HB 148 - Intergovernmental Solid Waste Coordinating Council; create
Georgia House of Representatives - 1995/1996 Sessions
HB 148 - Intergovernmental Solid Waste Coordinating Council; create
1. Dobbs 92nd
House Comm: NatR / Senate Comm: Nat R /
House Vote: Yeas 145 Nays 2 Senate Vote: Yeas 51 Nays 2
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House Action Senate
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1/11/95 Read 1st Time 3/1/95
1/12/95 Read 2nd Time 1/29/96
2/16/95 Favorably Reported 1/26/96
Sub Committee Amend/Sub Sub
2/28/95 Read 3rd Time 2/1/96
2/28/95 Passed/Adopted 2/1/96
CSFA Comm/Floor Amend/Sub CSFA
3/8/96 Amend/Sub Disagreed To
3/12/96 Insists 3/8/96
3/12/96 Conf Comm Appointed 3/13/96
3/14/96 Conf Comm Rep Adopted 3/14/96
4/4/96 Sent to Governor
4/25/96 Signed by Governor
V30 Act/Veto Number
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Code Sections amended: 12-8-21, 12-8-22, 12-8-23, 12-8-24, 12-8-25.3, 12-8-30.3,
12-8-31.1, 12-8-32, 12-8-33, 12-8-37.1, 12-8-39.3, 12-8-40.1, 12-8-59.2,
12-8-180, 12-8-182, 12-8-183, 50-8-7.3
HB 148 HB 148/AP
H. B. No. 148 (AS PASSED HOUSE AND SENATE)
By: Representative Dobbs of the 92nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 8 of Title 12 of the Official Code of
1- 2 Georgia Annotated, relating to waste management, so as to
1- 3 change a certain statement of policy; to delete a certain
1- 4 definition; to amend certain powers and duties of the Board
1- 5 of Natural Resources; to delete certain provisions relating
1- 6 to the permitting of biomedical waste thermal treatment
1- 7 technology facilities; to change certain provisions relating
1- 8 to the permitting of municipal solid waste disposal
1- 9 facilities; to delete certain restrictions on the siting of
1-10 landfills; to require local governments and authorities to
1-11 hold a public hearing before entering into certain
1-12 agreements with private entities relating to landfills; to
1-13 prohibit permits for municipal solid waste landfills within
1-14 a specified distance of certain restricted military air
1-15 space notwithstanding any other provision of law or any
1-16 administrative action; to provide that no permit shall be
1-17 issued for certain solid waste disposal facilities and solid
1-18 waste handling facilities located within the corporate
1-19 limits of a municipality having a population of 1,500 or
1-20 less and located without the permission of the governing
1-21 authority of each county emcompassing any part of the
1-22 corporate limits of such city; to provide that no permit
1-23 shall be issued for certain solid waste disposal facilities
1-24 located within the corporate limits of any municipality
1-25 without the permission of the governing authority of such
1-26 municipality; to provide for the entry of judgments in
1-27 accordance with certain administrative rulings; to provide
1-28 that certain restrictions on the permitting of municipal
1-29 solid waste disposal facilities cover both publicly and
1-30 privately owned facilities; to change certain provisions
1-31 relating to conflict resolution relative to the siting of
1-32 landfills; to provide that the Department of Community
1-33 Affairs shall mediate such conflicts; to repeal provisions
1-34 relating to the Recycling Market Development Council; to
1-35 create the Intergovernmental Solid Waste Coordinating
1-36 Council; to provide for the transfer of certain funds; to
1-37 provide an exemption from certain cost-recovery actions
H. B. No. 148
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HB 148/AP
2- 1 relating to the disposal of scrap tires; to provide that
2- 2 units of local government which have activated waste
2- 3 management authorities may deactivate the same by ordinance
2- 4 or resolution; to provide for the disposition of the assets
2- 5 and liabilities of such authorities; to define certain
2- 6 terms; to change certain provisions relating to pollution
2- 7 prevention plans; to amend Article 1 of Chapter 8 of Title
2- 8 50 of the Official Code of Georgia Annotated, relating to
2- 9 general provisions relative to the Department of Community
2-10 Affairs, so as to change certain powers and duties of the
2-11 department; to provide for matters relative to the
2-12 foregoing; to provide an effective date; to repeal
2-13 conflicting laws; and for other purposes.
2-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2-15 Chapter 8 of Title 12 of the Official Code of Georgia
2-16 Annotated, relating to waste management, is amended by
2-17 striking in its entirety subsection (c) of Code Section
2-18 12-8-21, relating to a declaration of policy and legislative
2-19 intent, and inserting in lieu thereof the following:
2-20 "(c) (1) It is the intent of the General Assembly that
2-21 every effort be undertaken to reduce on a state-wide per
2-22 capita basis the amount of municipal solid waste being
2-23 received at disposal facilities during fiscal year 1992
2-24 1994 by 25 percent by July 1, 1996 1998; provided,
2-25 however, that counties and municipalities that establish
2-26 an annual measurement of municipal solid waste being
2-27 received at disposal facilities prior to the end of fiscal
2-28 year 1992 1994 shall be given credit for reductions
2-29 achieved based on that measurement period prior to fiscal
2-30 year 1992 1994; provided, further, that municipal solid
2-31 waste received at any waste to energy facility which was
2-32 in operation on January 1, 1991, is exempted from this
2-33 subsection.
2-34 (2)(A) In addition, it is the intent of the General
2-35 Assembly that not later than October 1, 1996, the
2-36 Department of Natural Resources, jointly with the
2-37 Department of Community Affairs and in cooperation
2-38 with the Georgia Environmental Facilities Authority,
2-39 local government officials, private businesses, and
2-40 the general public shall develop and complete a
2-41 comprehensive review and revision of the state solid
H. B. No. 148
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HB 148/AP
3- 1 waste management plan authorized pursuant to Code
3- 2 Section 12-8-31.
3- 3 (B) The revised plan provided for in subparagraph (A)
3- 4 of this paragraph shall provide for the manner in
3- 5 which the state will achieve the July 1, 1998, 25
3- 6 percent state-wide per capita waste reduction goal
3- 7 provided for in Code Section 12-8-21 and shall include
3- 8 but not be limited to the following issues:
3- 9 (i) An evaluation of the effectiveness of current
3-10 waste reduction programs, both public and private,
3-11 including waste management reporting, solid waste
3-12 reduction plan guidelines, full cost-accounting
3-13 reports, and state agency procurement;
3-14 (ii) An assessment of successful programs in other
3-15 states;
3-16 (iii) The amount and duration of funding required to
3-17 achieve a 25 percent reduction and options for
3-18 securing needed funds;
3-19 (iv) An assessment of reporting needs for achieving
3-20 25 percent waste reduction;
3-21 (v) A strategy for conducting a state-wide audit of
3-22 municipal solid waste;
3-23 (vi) A strategy for providing assistance to
3-24 implement the yard trimmings ban;
3-25 (vii) Assessment of technical assistance needs of
3-26 local governments;
3-27 (viii) Identification of priority materials for
3-28 focused reduction efforts;
3-29 (ix) State-wide market development needs for
3-30 priority materials;
3-31 (x) An evaluation of the local economic and
3-32 community development potential of recycling and
3-33 reuse; and
3-34 (xi) Recommendations for coordinating interagency
3-35 waste reduction efforts on commercial and industrial
3-36 waste reduction."
