O.C.G.A.

O.C.G.A. § 12-8-53 (2019)

Creation of authorities

✓ 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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(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the ‘‘solid waste management authority’’ of such county or municipal

CONSERVATION & NATURAL RES.

corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolution of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation. (b) Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the ‘‘regional solid waste management authority’’ for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.

History

Code 1981, § 12-8-53, enacted by Ga. L. 1990, p. 412, § 1.

Notes of Decisions

Cited in 2 cases, 1994–1994 · leading case: Pine Ridge Recycling, Inc. v. Butts Cnty., Ga., 855 F. Supp. 1264 (M.D. Ga. 1994).

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Pine Ridge Recycling, Inc. v. Butts Cnty., Ga., 855 F. Supp. 1264 (M.D. Ga. 1994). · cites it 2× “O.C.G.A. § 12-8-53(a). 7 . Section 36-65-1 provides, in pertinent part, that "in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy.”

Pine Ridge Recycling, Inc. v. BUTTS Cnty., GA., 864 F. Supp. 1338 (M.D. Ga. 1994). · cites it 2× “The Butts County Solid Waste Management Authority was created pursuant to O.C.G.A. § 12-8-53(a) and operates a MSWLF in Butts County, Georgia (“the Butts landfill”).”

— 12-8-53(a) — 2 cases

Pine Ridge Recycling, Inc. v. Butts Cnty., Ga., 855 F. Supp. 1264 (M.D. Ga. 1994). “O.C.G.A. § 12-8-53(a). 7 . Section 36-65-1 provides, in pertinent part, that "in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy.”

Pine Ridge Recycling, Inc. v. BUTTS Cnty., GA., 864 F. Supp. 1338 (M.D. Ga. 1994). “The Butts County Solid Waste Management Authority was created pursuant to O.C.G.A. § 12-8-53(a) and operates a MSWLF in Butts County, Georgia (“the Butts landfill”).”

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