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O.C.G.A. § 12-8-79 — Effect of other laws on permits issued under article and rules and regulations | Georgia Code

O.C.G.A. § 12-8-79 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

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

ARTICLE 3 HAZARDOUS WASTE

12-8-79. Effect of other laws on permits issued under article and rules and regulations.

Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article.

(Ga. L. 1979, p. 1127, § 21; Ga. L. 1992, p. 2234, § 5.)

Law reviews.

- For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982). For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For survey article on real property, see 34 Mercer L. Rev. 255 (1982).

JUDICIAL DECISIONS

Preemption feature of O.C.G.A. Art. 3, Ch. 8, T. 12 operates only in regard to facility already holding valid permit. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981).

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.