SECTION 2.
N Said chapter is further amended by striking in its entirety
3-38 paragraph (37) of Code Section 12-8-22, relating to
H. B. No. 148
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HB 148/AP
4- 1 definitions relative to the "Georgia Comprehensive Solid
4- 2 Waste Management Act," which reads as follows:
4- 3 "(37) 'Special solid waste' means any solid waste not
4- 4 otherwise regulated under Part 1 of Article 3 of this
4- 5 chapter, known as the 'Georgia Hazardous Waste
4- 6 Management Act,' and regulations promulgated under such
4- 7 part originating or produced from or by a source or
4- 8 generator not subject to regulation under Code Section
4- 9 12-8-24.",
4-10 and by redesignating paragraphs (38) through (42) as (37)
4-11 through (41), respectively.
SECTION 3.
4-12 Said chapter is further amended by striking in its entirety
4-13 paragraph (1) of Code Section 12-8-23, relating to powers
4-14 and duties of the Board of Natural Resources relative to
4-15 solid waste management, and inserting in lieu thereof the
4-16 following:
4-17 "(1) Adopt, promulgate, modify, amend, and repeal rules
4-18 and regulations to implement and enforce the provisions
4-19 of this part as the board may deem necessary to provide
4-20 for the control and management of solid waste to protect
4-21 the environment and the health of humans. Such rules
4-22 and regulations may be applicable to the state as a
4-23 whole or may vary from area to area or may vary by waste
4-24 characteristics, as may be appropriate to facilitate the
4-25 accomplishment of the provisions, purposes, and policies
4-26 of this part. The rules and regulations may include,
4-27 but shall not be limited to, the following:
4-28 (A) Rules and regulations governing and controlling
4-29 solid waste handling, including measures to ensure
4-30 that solid waste management practices are regulated,
4-31 governed, and controlled in the public interest;
4-32 (B) Rules and regulations prescribing the procedure to
4-33 be followed in applying for permits and requiring the
4-34 submission of such plans, specifications,
4-35 verifications, and other pertinent information deemed
4-36 relevant in connection with the issuance of such
4-37 permits;
4-38 (C) Rules and regulations concerning the establishment
4-39 of permits by rule; (D) Rules and regulations establishing the use of a
5- 2 manifest during the generation and handling of special
5- 3 solid waste;
5- 4 (E)(D) Rules and regulations governing and controlling
5- 5 the handling of special solid waste and biomedical
5- 6 waste;
5- 7 (F)(E) Rules and regulations establishing criteria and
5- 8 a system of priorities for the distribution of any
5- 9 state funds as may be made available through a
5-10 grant-in-aid program to assist financially local
5-11 governmental agencies or authorities in the planning,
5-12 implementing, maintaining, or operating of solid waste
5-13 handling systems which are consistent with local and
5-14 regional solid waste management plans;
5-15 (G)(F) Rules and regulations establishing procedures
5-16 and requirements for the postclosure care of all solid
5-17 waste disposal facilities, including but not limited
5-18 to corrective action of releases, ground-water
5-19 monitoring, and maintenance of final cover;
5-20 (H)(G) Rules and regulations establishing the criteria
5-21 for approval, time periods for coverage, and other
5-22 terms and conditions for the demonstration of
5-23 financial responsibility required by this part and for
5-24 the implementation of financial responsibility
5-25 instruments;
5-26 (I)(H) Rules and regulations establishing
5-27 qualifications for municipal solid waste disposal
5-28 facility operators and certification of such operators
5-29 through colleges or universities of the University
5-30 System of Georgia or other organizations as may be
5-31 determined acceptable by the board;
5-32 (J)(I) Rules and regulations regulating the
5-33 generation, collection, processing, and disposal of
5-34 scrap tires and governing the investigation and
5-35 cleanup of sites where scrap tires have been disposed
5-36 regardless of the date when such disposal occurred;
5-37 and
5-38 (K)(J) Rules and regulations further defining what
5-39 shall or shall not constitute 'recovered materials';
5-40 and".
H. B. No. 148
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HB 148/AP
SECTION 4.
6- 1 Said chapter is further amended by striking in its entirety
6- 2 Code Section 12-8-24, relating to permits for solid waste or
6- 3 special solid waste handling or disposal and for thermal
6- 4 technology facilities, and inserting in lieu thereof the
6- 5 following:
6- 6 "12-8-24. (Index)
6- 7 (a) No person shall engage in solid waste or special solid
6- 8 waste handling in Georgia or construct or operate a solid
6- 9 waste handling facility in Georgia, except those
6-10 individuals exempted from this part under Code Section
6-11 12-8-30.10 or persons exempted by rules promulgated by the
6-12 board, without first obtaining a permit from the director
6-13 authorizing such activity; provided, however, that the
6-14 board may not exempt persons disposing of solid waste
6-15 other than inert solid waste. (b)(1) No permit for a biomedical waste thermal treatment
6-17 technology facility shall be issued by the director unless
6-18 the applicant for such facility demonstrates to the
6-19 director that a need exists for the facility for waste
6-20 generated in Georgia by showing that there is not
6-21 presently in existence within the state sufficient
6-22 disposal facilities for biomedical waste being generated
6-23 or expected to be generated within the state. For
6-24 purposes of this part, 'biomedical waste thermal treatment
6-25 technology facility' means any facility that exists for
6-26 the purpose of reducing the amount of biomedical waste
6-27 disposed of through a process of combustion, with or
6-28 without the process of converting such waste to energy. (2) Paragraph (1) of this subsection shall not apply to
6-30 any biomedical waste thermal treatment technology
6-31 facility which is operated exclusively by a private
6-32 biomedical waste generator on property owned by the
6-33 private biomedical waste generator for the purpose of
6-34 accepting biomedical waste exclusively from the private
6-35 biomedical waste generator so long as the operation of
6-36 the biomedical waste thermal treatment technology
6-37 facility does not adversely affect the public health or
6-38 the environment. After commencement of operation by a
6-39 private biomedical waste generator of a biomedical waste
6-40 thermal treatment technology facility which is permitted
6-41 by but not included in a local or regional solid waste
6-42 management plan, amendment of the local or regional
H. B. No. 148
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HB 148/AP
7- 1 solid waste management plan shall be required for any
7- 2 biomedical waste which is no longer to be disposed of by
7- 3 the private biomedical waste generator in its own
7- 4 biomedical waste thermal treatment technology facility
7- 5 prior to any substantial reduction in the amount of
7- 6 biomedical waste produced by the private biomedical
7- 7 waste generator and accepted by its own biomedical waste
7- 8 thermal treatment technology facility or the closure of
7- 9 such facility. (c) On or after March 30, 1990, any permit for the
7-11 transportation of municipal solid waste from a
7-12 jurisdiction generating solid waste to a municipal solid
7-13 waste disposal facility located in another county shall be
7-14 conditioned upon the jurisdiction generating solid waste
7-15 developing and being actively involved in, by July 1,
7-16 1992, a strategy for meeting the state-wide goal of waste
7-17 reduction by July 1, 1996.
