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2018 Georgia Code 12-8-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-41 Case Law from Google Scholar Amendments to OCGA 12-8-41

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 2 SOLID WASTE MANAGEMENT

12-8-41. Department to provide permits.

The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Public Health for these purposes) under Code Section 31-2A-12 may continue to operate under such Code section until July 1, 2014, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter.

(Code 1981, §12-8-41, enacted by Ga. L. 2002, p. 927, § 1A; Ga. L. 2005, p. 1529, § 1/HB 54; Ga. L. 2007, p. 127, § 4/HB 463; Ga. L. 2009, p. 453, § 1-12/HB 228; Ga. L. 2011, p. 705, §§ 3-4, 6-3/HB 214; Ga. L. 2012, p. 843, § 1A/HB 1102.)

The 2011 amendment, effective July 1, 2011, in the last sentence of this Code section, substituted "Department of Public Health" for "Department of Community Health" and substituted "Code Section 31-2A-12" for "Code Section 31-2-13".

The 2012 amendment, effective May 1, 2012, substituted "July 1, 2014" for "July 1, 2012" in the last sentence of this Code section.

Law reviews.

- For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 59 (2002). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Ultra virus act void.

- Because the chair of the county board of commissioners committed an ultra virus act in granting approval for a project in a letter to a company, the company did not have a right to mandamus or declaratory relief against the county after the board of commissioners wrote a later letter to the company informing the company that the company did not have the board of commissioners' approval for the project as no formal application for the project was made to the board of commissioners. Enviro Pro, Inc. v. Emanuel County, 265 Ga. App. 309, 593 S.E.2d 673 (2004).

PART 2 R EGIONAL SOLID WASTE MANAGEMENT AUTHORITIES

12-8-50. Short title.

This part shall be known and may be cited as the "Regional Solid Waste Management Authorities Act."

(Code 1981, §12-8-50, enacted by Ga. L. 1990, p. 412, § 1.)

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