ethylene oxide; application; issuance; revocation, suspension, or amendment. Renewal or revision of permit. Notice requirements for permit applications and actions regarding permits. Permit related fees; costs of public notice. Inspections and investigations. Injunctive relief. Proceedings for enforcement. Powers of director in situations involving imminent and substantial danger to public health. Hearing; judicial review. Hearings and review. Legal assistance by Attorney General. Powers of Governor as to air quality control generally. Protection of confidential information obtained by division. Continuation in effect of rules, regulations, and permits. Effect of article on powers of Board of Natural Resources, department, division, and director. Noncompliance penalties. Civil penalties; procedures for imposing penalties.
Criminal penalties; evidence; affirmative defenses. Small business stationary source technical and environmental compliance program; manager; advisory panel. Article 2
Motor Vehicle Emission Inspection and Maintenance
Short title. Legislative findings. Declaration of public policy. Definitions. Uniformity and scope of application of article. Certificate of emission inspection. Powers and duties of board; designation of commissioner or director as board’s agent; power and duties of director. Further powers and duties of board; designation of department personnel as board’s agents. Requirement of certificate of emission inspection; standards for issuance; inspectors, equipment, and procedures; notice of violation of emission standards; reinspection after repairs; time extension; inspection sticker; new vehicles; replacement stickers. Application to conduct emission inspections; certificate of authorization. Authority to inspect, monitor, or investigate inspection stations. Emission inspection required for motor vehicle registration; operation without registration; improper reuse. Amendment, modification, revocation, or suspension of certificate of authorization. Review of director’s decision.
Sec.
AIR POLLUTION CONTROL Article 3
Sale of vehicle. Prohibited acts; registration of vehicle by county without proof of inspection; penalty; withholding of funding. Rules and regulations. Effect of federal Clean Air Act requirements; repeal of article.
Annotations
Cross references. - Control of motor vehicle emissions, § 40-8-130 et seq. Editor’s notes. - By resolution (Ga. L. 1990, p. 661), the General Assembly provided that the Department of Natural Resources should not promulgate any rules or regulations requiring the installation of Stage II controls by gasoline service stations until such time as mandated by the United States Congress or the Environmental Protection Agency. Ga. L. 1992, p. 918, § 2, effective July 1, 1992, repealed and reenacted this chapter. The former provisions of this chapter have been designated as Article 1 thereof and an Article 2, pertaining to motor vehicle emissions, has been added. References in Article 1 to ‘‘chapter’’ were changed to ‘‘article’’ by Ga. L. 1992, p. 918, § 2. Arti-
Gasoline Additives Sec.
Study and review of gasoline additives.
cle 1 also reflects amendments made by Ga. L. 1992, p. 2886. Ga. L. 1992, p. 2886, § 2, provides for severability of the Act.
Law reviews. - For article, ‘‘Georgia’s Environmental Law: A Survey,’’ see 23 Mercer L. Rev. 633 (1972). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For article surveying provisions of Air Quality Act of 1978, see 14 Ga. St. B.J. 175 (1978). For article surveying recent legislative and judicial developments in zoning, planning and environmental law, see 31 Mercer L. Rev. 89 (1979). For note on 1992 amendment of this chapter, see 9 Ga. St. U.L. Rev. 179 (1992).
OPINIONS OF THE ATTORNEY GENERAL Probate court has no jurisdiction over air pollution violations. - Probate court does not have jurisdiction to try or sentence an individual accused of violating the criminal provisions concerning waste management or air pollution. 1995 Op. Att’y Gen. No. U95-1. Certification of equipment or facilities for pollution control purposes authorized. - Environmental Protection Division may certify equipment or facilities as necessary and in furtherance of pollution abatement and control purposes, pursuant to Ga. L. 1963, p. 531, § 1 et seq. (see O.C.G.A. § 36-62-1 et seq.), and apposite Internal Revenue Service
regulations, if the equipment or facilities enhance the industry’s pollution abatement goal and, although possibly having other functions, have as their predominant purpose the assistance or aid of pollution control or abatement. 1973 Op. Att’y Gen. No. 73-175. Local regulation. - While local governments are not preempted from regulating air quality control, any ordinance in this area which contradicts or detracts from the Georgia Air Quality Act, O.C.G.A. § 12-9-1 et seq., would be unconstitutional and void. 1986 Op. Att’y Gen. No. U86-22.
CONSERVATION & NATURAL RES.
RESEARCH REFERENCES ALR. - Validity of regulation of smoke and other air pollution, 78 A.L.R.2d 1305. Air pollution: evidence as to Ringelmann Chart observations, 51 A.L.R.3d 1026. Validity and construction of statutes regulating strip mining, 86 A.L.R.3d 27. When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 A.L.R.4th 456. Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685. Validity, construction, and application of variance provisions in state and local air pollution control laws and regulations, 66 A.L.R.4th 711.
Validity of state and local air pollution administrative rules, 74 A.L.R.4th 566. Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444. Clean Air Act implementation plans for nonattainment areas, 90 A.L.R. Fed. 481. What constitutes modification of stationary source, under § 111(a)(3), (4) of Clean Air Act (42 USCS § 7411(a)(3), (4)), so as to subject source to Environmental Protection Agency’s new source performance standards, 94 A.L.R. Fed. 750. Am. Jur. 2d. - 61B Am. Jur. 2d, Pollution Control, § 146 et seq.
ARTICLE 1 AIR QUALITY
Administrative rules and regulations. - Air quality control, Official Compilation of the Rules and Regulations of
the State of Georgia, Georgia Department of Natural Resources, Environmental Protection, Subject 391-3-1.