7-18 (d)(b) If the director determines that such the activity
7-19 referred to in subsection (a) of this Code section will
7-20 result in any violation of this part or any rule or
7-21 regulation promulgated pursuant to this part, he or she
7-22 shall deny the permit; otherwise, he or she shall issue
7-23 the permit, specifying on the permit the conditions under
7-24 which such activity shall be conducted; provided, however,
7-25 that a public hearing shall be held by the governing
7-26 authority of the county or municipality in which the
7-27 municipal solid waste or special solid waste handling
7-28 shall occur not less than two weeks prior to the issuance
7-29 of any permit under this Code section and notice of such
7-30 hearing shall be posted at the proposed site and
7-31 advertised in a newspaper of general circulation serving
7-32 the county or counties in which the proposed activity will
7-33 be conducted at least 30 days prior to such hearing.
7-34 (e)(c)(1) The director may suspend, modify, or revoke any
7-35 permit issued pursuant to this Code section if the holder
7-36 of the permit is found to be in violation of any of the
7-37 permit conditions or any order of the director or fails to
7-38 perform solid waste handling in accordance with this part
7-39 or rules promulgated under this part. The director may
7-40 modify any permit issued pursuant to this Code section in
7-41 accordance with rules promulgated by the board. All
7-42 modifications of existing permits shall be classified by
7-43 the board as either major or minor modifications. All
7-44 modifications of existing permits to allow vertical or
H. B. No. 148
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HB 148/AP
8- 1 horizontal expansion of existing disposal facilities,
8- 2 except a facility operated by a utility regulated by the
8- 3 Public Service Commission, shall be classified as major
8- 4 permit modifications and shall not be granted by the
8- 5 director sooner than three years from the date any such
8- 6 facility commenced operation; provided, however, that a
8- 7 permit may be modified by the director to allow a vertical
8- 8 or horizontal expansion one time within three years from
8- 9 the date the facility commenced operation so long as the
8-10 capacity of the facility is not increased more than 10
8-11 percent.
8-12 (2) Prior to the granting of any major modification of
8-13 an existing solid waste handling permit by the director,
8-14 a public hearing shall be held by the governing
8-15 authority of the county or municipality in which the
8-16 municipal solid waste facility or special solid waste
8-17 handling facility requesting the modification is located
8-18 not less than two weeks prior to the issuance of any
8-19 permit under this Code section and notice of such
8-20 hearing shall be posted at the site of such facility and
8-21 advertised in a newspaper of general circulation serving
8-22 the county or counties in which such facility is located
8-23 at least 30 days prior to such hearing.
8-24 (3) Except as otherwise provided in this part, major
8-25 modifications shall meet the siting and design standards
8-26 applicable to new permit applications in effect on the
8-27 date the modification is approved by the director;
8-28 provided, however, that a facility may be granted a
8-29 variance by the director from those standards when
8-30 vertically expanded unless such variance is inconsistent
8-31 with federal laws and regulations; provided, further,
8-32 that the director shall not grant a variance from the
8-33 provisions of subparagraph (B), (C), (D), or (E) of
8-34 paragraph (4) of this subsection.
8-35 (4) No vertical expansions shall be approved under this
8-36 subsection unless:
8-37 (A) The owner or operator demonstrates compliance with
8-38 all standards not varied by the director;
8-39 (B) The owner or operator has installed a surface and
8-40 ground-water monitoring system approved by the
8-41 division under currently promulgated rules and has
8-42 submitted the initial sampling results to the
8-43 division;
H. B. No. 148
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HB 148/AP
9- 1 (C) The owner or operator has implemented or installed
9- 2 a methane gas monitoring program or system approved by
9- 3 the division under currently promulgated rules and has
9- 4 submitted the initial sampling results to the
9- 5 division;
9- 6 (D) The owner or operator has a closure and
9- 7 postclosure care plan approved by the division under
9- 8 currently promulgated rules; and
9- 9 (E) Where noncompliance with the standards for surface
9-10 water, ground water, or methane gas has been
9-11 determined, the owner or operator has a schedule and
9-12 corrective action plan approved by the division for
9-13 returning the site to compliance within six months of
9-14 the director's approval of the corrective action plan.
9-15 If the owner or operator cannot demonstrate that the
9-16 site can be returned to compliance within said
9-17 six-month period, the director shall not issue a
9-18 permit to expand the site vertically but shall order
9-19 the facility to prepare a final closure plan,
9-20 including the cessation of waste receipt within six
9-21 months of the final effective date of the order. If
9-22 sufficient permitted capacity is not available to
9-23 allow orderly closure, the director may allow
9-24 operation of the facility under authority of the
9-25 closure order for a period not to exceed six months.
9-26 (5) Modifications for vertical expansions issued under
9-27 this Code section may be restricted in duration, but in
9-28 no case shall be effective beyond July 1, 1998, for
9-29 municipal solid waste landfills not having liners and
9-30 leachate collection systems.
9-31 (6) The owner or operator of any site not having a liner
9-32 and leachate collection system which is vertically
9-33 expanded and which subsequently fails to demonstrate
9-34 compliance with all applicable surface water,
9-35 ground-water, or methane gas standards shall demonstrate
9-36 to the satisfaction of the director, through a
9-37 corrective action plan, that the site has been or can be
9-38 returned to compliance within six months of the
9-39 director's approval of the corrective action plan. If
9-40 the owner or operator fails to demonstrate to the
9-41 satisfaction of the director that compliance has been
9-42 attained or can be attained, the director shall notify
9-43 the owner or operator, ordering cessation of the
9-44 acceptance of waste for disposal, remediation of
H. B. No. 148
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HB 148/AP
10- 1 noncompliance, and implementation of the final closure
10- 2 plan, to include a final date for closure.
10- 3 (f)(d) In the event of the modification, suspension,
10- 4 amendment, or revocation of a permit, the director shall
10- 5 serve written notice of such action on the permit holder
10- 6 and shall set forth in such notice the reason for such
10- 7 action.
10- 8 (g)(e) Prior to the issuance of any permit for a solid
10- 9 waste handling facility or the granting of any major
10-10 modification of an existing solid waste handling permit,
10-11 the director shall require written verification to be
10-12 furnished by the applicant that the proposed facility
10-13 complies with local zoning or land use ordinances, if any;
10-14 and after July 1, 1992, that the proposed facility is
10-15 consistent with the local, multijurisdictional, or
10-16 regional solid waste management plan developed in
10-17 accordance with standards promulgated pursuant to this
10-18 part subject to the provisions of Code Section 12-8-31.1.
