TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 9. Prevention and Control of Air Pollution, 12-9-1 through 12-9-70.

ARTICLE 1 AIR QUALITY

12-9-21. Effect of article on powers of Board of Natural Resources, department, division, and director.

Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order:

1. With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations if such locations are not subject to regulation under the federal act;
2. Affecting the relations between employers and employees with respect to or arising out of any air conditions if such relations are not subject to regulation under the federal act; except that a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the director under Code Section 12-9-13 or the administrator under 42 U.S.C. Section 7413(d) may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants;
3. Limiting or restricting the owners of any forest land from burning over their own land, provided that such burning is consistent with the requirements of the federal act; or
4. Limiting or restricting burning over any agricultural tract, lot, or parcel greater than five acres for purposes of any existing, expanded, or new agricultural operations as such term is defined by Code Section 1-3-3, provided that such burning is consistent with the requirements of the federal act and is limited to vegetative material.

(Code 1933, § 88-910, enacted by Ga. L. 1967, p. 581, § 1; Ga. L. 1972, p. 1015, § 1529; Ga. L. 1978, p. 275, § 7; Ga. L. 1992, p. 918, § 2; Ga. L. 1992, p. 2886, § 1; Ga. L. 2018, p. 118, § 1/HB 885.)

The 2018 amendment, effective July 1, 2018, deleted a comma following "operations" in paragraph (1); in paragraph (2), deleted a comma following "12-9-13" and deleted "or" at the end; substituted "; or" for a period at the end of paragraph (3); and added paragraph (4).