CopyCited 16 times | Published | Supreme Court of Georgia | Mar 22, 2004 | 277 Ga. 690, 2004 Fulton County D. Rep. 1009
...t Lamar County did not have a landfill designated as a C&D landfill, that the county's Solid Waste Management Plan ("SWMP") prohibited the disposal of C&D waste in the county's current landfill, and that the SWMP was, therefore, in violation of OCGA §
12-8-31.1....
...Carlyle Company challenged the validity of Lamar County's comprehensive solid waste management plan, based upon a variety of State statutes. The trial court found that Lamar County had no valid comprehensive solid waste management plan as required by OCGA §
12-8-31.1, therefore the County's attempted regulation of solid waste landfills was invalid, and mandamus relief was mandated....
...extraordinary remedy. Rather, mandamus relief simply flowed from the trial court's determination, pursuant to Carlyle's request for a declaratory judgment, that Lamar County had no valid comprehensive solid waste management plan as required by OCGA §
12-8-31.1, and that its attempted regulation of solid waste landfills was therefore legally ineffective....
CopyCited 7 times | Published | Supreme Court of Georgia | Mar 13, 2006 | 280 Ga. 314, 2006 Fulton County D. Rep. 719
...tion to the EPD. The trial court found that in making its decision, the County had considered factors that it was prohibited from considering under Butts County v. Pine Ridge Recycling [4] In that decision, the Court of Appeals ruled that under OCGA §
12-8-31.1(b), a local government can only consider environmental and land use factors in making its determination regarding a proposed landfill's consistency with its SWMP....
...[9] After receiving written verification from the local government, the applicant may then request a permit from the director of the EPD. [10] The Butts County decision, as well as the decision by the trial court in this case, is based on the language of OCGA §
12-8-31.1(b)....
...vernments are to determine whether a proposed facility is consistent with its SWMP. [12] In fact, the plain language of the statute indicates that factors other than the "minimum" land use and environmental factors might be considered. Although OCGA §
12-8-31.1(b) provides the "minimum" factors that must be considered in a SWMP, OCGA §
12-8-31.1(a) also requires a valid SWMP to "conform to the plan development procedures developed and promulgated by the Department of Community Affairs." [13] The regulations issued by the DCA, which "shall be used to guide the preparation, develo...
...cused on precisely these factors, among others, when it determined that the proposed landfill would render the County unable to continue to operate the existing landfill, as envisioned by its SWMP. If the Butts County decision were correct, and OCGA §
12-8-31.1(b) limited the factors that could be considered in a consistency determination, then these regulatory requirements are meaningless....
...solid waste facility is consistent with the plan. Accordingly, those issues are not before us in this appeal. Second, I agree with the majority opinion that the Butts County decision must be overruled. In that case, the Court of Appeals applied OCGA §
12-8-31.1(b), a statute requiring that a plan "identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors," and concluded that Butts County was restricted to consideration of environmental and land use factors in determining whether a proposed facility was consistent with the county's solid waste management plan. Butts County v. Pine Ridge Recycling,
213 Ga.App. 510, 512,
445 S.E.2d 294 (1994). Although the factors in OCGA §
12-8-31.1(b) are applicable with regard to the issue of site suitability, the issue before the Court of Appeals in Butts County was whether the proposed facility was consistent with Butts County's SWMP....
...egulations promulgated by the DCA. See OCGA §
12-8-24(g) (requiring verification that proposed facility complies with local zoning and land use ordinance and is consistent with applicable solid waste management plan before issuance of permit); OCGA §
12-8-31.1(b) (plan shall identify those sites that are not suitable for solid waste handling facilities); Minimum Planning Standards and Procedures, Ga....
...[6] "Mandamus is an extraordinary remedy and is available against a public official only when the petitioner shows a clear legal right to the relief sought or a gross abuse of discretion." Mid-Georgia Environmental Mgmt. Group v. Meriwether County,
277 Ga. 670, 672-673,
594 S.E.2d 344 (2004). [7] OCGA §
12-8-21(a). [8] OCGA §
12-8-31.1. [9] OCGA §
12-8-24(g). [10] OCGA §
12-8-24(a). [11] OCGA §
12-8-31.1(b)....
CopyCited 7 times | Published | Supreme Court of Georgia | Mar 13, 2006 | 280 Ga. 411
...OCGA §
12-8-24(g) provides, in relevant part, that the verification must attest to the proposed facility's compliance "with the local, multijurisdictional, or regional [SWMP] developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section
12-8-31.1....
