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2018 Georgia Code 12-8-30.7 | Car Wreck Lawyer

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-30.7. Unlawful acts.

It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part.

(Code 1981, §12-8-30.7, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 10.)

Law reviews.

- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code Section 12-8-26 are included in the annotations for this Code section.

Negligence action not available for breach of duty imposed by section.

- Even if this statute were construed as imposing a general duty of safety beyond the primary duty of minimizing any environmental hazards, there is still no statutory authorization for a negligence action based on a breach of that duty. Dinsmore v. Cherokee County, 177 Ga. App. 93, 338 S.E.2d 523 (1985) (decided under former O.C.G.A. § 12-8-26).

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 201, 202.

C.J.S.

- 66 C.J.S., Nuisances, § 83.

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