TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 4. State, County, and Municipal Road Systems, 32-4-1 through 32-4-123.

ARTICLE 1 GENERAL PROVISIONS

32-4-4. Determination by entity on asbestos pipe; removal and disposal; status of facility.

1. As used in this Code section, the term "entity" means a county, a municipality, a consolidated government, or a local authority.
2. Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such facility exists in the public rights of way of any highway, road, or street authorized pursuant to this title, and the entity determines that such facility should no longer be utilized, the entity that owns and operates the utility facility shall file a notice of abandonment with the department if the facility is located upon the public rights of way under the authority of the department. Upon abandonment, the entity shall have the discretion to:
   1. Remove and dispose of the asbestos pipe in accordance with federal laws and regulations;
   2. Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or
   3. Allow the pipe to remain undisturbed in the ground and take no further action.
3. At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.
4. The entity shall not relinquish the ownership of said facility as stated in subsection (h) of Code Section 25-9-7 and Code Section 32-6-174. The facility shall be deemed abandoned and out of service.

(Code 1981, §32-4-4, enacted by Ga. L. 2009, p. 302, § 1/HB 101; Ga. L. 2011, p. 583, § 5/HB 137.)

The 2011 amendment, effective July 1, 2011, in subsection (b), in the first sentence, substituted "such facility" for "such pipe" in two places, substituted "public rights of way of any highway, road, or street" for "rights of way of any road, bridge, or other transportation project", added "file a notice of abandonment with the department if the facility is located upon the public rights of way under the authority of the department" at the end, and added "Upon abandonment, the entity shall" at the beginning of the second sentence; and substituted the present provisions of subsection (d) for the former provisions, which read: "Any costs, claims, or other liability associated with the entity's decision pursuant to subsection (b) of this Code section shall be borne by the entity and may be subject to offset by the department."