...By its terms, OCGA §
12-8-24(g) does not require compliance with both a SWMP and a CP. Instead, as previously noted, it provides that the proposed facility must comply only with a "[SWMP] developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section
12-8-31.1....
...n to the contrary. . . ." Friedman v. Goodman, supra at 159(3)(b),
132 S.E.2d 60. OCGA §
12-8-24(g) unequivocally states that a SWMP must be "developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section
12-8-31.1. . . ." OCGA §
12-8-31.1(a), in turn, requires that a city develop or be included in a "comprehensive [SWMP] not later than July 1, 1993." Under OCGA §
12-8-31.1(b), the SWMP "shall, at a minimum,....
...eloped, was required to identify unsuitable sites, not express vague "GOALS" as to the identification of such sites in the future. Therefore, even assuming that incorporation by reference can ever apply prospectively, subsections (a) and (b) of OCGA §
12-8-31.1 are statutory provisions which mandate a comprehensive SWMP by 1993, and thereby preclude the City's reliance on that principle to incorporate the 1995 CP into its SWMP....
...nance. Here, the controlling statutory provisions require that the City be included in a "comprehensive" SWMP by a date certain and that the SWMP must, "at a minimum," identify the sites which are unsuitable for solid waste handling facilities. OCGA §
12-8-31.1 (a), (b)....
...he principle of incorporation by reference must be employed and "it appears to be inconsistent" to apply the principle here; and, even if incorporation by reference were a possibility, the *560 majority opines it would not be applicable because OCGA §
12-8-31.1(a) and (b) prohibit the use of incorporation by reference....
..."[i]n the absence of statutory or charter provision to the contrary. . . ."). I first take issue with the majority's implication that the regional solid waste management plan is deficient because it did not meet the minimum standards listed in OCGA §
12-8-31.1(b)....
...n of DNR supervises the administration of solid waste management. OCGA §
12-8-23.1. DCA is the government agency statutorily charged with establishing a review process for local, multi-jurisdictional, and regional solid waste management plans. OCGA §
12-8-31.1(a), (c)....
...A plan which sets forth goals might be deemed deficient when measured against the requirements for enactment of laws or ordinances but, as I have pointed out, it is inappropriate to use the ordinance measuring stick to determine whether a plan is up to snuff. The majority's actual holding in the case at bar is that OCGA §
12-8-31.1(a) and (b) preclude the use of incorporation by reference because the statute required the regional solid waste management plan to be complete by July 1, 1993....
...s in municipal ordinances by incorporation by reference is valid where the document adopted is sufficiently identified and is made a part of public record." (Emphasis supplied.) Friedman v. Goodman, supra,
219 Ga. at 159,
132 S.E.2d 60. Neither OCGA §
12-8-31.1(a) nor (b) mentions incorporation by reference, much less prohibits the use of incorporation by reference; instead, they merely set out minimum requirements for a local government's solid waste management plan....
...[2] Carried to its logical conclusion, the majority's holding means that incorporation by reference cannot be used in a solid waste management plan developed after the July 1, 1993 statutory deadline, or in a solid waste management plan that has not clearly set forth the three criteria listed in OCGA §
12-8-31.1(b). Somehow, the statutory deadline set forth in OCGA §
12-8-31.1(a) has become a statutory provision that prohibits the use of incorporation *562 by reference of adoption of documents in municipal ordinances....
CopyCited 4 times | Published | Supreme Court of Georgia | Nov 3, 2014 | 765 S.E.2d 364
...See OCGA §
12-8-21 (a) (purpose of the Georgia Comprehensive Solid Waste Management Act is “to protect the public health, safety, and well-being of [Georgia] citizens and to protect and enhance the quality of [Georgia’s] environment”); OCGA §
12-8-31.1 (a) and (b) (requiring counties to develop or be included in a comprehensive solid waste management plan which provides, at a minimum, “for the assurance of adequate solid waste handling capability and capacity within the planning area...
Published | Supreme Court of Georgia | Sep 22, 2014 | 282 Ga. 740, 2007 Fulton County D. Rep. 3595
...See OCGA §
12-8-21 (a) (purpose of the Georgia
Comprehensive Solid Waste Management Act is “to protect the public health,
6
safety, and well-being of [Georgia] citizens and to protect and enhance the
quality of [Georgia’s] environment”); OCGA §
12-8-31.1 (a ) and (b) (requiring
counties to develop or be included in a comprehensive solid waste management
plan which provides, at a minimum, “for the assurance of adequate solid waste
handling capability and capacity within the planning...