10-19 Further, prior to the issuance of any permit or major
10-20 permit modification for a municipal solid waste disposal
10-21 facility, the applicant shall provide the director with
10-22 written verification and that the host jurisdiction and
10-23 all jurisdictions generating solid waste destined for the
10-24 applicants' facility can demonstrate that they, at the
10-25 time of application and during the operating life of the
10-26 facility, are part of an approved solid waste plan
10-27 developed in accordance with standards promulgated
10-28 pursuant to this part and are actively involved in and
10-29 have a strategy for meeting the July 1, 1998, state-wide
10-30 reduction goal provided by subsection (c) of Code Section
10-31 12-8-21 of waste reduction by July 1, 1996. Prior to the
10-32 issuance of any permit for a solid waste handling facility
10-33 or the granting of any major modification of an existing
10-34 solid waste handling permit that will handle solid waste
10-35 from jurisdictions outside Georgia, the out-of-state solid
10-36 waste generating jurisdictions shall provide documentation
10-37 that they have a strategy for and are actively involved in
10-38 meeting planning requirements and a waste reduction goal
10-39 that are substantially equivalent to the planning
10-40 requirements and waste reduction goal contained in this
10-41 part. As a condition of the issuance of a permit and for
10-42 the continued active life of such a facility, and before
10-43 the facility receives any municipal solid waste, the
10-44 director shall require the permit holder to submit written
10-45 verification that the jurisdiction in which the facility
H. B. No. 148
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HB 148/AP
11- 1 is located and all jurisdictions from which municipal
11- 2 solid waste are received are part of an approved solid
11- 3 waste plan and are actively involved in and have a
11- 4 strategy for meeting the July, 1, 1998, state-wide
11- 5 reduction goal provided by subsection (c) of Code Section
11- 6 12-8-21.
11- 7 (h)(f) No permit for a disposal facility shall be issued
11- 8 to any regional solid waste management authority created
11- 9 under Part 2 of this article, the 'Regional Solid Waste
11-10 Management Authorities Act,' until local and regional
11-11 solid waste management plans consistent with this part
11-12 have been developed for all jurisdictions participating in
11-13 such authority and such plans are found to be consistent
11-14 with the state solid waste management plan pursuant to
11-15 subsection (d) of Code Section 12-8-31.1.
11-16 (i)(g) No permit shall be issued for a new solid waste
11-17 thermal treatment technology facility unless the applicant
11-18 meets or exceeds standards adopted by the board which
11-19 shall be consistent with and at least as stringent as the
11-20 Federal New Source Performance Standards for new municipal
11-21 waste combustors outlined in regulations pursuant to the
11-22 federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as
11-23 amended, and 42 U.S.C. Section 7401, et seq., as amended.
11-24 (j)(h) The director or his the director's designee is
11-25 authorized to inspect any generator in Georgia to
11-26 determine whether that generator's solid waste is
11-27 acceptable for the intended handling facility. The
11-28 division may require any generator in Georgia to cease
11-29 offering solid waste for handling if such solid waste is
11-30 not acceptable under standards promulgated by the board,
11-31 and the division may prohibit the handling of such solid
11-32 waste until waste management procedures acceptable to the
11-33 division are developed. Such prohibition shall continue
11-34 in effect until the waste management procedure for
11-35 handling is approved in writing by the division. Any
11-36 generator or handler in Georgia which does not comply with
11-37 a prohibition made under this subsection shall be in
11-38 violation of this part.
11-39 (i) Landfills or portions of landfills which have had all
11-40 waste removed and which are subsequently proposed for
11-41 reuse as lined landfills shall be subject to the
11-42 requirements of this part relating to major modifications,
11-43 but such reuse shall not be considered a vertical
11-44 expansion.
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HB 148/AP
12- 1 (j) Unless otherwise expressly provided, any amendment of
12- 2 this part or to regulations promulgated pursuant to this
12- 3 part which impose permit conditions for the operation,
12- 4 closure, or postclosure care of any solid waste handling
12- 5 facility shall be applicable to all new facilities as well
12- 6 as to all similar existing permitted facilities.
12- 7 (k) The governing authority of any county, municipal
12- 8 corporation, authority, or special district or any
12- 9 combination of such public entities shall hold a public
12-10 hearing before entering into a contract with any private
12-11 entity for the lease, sale, or management of a landfill or
12-12 solid waste disposal facility owned or operated by such
12-13 public entity. Notice of such hearing shall be posted at
12-14 the site of the landfill or facility and shall be
12-15 advertised in a newspaper of general circulation in the
12-16 county or counties in which the landfill or facility is
12-17 located at least 30 days prior to the date of such
12-18 hearing."
SECTION 5.
12-19 Said chapter is further amended by striking in its entirety
12-20 Code Section 12-8-25.3, relating to restrictions on solid
12-21 waste landfill sites within significant ground-water
12-22 recharge areas or near military bombing ranges, and
12-23 inserting in lieu thereof the following:
12-24 "12-8-25.3. (Index)
12-25 (a) Notwithstanding the provisions of Code Section
12-26 12-8-25.2, no permit shall be issued for a municipal solid
12-27 waste landfill which accepts solid waste generated from
12-28 outside the county in which such landfill is located or,
12-29 in the case of a regional landfill, from outside any of
12-30 the counties or special districts empowered to engage in
12-31 solid waste management activities constituting such region
12-32 if any part of such site is within any area that has been
12-33 designated by the director as a significant ground-water
12-34 recharge area.
12-35 (b) In addition to the provisions of subsection (a) of
12-36 this Code section, in the case of a regional municipal
12-37 solid waste landfill where any part of such site is within
12-38 any area that has been designated by the director as a
12-39 significant ground-water recharge area, no permit shall be
12-40 issued for such regional landfill unless the boundaries of
12-41 the counties or special districts empowered to engage in
12-42 solid waste management activities are contiguous and such
H. B. No. 148
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HB 148/AP
13- 1 counties or special districts have entered into a joint
13- 2 contract for the collection and disposal of solid waste.
13- 3 (c)(a) No permit or modification of an existing permit
13- 4 shall be issued for land application of untreated
13- 5 municipal sewage sludge located in an area designated by
13- 6 Hydrologic Atlas 18 prepared by the Department of Natural
13- 7 Resources as a significant ground-water recharge area
13- 8 including, but not limited to, those areas designated as
13- 9 probable areas of thick soils.
13-10 (d)(b) Notwithstanding any other provision of law or any
13-11 administrative action, no No permit shall be issued for a
13-12 municipal solid waste landfill within two miles of a
13-13 federally restricted military air space which is used for
13-14 a bombing range. The provisions of this subsection shall
13-15 apply to all permit applications pending on or submitted
13-16 on or after the date this subsection becomes effective and
13-17 to all permits denied prior to such date which are the
13-18 subject of an appeal or judicial review pending on such
13-19 date.
13-20 (c) No permit shall be issued for a solid waste disposal
13-21 facility other than a permit-by-rule inert landfill or a
13-22 solid waste handling facility other than a material
13-23 recovery facility located within the boundaries of any
13-24 municipal corporation having a population of 1,500 or less
13-25 according to the United States decennial census of 1990 or
13-26 any future such census and which is not included in the
13-27 same regional solid waste plan or multijurisdictional
13-28 solid waste plan developed pursuant to Code Section
13-29 12-8-31.1 without the express approval of the governing
13-30 authority of each county encompassing any part of the
13-31 boundary of the municipality in which the facility is
13-32 proposed to be located. Such governing authority may
13-33 consider, without limitation, such factors as the impact
13-34 the proposed facility will have on the infrastructure,
13-35 health and welfare, economy, environment, and ecology of
13-36 the region. The provisions of this subsection shall apply
13-37 to all permit applications pending on or submitted on or
13-38 after the date this subsection becomes effective and shall
13-39 apply to all permits issued prior to such date, which
13-40 permits are the subject of an appeal or judicial review
13-41 and such appeal or judicial review is in process.
