O.C.G.A. § 12-8-30.8 (2019)
Penalties for violations
(a) Any person who:
(1) Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A) Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;
(B) In knowing violation of any material condition or requirement of such permit or order; or
(C) In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section 12-8-23;
(3) Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regulations promulgated pursuant to this part;
(4) Knowingly processes, stores, treats, transports, disposes of, or otherwise handles any solid waste as defined in this part, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or
(5) Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(b) An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent’s action is authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official’s employment on behalf of the organization.
(c) Any sheriff, deputy sheriff, or other peace officer or local code enforcement officer shall have the authority to enforce the provisions of subsection (c) of Code Section 12-8-40.1.
History
Code 1981, § 12-8-30.8, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3276, § 11; Ga. L. 1994, p. 1101, § 2; Ga. L. 2013, p. 274, § 4/HB 226.
Annotations
Law reviews. - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 199 (1992).
JUDICIAL DECISIONS Prior consent order did not amount to criminal punishment to which double jeopardy prohibitions applied. - Trial court properly denied a solid waste facility operator’s double jeopardy plea in bar of prosecution because even though the parties stipulated that the consent order and the criminal action alleged the same nuisance conduct and each proceed-
ing had the same goals of restraint, deterrence, and abatement, the criminal action was not barred by the sanctions imposed in the consent order since the consent order did not amount to criminal punishment to which double jeopardy prohibitions applied. Wilbros, LLC v. State, 294 Ga. 514, 755 S.E.2d 145 (2014).
RESEARCH REFERENCES Am. Jur. 2d. - 21 Am. Jur. 2d, Criminal Law, § 20.
C.J.S. - 22 C.J.S., Criminal Law, § 19.