O.C.G.A.
O.C.G.A.

O.C.G.A. § 12-8-71 (2019)

Proceedings for enforcement

✓ 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) Whenever the director has reason to believe that a violation of any provision of this part, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this part, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.

(b) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.

(c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-8-73.

History

Ga. L. 1979, p. 1127, § 13; Ga. L. 1985, p. 266, § 7; Ga. L. 1988, p. 727, § 4; Ga. L. 1992, p. 2234, § 5.

Annotations

JUDICIAL DECISIONS Obligation to remedy violations by ‘‘conference, conciliation, or persuasion.’’ - Finding that company holding a ‘‘corrective action permit’’ wilfully and flagrantly violated the corrective action plan

and that the Environmental Protection Division acted reasonably in attempting to obtain compliance was sufficient to show the division acted in accord with the requirements of O.C.G.A. § 12-8-71.

CONSERVATION & NATURAL RES.

Reheis v. AZS Corp., 232 Ga. App. 852, 503 S.E.2d 36 (1998). RESEARCH REFERENCES C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, § 226. 73A

C.J.S., Public Administrative Law, § 277 et seq.

Notes of Decisions
Cited in 4 cases, 1993–2002 · leading case: Price v. State, 553 S.E.2d 194 (Ga. Ct. App. 2001).
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Price v. State, 553 S.E.2d 194 (Ga. Ct. App. 2001). · cites it 4× “13 OCGA §§ 12-8-71; 12-9-13. 14 OCGA § 12-8-71.”
Cargill, Inc. v. Evanston Ins. Co., 642 N.W.2d 80 (Minn. Ct. App. 2002). “Ga. Code Ann. § 12-8-71 (a) (2000) requires that the GDNR remedy violations of the Georgia Hazardous Waste Management Act (GHWMA) through “conference, conciliation, and persuasion.”
Gen. Time Corp. v. Bulk Materials, Inc., 826 F. Supp. 471 (M.D. Ga. 1993). “Arguably, if 12—8—96(b) is not merely redundant of 12-8-71(b), General Time is not precluded from seeking contribution since Fleet and the GEPD presumably were proceeding under § 12-8-71(b) when they executed the Consent Order.”
Reheis v. AZS CORP., 503 S.E.2d 36 (Ga. Ct. App. 1998). · cites it 6× “Challenging the ALJ’s decision, AZS sought judicial review in the superior court, which found the compliance order and penalties improper because the EPD had not first engaged in attempts to remedy the violations by “conference, conciliation, or persuasion” as required by OCGA §…”
— 12-8-71(b) — 1 case
Gen. Time Corp. v. Bulk Materials, Inc., 826 F. Supp. 471 (M.D. Ga. 1993). “Arguably, if 12—8—96(b) is not merely redundant of 12-8-71(b), General Time is not precluded from seeking contribution since Fleet and the GEPD presumably were proceeding under § 12-8-71(b) when they executed the Consent Order.”
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.