13-42 (d) No new permit shall be issued prior to July 1, 1998,
13-43 for a solid waste disposal facility other than a
13-44 permit-by-rule inert waste landfill or a private industry
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14- 1 solid waste disposal facility located within the
14- 2 boundaries of any municipal corporation existing within
14- 3 the boundaries of one or more counties which have enacted
14- 4 zoning ordinances unless such municipal corporation is
14- 5 included in a regional solid waste plan or
14- 6 multijurisdictional solid waste plan which also includes
14- 7 the county or counties in which the municipal corporation
14- 8 is located."
SECTION 6.
14- 9 Said chapter is further amended by striking in its entirety
14-10 Code Section 12-8-30.3, relating to the entry of judgments
14-11 in accordance with the order of the director of the
14-12 Environmental Protection Division of the Department of
14-13 Natural Resources, and inserting in lieu thereof the
14-14 following:
14-15 "12-8-30.3. (Index)
14-16 The director may file in the superior court of the county
14-17 wherein the person under order resides or, if such person
14-18 is a corporation, in the county wherein the corporation
14-19 maintains its principal place of business or, in any case,
14-20 in the county wherein the violation occurred or in which
14-21 jurisdiction is appropriate a certified copy of an
14-22 unappealed a final order of the director or of a final an
14-23 order of the administrative law judge unappealed from or
14-24 affirmed on appeal director affirmed upon appeal or
14-25 modified on any review or appeal from which no further
14-26 review is taken or allowed, whereupon such court shall
14-27 render judgment in accordance therewith and notify the
14-28 parties. Such judgment shall have the same effect, and
14-29 all proceedings in relation thereto shall thereafter be
14-30 the same, as though such judgment had been rendered in an
14-31 action duly heard and determined by such court."
SECTION 7.
14-32 Said chapter is further amended by striking in their
14-33 entirety subsections (e) and (f) of Code Section 12-8-31.1,
14-34 relating to local and regional solid waste plans, and
14-35 inserting in lieu thereof, respectively, the following:
14-36 "(e) After July 1, 1992, no permit, major permit
14-37 modification, grant, or loan shall be issued for any
14-38 publicly or privately owned municipal solid waste disposal
14-39 facility or any solid waste handling equipment or
14-40 recycling equipment used in conjunction therewith in a
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15- 1 county or region which is not consistent with a local,
15- 2 multijurisdictional, or regional solid waste management
15- 3 plan. Each application for a permit, grant, or loan
15- 4 issued submitted after July 1, 1992, shall include the
15- 5 following: (1) Certification that the facility for which a permit
15- 7 is sought complies with local land use and zoning
15- 8 requirements, if any;
15- 9 (2)(1) Verification that the facility for which a
15-10 permit, grant, or loan is sought meets the ten-year
15-11 capability and capacity needs identified in the approved
15-12 local, multijurisdictional, or regional solid waste
15-13 management plan; and
15-14 (3)(2) Demonstration that the host jurisdiction and all
15-15 jurisdictions generating solid waste destined for the
15-16 applicant's facility are part of an approved solid waste
15-17 management plan developed in accordance with standards
15-18 promulgated pursuant to this part, and are actively
15-19 involved in, and have a strategy for, meeting the July
15-20 1, 1998, state-wide waste reduction goal provided by
15-21 subsection (c) of Code Section 12-8-21 for reduction of
15-22 solid waste disposal by July 1, 1996.
15-23 (f) This Code section shall not apply to:
15-24 (1) Any solid waste disposal facility which is operated
15-25 exclusively by a private solid waste generator on
15-26 property owned by the private solid waste generator for
15-27 the purpose of accepting solid waste exclusively from
15-28 the private solid waste generator so long as the
15-29 operation of the solid waste disposal facility does not
15-30 adversely affect the public health or the environment.
15-31 After commencement of operation by a private solid waste
15-32 generator of a solid waste disposal facility which is
15-33 permitted but not included in a local or regional solid
15-34 waste management plan, an amendment into a local or
15-35 regional solid waste management plan shall be required
15-36 for any solid waste which is to be no longer disposed of
15-37 by the private solid waste generator in its own solid
15-38 waste disposal facility prior to any substantial
15-39 reduction in the amount of solid waste accepted by the
15-40 solid waste disposal facility or its closure; or
15-41 (2) Effective September 1, 1994, any privately owned
15-42 solid waste handling facility seeking a permit or major
15-43 modification of an existing permit where the host local
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16- 1 governing authority has failed either to submit or make
16- 2 a good faith effort, as determined by the Department of
16- 3 Community Affairs, to submit a local solid waste
16- 4 management plan or to be included in a
16- 5 multijurisdictional or regional solid waste management
16- 6 plan; provided, however, that the permit applicant and
16- 7 permit recipient, as appropriate, continues continue to
16- 8 be obligated to demonstrate that all generating
16- 9 jurisdictions from which waste will be received at the
16-10 time of the application and during the operating life of
16-11 the facility are part of an approved solid waste
16-12 management plan developed in accordance with standards
16-13 promulgated pursuant to this part and have a strategy to
16-14 meet and are actively engaged in meeting the July 1,
16-15 1998, state-wide waste reduction goal provided by
16-16 subsection (c) of Code Section 12-8-21 of reducing waste
16-17 by 25 percent by July 1, 1996.; or
16-18 (3) Any biomedical waste thermal treatment technology
16-19 facility."
SECTION 8.
16-20 Said chapter is further amended by striking in its entirety
16-21 Code Section 12-8-32, relating to permits for regional solid
16-22 waste disposal facilities, and inserting in lieu thereof the
16-23 following:
16-24 "12-8-32. (Index)
16-25 (a) Prior to submission of an application to the division
16-26 for a permit for a regional solid waste disposal facility,
16-27 conflicts as defined in Articles 1 and 2 of Chapter 8 of
16-28 Title 50 shall follow the mediation procedures developed
16-29 by the Department of Community Affairs pursuant to
16-30 Articles 1 and 2 of Chapter 8 of Title 50. Upon the
16-31 submission of any application to the division for any
16-32 municipal solid waste disposal facility for which a permit
16-33 other than a permit by rule is required by the division,
16-34 the permit applicant shall within 15 days of the date of
16-35 submission of the application publicize the submission by
16-36 public notice and in writing as follows:
16-37 (1) If the application is for a facility serving no more
16-38 than one county, the public notice shall be published in
16-39 a newspaper of general circulation serving the host
16-40 county, and each local government in the county and the
16-41 regional development center shall further be notified in
16-42 writing of the permit application;
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17- 1 (2) If the application is for a facility serving more
17- 2 than one county, the public notice shall be published in
17- 3 a newspaper of general circulation serving each affected
17- 4 county, and each local government within said counties
17- 5 and the regional development center shall be further
17- 6 notified in writing of the permit application; and
17- 7 (3) The public notice shall be prominently displayed in
17- 8 the courthouse of each notified county.
