O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-8-30.7 (2019)

Unlawful acts

✓ 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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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.

History

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

Annotations

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

CONSERVATION & NATURAL RES.

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, §§ 161, 162.

C.J.S. - 66 C.J.S., Nuisances, § 78.

Notes of Decisions
Cited in 2 cases, 1992–1996 · leading case: Perry v. Soil Remediation, Inc., 471 S.E.2d 320 (Ga. Ct. App. 1996).
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Perry v. Soil Remediation, Inc., 471 S.E.2d 320 (Ga. Ct. App. 1996). · cites it 2× “OCGA § 12-8-30.7; see Garrett, supra at 425.”
S. States Landfill, Inc. v. Georgia Dep't of Nat. Resources, 801 F. Supp. 725 (M.D. Ga. 1992). · cites it 2× “Has not knowingly, willfully, and consistently violated the prohibitions specified in O.C.G.A. § 12-8-30.7; and 6. Has not been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of the State of Georgia within five years…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.