O.C.G.A.
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.
This part shall be known as and may be cited as the ‘‘Georgia Hazardous Waste Management Act.’’
History
Ga. L. 1979, p. 1127, § 1; Ga. L. 1992, p. 2234, § 5.
Annotations
Law reviews. - For annual survey on
environmental law, see 70 Mercer L. Rev. 1007 (2019).
JUDICIAL DECISIONS Constitutionality. - O.C.G.A. § 50-13-10 did not authorize plaintiffs to obtain declaratory judgment as to validity of rules enacted pursuant to the Hazardous Waste Management Act, O.C.G.A. § 12-8-60 et seq., when the plaintiffs were contending that the Act and rules promulgated thereunder were unconstitutional. George v. Department of Natural Re-
sources, 250 Ga. 491, 299 S.E.2d 556 (1983). Cited in Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981); South Carolina Ins. Co. v. Coody, 813 F. Supp. 1570 (M.D. Ga. 1993); Georgia Ports Auth. v. Diamond Mfg. Co., 164 Bankr. 189 (Bankr. S.D. Ga. 1994).
RESEARCH REFERENCES ALR. - Right to maintain action based on violation of § 7003 of Resource Conservation and Recovery Act (42 USCS
§ 6973) pertaining to imminent hazards from solid or hazardous waste, 105 A.L.R. Fed. 800.
Notes of Decisions
Georgia Ports Auth. v. Diamond Mfg. Co. (In Re Diamond Mfg. Co.), 164 B.R. 189 (Bankr. S.D. Ga. 1994).
· cites it 4× “Defendant Diamond’s contamination constitutes a violation of the rules and regulations adopted to enforce the “Georgia Hazardous Waste Management Act,” O.C.G.A. § 12-8-60 et seq. 3 Plaintiffs prayer for relief requests 1.”
Quebell P. Parker v. Scrap Metal Processors, 386 F.3d 993 (11th Cir. 2004).
“Georgia received approval in 1979 and enacted the Hazardous Waste Management Act (“HWMA”), Ga. Code Ann. §§ 12-8-60 through 12-8-83, and the Comprehensive Solid Waste Management Act (“SWMA”), Ga.”
George v. Dep't of Nat. Resources, 299 S.E.2d 566 (Ga. 1983).
· cites it 2× “The plaintiffs seek a declaratory judgment that the Georgia Hazardous Waste Management Act, OCGA § 12-8-60 et seq. (Code Ann. § 43-2901 et seq.”
Georgia Dep't of Nat. Resources v. Union Timber Corp., 375 S.E.2d 856 (Ga. 1989).
· cites it 2× “The wastewater treatment sludge that results from this process is a listed (K001) hazardous waste under the provisions of the Georgia Hazardous Waste Management Act, OCGA § 12-8-60 et seq. (the Act), and the rules promulgated pursuant thereto, which control its storage.”
South Carolina Ins. Co. v. Coody, 813 F. Supp. 1570 (M.D. Ga. 1993).
· cites it 2× “This order cites numerous violations of the Georgia Hazardous Waste Management Act, O.C.G.A. § 12-8-60 et seq. Plaintiff filed this declaratory action on January 31, 1992.”
Bd. of Nat. Resources v. Walker Cnty., 407 S.E.2d 436 (Ga. Ct. App. 1991).
· cites it 2× “This case involves the Georgia Hazardous Waste Management Act, OCGA § 12-8-60 et seq. We granted discretionary appeal to the Director of the Environmental Protection Division of the State Department of Natural Resources (EPD), the State Board of Natural Resources (Board), and…”
Briggs & Stratton Corp. v. Concrete Sales & Servs., 20 F. Supp. 2d 1356 (M.D. Ga. 1998).
· cites it 2× “, as amended, or the Georgia Hazardous Waste Management Act, O.C.G.A. § 12-8-60, et seq., as amended, in connection with the citizen suit claim in the Civil Action under 42 U.”
Price v. State, 553 S.E.2d 194 (Ga. Ct. App. 2001).
· cites it 2× “6 OCGA § 12-8-60 et seq. 7 See Northwest Ga.”
Reheis v. AZS CORP., 503 S.E.2d 36 (Ga. Ct. App. 1998).
· cites it 2× “We granted discretionary appeal in this case involving an admi n - istrative order and civil penalty issued pursuant to the Georgia Hazardous Waste Management Act, OCGA § 12-8-60 et seq. AZS Corporation held a “corrective action permit” requiring it to rehabilitate groundwater…”
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.