17- 9 (b) The division shall review the application and
17-10 supporting data, make a determination as to the
17-11 suitability or unsuitability of the proposed site for the
17-12 intended purpose, and notify the applicant and the host
17-13 local government if different from the applicant in
17-14 writing of its determination.
17-15 (c) Upon receipt from the division of notice that the
17-16 proposed site is suitable for the intended purpose, the
17-17 applicant shall within 15 days of receipt of such
17-18 notification, notify the Department of Community Affairs
17-19 and publicize the fact by public notice as outlined in
17-20 paragraphs (1), (2), and (3) of subsection (a) of this
17-21 Code section. Further, within 45 days of receipt of such
17-22 notification from the division, the host local government
17-23 for the proposed site shall as outlined in paragraphs (1),
17-24 (2), and (3) of subsection (a) of this Code section
17-25 advertise and hold a public meeting to inform affected
17-26 residents and landowners in the area of the proposed site
17-27 and of the opportunity to engage in a facility issues
17-28 negotiation process.
17-29 (d) Following notification of the applicant of the
17-30 proposed site's suitability, the division may continue to
17-31 review the applicant's permit application but the director
17-32 shall not take any action with respect to permit issuance
17-33 or denial until such time as the local notification and
17-34 negotiation processes described in this Code section have
17-35 been exhausted.
17-36 (e) The division shall not be a party to the negotiation
17-37 process described in this Code section, nor shall
17-38 technical environmental issues which are required by law
17-39 and rules to be addressed in the permitting process be
17-40 considered negotiable items by parties to the negotiation
17-41 process.
17-42 (f)(1) Within 30 days following a public meeting held in
17-43 accordance with subsection (c) of this Code section, a
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18- 1 facility issues negotiation process shall be initiated
18- 2 by the host local government, upon receipt of a written
18- 3 petition by at least 25 affected persons, at least 20 of
18- 4 whom shall be registered voters of or landowners in the
18- 5 host jurisdiction, shall initiate a facility issues
18- 6 negotiation process. Multiple petitions may be
18- 7 consolidated into a single negotiating process. For the
18- 8 purposes of this subsection, the term 'affected person'
18- 9 means a registered voter of the host local government or
18-10 of a county contiguous to such host local government or
18-11 a landowner within the jurisdiction of the host local
18-12 government.
18-13 (2) The Department of Community Affairs shall assist the
18-14 host government, citizen petitioners, and permit
18-15 applicant in organizing the facility issues negotiation
18-16 process provided in paragraph (1) of this subsection by
18-17 providing information and facilitating support during
18-18 the prenegotiation phase of the process as needed and at
18-19 the discretion of the department and the host
18-20 government.
18-21 (g) Within 15 days following receipt of such written
18-22 petition, the host local government shall validate the
18-23 petition to ensure that the petitioners meet the
18-24 requirements of this Code section.
18-25 (h) Within 15 30 days following the validation of the
18-26 written petition to negotiate, the host local government
18-27 shall notify the petitioners by publication as provided in
18-28 paragraphs (1), (2), and (3) of subsection (a) of this
18-29 Code section; shall notify the permit applicant if
18-30 different from the host local government, the division,
18-31 the Department of Community Affairs, and the regional
18-32 development center that the negotiation process is being
18-33 initiated; and shall set a date for a meeting with the
18-34 citizens facility issues committee, the host local
18-35 government, and the permit applicant not later than 30
18-36 days following validation of such written petition to
18-37 negotiate.
18-38 (i) The petitioning persons shall select up to ten
18-39 members, at least eight of whom shall be registered voters
18-40 or landowners in the host local government, to serve on a
18-41 citizens facility issues committee to represent them in
18-42 the negotiation process. The membership of the citizens
18-43 facility issues committee shall be chosen within 15 30
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19- 1 days following the validation of such written petition
19- 2 pursuant to this Code section.
19- 3 (j) The negotiation process shall be overseen by a
19- 4 facilitator mediator named by the host local government,
19- 5 after consultation with the citizens facility issues
19- 6 committee, from a list provided by the Department of
19- 7 Community Affairs. The mediator shall be selected within
19- 8 30 days of the validation of the petition. The function
19- 9 of the facilitator mediator shall be to assist the
19-10 petitioners, the host local government, and the permit
19-11 applicant, if different from the host local government,
19-12 through the negotiation process. Such assistance shall
19-13 include both the facilitation of negotiation and the
19-14 active mediation of disputes between such meetings. The
19-15 cost, if any, of the facilitator mediator shall be borne
19-16 by the permit applicant.
19-17 (k) Beginning with the date of the first negotiation
19-18 meeting called in accordance with subsection (h) of this
19-19 Code section, there shall be no fewer than three
19-20 negotiation meetings within the following 45 day period;
19-21 provided, however, that the mediator may approve fewer
19-22 than three meetings or an extension of the 45 day period
19-23 provided by subsection (h) of this Code section if all
19-24 participants to the facility issues negotiation process
19-25 agree unless waived by consent of the parties. Such
19-26 negotiation meetings shall be presided over by the
19-27 facilitator mediator named in subsection (j) of this Code
19-28 section and shall be for the purpose of assisting the
19-29 petitioners, the host local government, and the permit
N applicant, if different from the host local government, to
19-31 engage in nonbinding negotiation.
19-32 (l) Minutes of each meeting and a record of the
19-33 negotiation process shall be kept by the host local
19-34 government. The mediator shall keep a record of the
19-35 negotiation process and shall produce a summary of the
19-36 meeting report for each meeting. The mediator shall
19-37 provide the Department of Community Affairs, the host
19-38 government, the chairperson of the citizens facility
19-39 issues committee, and the permit applicant, if different
19-40 from the local host government, with copies of the summary
19-41 of the meeting report for each meeting within ten days of
19-42 the meeting.
19-43 (m) All issues except those which apply to environmental
19-44 permit conditions are negotiable. Environmental permit
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20- 1 conditions are not negotiable. Issues which may be
20- 2 negotiated include but are not limited to:
20- 3 (1) Operational issues, such as hours of operation;
20- 4 (2) Recycling efforts that may be implemented;
20- 5 (3) Protection of property values;
20- 6 (4) Traffic routing and road maintenance; and
20- 7 (5) Establishment of local advisory committees.
20- 8 (n) At Within 15 days of the end of the 45 day period
20- 9 following the first negotiation meeting or at the end of
20-10 such extension of time as the participants have agreed
20-11 upon, the facilitator mediator shall provide the
20-12 Department of Community Affairs with a notice of the
20-13 results and shall publish a notice of the results, if any,
20-14 of the negotiation process in the same manner as provided
20-15 in paragraphs (1), (2), and (3) of subsection (a) of this
20-16 Code section and shall include the date, time, and place
20-17 of a public meeting to be held within ten days after
20-18 publication at which the input of persons not represented
20-19 by the citizens facility issues committee may be received.
