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2018 Georgia Code 12-8-71 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-8-71 Case Law from Google Scholar Amendments to OCGA 12-8-71

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 3 HAZARDOUS WASTE

12-8-71. Proceedings for enforcement.

  1. 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.
  2. 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.
  3. 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.

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

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. 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, § 180. 73A C.J.S., Public Administrative Law, § 223.

Cases Citing Georgia Code 12-8-71 From Courtlistener.com

Total Results: 1

Atlantic Steel Co. v. Kitchens

Court: Supreme Court of Georgia | Date Filed: 1972-02-02

Citation: 187 S.E.2d 824, 228 Ga. 708, 1972 Ga. LEXIS 892, 79 L.R.R.M. (BNA) 2620

Snippet: Pittsburgh Plate Glass Co., 404 U. S. (decided 12-8-71). I take the further position that, in the absence