20-20 (o) The negotiated concessions reached by the negotiating
20-21 parties shall be reduced to writing and executed by the
20-22 chairman chairperson of the citizens facility issues
20-23 committee, and the chief elected official of the host
20-24 local government, and the permit applicant, if different
20-25 from the local host government, and shall be adopted by
20-26 resolution of the host local government.
20-27 (p) If the negotiating parties fail to reach consensus on
20-28 any issue or issues, the permit applicant may nonetheless
20-29 proceed to seek a permit from the division. The
20-30 facilitator mediator shall notify the division and the
20-31 Department of Community Affairs in writing that the
20-32 negotiating parties have failed to reach consensus.
20-33 (q) If the negotiating parties reach consensus on
20-34 negotiated issues, the permit applicant may proceed to
20-35 seek a permit from the division. The facilitator mediator
20-36 shall notify the division and the Department of Community
20-37 Affairs in writing that the negotiating parties have
20-38 reached consensus.
20-39 (r) Negotiated concessions shall not be construed as
20-40 environmental permit conditions.
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N (s) Upon receipt of a written notification from the
21- 2 facilitator mediator that the parties to negotiation have
21- 3 reached consensus or have failed to reach consensus on
21- 4 negotiated issues, and upon written notification from the
21- 5 permit applicant that he or she wishes to pursue
21- 6 permitting of the solid waste disposal facility for which
21- 7 an application has been filed, the director shall proceed
21- 8 to process the permit in accordance with Code Section
21- 9 12-8-24."
SECTION 9.
21-10 Said chapter is further amended by striking in its entirety
21-11 Code Section 12-8-33, relating to the Recycling Market
21-12 Development Council, which reads as follows:
21-13 "12-8-33. (Index)
21-14 (a) Effective July 1, 1990, there is created a 15 member
21-15 Recycling Market Development Council to be appointed as
21-16 follows:
21-17 (1) Seven members appointed by the Governor representing
21-18 the paper, glass, aluminum, plastic, and ferrous and
21-19 nonferrous metals industries and trade associations
21-20 which are active in recycling;
21-21 (2) One member who is an elected or appointed municipal
21-22 official to be appointed by the Governor;
21-23 (3) One member who is an elected or appointed member of
21-24 a county governing authority to be appointed by the
21-25 Governor;
21-26 (4) One member appointed by the Speaker of the House of
21-27 Representatives;
21-28 (5) One member appointed by the Lieutenant Governor; and
21-29 (6) One representative each from the Department of
21-30 Administrative Services; the Department of Industry,
21-31 Trade, and Tourism; the Department of Community Affairs;
21-32 and the Department of Natural Resources.
21-33 (b) The council shall meet as necessary and shall
21-34 determine what actions, if any, are needed to facilitate
21-35 the development and expansion of markets for recovered
21-36 materials in Georgia and shall prepare an annual report
21-37 with recommendations to the Governor and General Assembly.
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22- 1 (c) The council shall function for a period of five years
22- 2 from its establishment, at which time it shall either be
22- 3 reauthorized or shall stand abolished.",
22- 4 and inserting in lieu thereof the following:
22- 5 "12-8-33. (Index)
22- 6 (a) There is created the Intergovernmental Solid Waste
22- 7 Coordinating Council to be chaired by the director or his
22- 8 or her designee and composed of representatives from
22- 9 departments and agencies within state government which
22-10 have responsibilities or activities relating to solid
22-11 waste as well as representatives from county and municipal
22-12 governing authorities. The council shall be responsible
22-13 for coordinating the activities of state and local
22-14 governments responsible for implementing the provisions of
22-15 this part and shall serve as a forum for sharing
22-16 information and mobilizing the state's resources to
22-17 achieve more effective solid waste management. The
22-18 council shall meet upon the call of the chairperson.
22-19 (b) The Recycling Market Development Council created on
22-20 July 1, 1990, shall stand abolished on July 1, 1996."
SECTION 10.
22-21 Said chapter is further amended by striking in its entirety
22-22 subsection (c) of Code Section 12-8-37.1, relating to the
22-23 authorization of certain state grants to local governing
22-24 authorities, and inserting in lieu thereof the following:
22-25 "(c) The corpus of the solid waste trust fund established
22-26 in Code Section 12-8-27.1 may be used to make grants and
22-27 loans to cities and counties, any combination of cities
22-28 and counties, authorities, and state agencies, or the
22-29 Georgia Recycling Market Development Council for the
22-30 cleanup of solid waste disposal facilities, including
22-31 those used for the disposal of scrap tires; for the
22-32 development and implementation of solid waste enforcement
22-33 programs for the abatement of illegal dumping of solid
22-34 waste; for the funding of grants or loans, in accordance
22-35 with procedures developed by the division; for the
22-36 implementation of innovative technologies for the
22-37 recycling and reuse of solid waste recovered materials,
22-38 including without limitation scrap tires; and for
22-39 educational and other efforts to promote waste reduction,
22-40 recycling, and recycling market development. Ten percent
22-41 of the funds appropriated by the General Assembly for the
H. B. No. 148
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23- 1 solid waste trust fund on an annual basis shall be
23- 2 transferred to the Department of Community Affairs to
23- 3 assist that department in the implementation of solid
23- 4 waste education, recycling, and waste reduction efforts as
23- 5 provided by Code Section 50-8-7.3."
SECTION 11.
23- 6 Said chapter is further amended by striking in its entirety
23- 7 subsection (a) of Code Section 12-8-39.3, relating to the
23- 8 collection of taxes, fees, and assessments, and inserting in
23- 9 lieu thereof the following:
23-10 "(a) Any city, county, or authority which operates a solid
23-11 waste handling facility or provides solid waste collection
23-12 services or both and which levies and collects taxes,
23-13 fees, or assessments to accomplish the purposes of this
23-14 part shall be further authorized to enforce by ordinance
23-15 or resolution the collection of taxes, fees, or
23-16 assessments due a city, county, or authority in the same
23-17 manner as authorized by law for the enforcement of the
23-18 collection and payment of state taxes, fees, or
23-19 assessments. Any such ordinance or resolution enacted by a
23-20 county governing authority with concurrence of the tax
23-21 commissioner or tax collector of such county may provide
23-22 that said officer the tax commissioner or tax collector of
23-23 such county shall be the officer charged with the
23-24 enforcement of its provisions."
SECTION 12.
23-25 Said chapter is further amended by striking in its entirety
23-26 subparagraph (5) of subsection (i) of Code Section
23-27 12-8-40.1, relating to tire disposal restrictions, and
23-28 inserting in lieu thereof the following:
23-29 "(5) The division may bring an action or proceeding
23-30 against the property owner or the person having
23-31 possession, care, custody, or control of the scrap tires
23-32 or other scrap tire materials to enforce the corrective
23-33 action order issued under Code Section 12-8-30 and
23-34 recover any reasonable and necessary expenses incurred
23-35 by the division for corrective action, including
23-36 administrative and legal expenses. The division's
23-37 certification of expenses shall be prima-facie evidence
23-38 that the expenses are reasonable and necessary.
23-39 Notwithstanding any other provision of this subsection,
23-40 any generator of scrap tires who is identified as being
23-41 a contributor to the materials which are the object of
H. B. No. 148
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24- 1 the abatement and who can document that he or she has
24- 2 fully complied with this part and all rules promulgated
24- 3 pursuant to this part in disposing of his or her scrap
24- 4 tires shall not be liable for any of the cost recovery
24- 5 actions of the abatement."
24- 6 SECTION 12.1.
24- 7 Said chapter is further amended by inserting immediately
24- 8 following Code Section 12-8-59.1 a new Code section to read
24- 9 as follows:
24-10 "12-8-59.2. (Index)
24-11 (a) As used in this Code section, the term 'project' shall
24-12 mean any interest of the authority in a project as
24-13 otherwise defined in this part.
24-14 (b) The governing body of any unit of local government
24-15 which has authorized the functioning of an authority
24-16 pursuant to Code Section 12-8-53 may by proper resolution
24-17 or ordinance declare that there is no need for such
24-18 authority to function in the county or municipal
24-19 corporation. Upon such declaration by all units of local
24-20 government which previously authorized the activation of
24-21 the authority, and compliance by such units of local
24-22 government with the provisions of subsection (c) of this
24-23 Code section, the authority shall cease to transact any
24-24 business or exercise any powers inconsistent with the
24-25 winding up of its affairs.
24-26 (c) No resolutions or ordinances of units of local
24-27 government declaring the functioning of a previously
24-28 activated authority to be unnecessary shall be of any
24-29 force and effect until:
24-30 (1) In the case of an authority having outstanding notes
24-31 or bonds:
24-32 (A) Said notes or bonds have been paid or retired
24-33 according to their terms or acquired by such units of
24-34 local government; or
24-35 (B) Appropriate contractual arrangements have been
24-36 made by such units of local government to lease or
24-37 purchase the authority's projects, or to arrange to
24-38 have the authority's projects leased or purchased by
24-39 others, consistent with the terms of said notes or
24-40 bonds on such terms as will together with any existing
24-41 debt service reserves held by the authority provide
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25- 1 for the payment of the principal and interest on said
25- 2 notes or bonds; and
25- 3 (C) Appropriate arrangements have been made by such
25- 4 units of local government, or in the case of
25- 5 authorities activated pursuant to subsection (b) of
25- 6 Code Section 12-8-53, appropriate contractual and
25- 7 other arrangements have been made by, among, and
25- 8 between all units of local government which previously
25- 9 authorized the activation of the authority:
25-10 (i) To hold, operate, or dispose of all assets or
25-11 projects of the authority in the case of the
25-12 transfer of such assets and projects by the
25-13 authority to such units of local government, but
25-14 nothing in this Code section shall require the
25-15 continued operation of any project by such units of
25-16 local government;
25-17 (ii) To assume or satisfy, or arrange to have
25-18 assumed or satisfied, all contracts, leases,
25-19 agreements, or obligations previously entered into
25-20 or incurred by the authority with respect to the
25-21 acquisition or operation of such assets or projects,
25-22 consistent with the terms thereof, other than notes
25-23 or bonds, but nothing in this Code section shall
25-24 require the renewal, continuation beyond its terms,
25-25 or extension of any such contract, lease, agreement,
25-26 or obligation; and
25-27 (iii) To make provision, by creation of a reserve
25-28 fund or otherwise, for residual obligations which
25-29 may from time to time arise during the period of
25-30 winding up of the affairs of the authority pursuant
25-31 to subsection (d) of this Code section; or
25-32 (2) In the case of an authority having no outstanding
25-33 notes or bonds, there has been compliance with the terms
25-34 of subparagraph (C) of paragraph (1) of this subsection.
25-35 (d)(1) Upon compliance by all units of local government
25-36 which previously authorized the activation of the
25-37 authority with subsections (b) and (c) of this Code
25-38 section, the board of directors of the authority shall
25-39 cause to be transferred to such units of local
25-40 government, at such a time and on such reasonable terms
25-41 and conditions as may be agreed to between the authority
25-42 and such units of local government and subject to the
25-43 arrangements made under and the provisions of subsection
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26- 1 (c) of this Code section, the assets, projects,
26- 2 contracts, leases, agreements, and obligations of the
26- 3 authority. The board of directors of any such authority
26- 4 shall take all steps necessary or convenient to carry
26- 5 out the provisions of this Code section consistent with
26- 6 the benefit of the public.
26- 7 (2) The board of directors of the authority shall
26- 8 continue in existence for a period of time sufficient
26- 9 for the orderly winding up of the affairs of the
26-10 authority and, in the case of an authority having
26-11 outstanding notes or bonds, for a reasonable period of
26-12 time after such notes or bonds have been paid or retired
26-13 and may exercise any power usually possessed by private
26-14 corporations of this state in the process of winding up
26-15 their affairs not in conflict with the Constitution or
26-16 laws of this state. In the course of such winding up,
26-17 the board of directors shall have access to any funds
26-18 made available pursuant to division (c)(1)(C)(iii) of
26-19 this Code section but shall exercise control over such
26-20 funds as fiduciaries, shall disburse such funds only for
26-21 purposes appropriate to the winding up of the affairs of
26-22 the authority, and shall account for any remainder of
26-23 such funds to the units of local government which
26-24 authorized the activation of the authority.
26-25 (3) Upon the completion of the process of winding up of
26-26 the affairs of the authority, the board of directors
26-27 shall relinquish control of any remaining funds made
26-28 available pursuant to division (c)(1)(C)(iii) of this
26-29 Code section to the units of local government which
26-30 authorized the activation of the authority and by
26-31 resolution dissolve itself, whereupon such authority
26-32 shall become dormant but may be reactivated by
26-33 compliance with Code Section 12-8-53."
SECTION 13.
26-34 Said chapter is further amended by inserting at the end of
26-35 Code Section 12-8-180, relating to definitions relative to
26-36 the Pollution Prevention Assistance Division of the
26-37 Department of Natural Resources, two new paragraphs to read
26-38 as follows:
26-39 "(6) 'Pollution prevention' means the use of materials,
26-40 natural resources, energy, processes, and practices
26-41 which reduce or eliminate the creation of pollutants or
26-42 wastes at the source. Such term shall include, without
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27- 1 limitation, inventory management and purchasing
27- 2 procedures, process modifications, housekeeping and
27- 3 efficient operating practices, material substitutions,
27- 4 redesign of product pollution prevention education and
27- 5 outreach, and in-process recycling.
27- 6 (7) 'Waste minimization' means pollution prevention and
27- 7 off-process recycling including, without limitation,
27- 8 use, reuse, and reclamation."
SECTION 14.
27- 9 Said chapter is further amended by inserting at the end of
27-10 Code Section 12-8-182, relating to certain responsibilities
27-11 and duties of the Pollution Prevention Assistance Division
27-12 of the Department of Natural Resources and related matters,
27-13 a new subsection to read as follows:
27-14 "(e) The division shall serve as the lead entity for
27-15 developing and providing activities and assistance
27-16 programs, except those related to municipal solid waste,
27-17 designed to effect emission reduction, minimization of
27-18 solid waste and hazardous waste in industrial and business
27-19 operations, and the reduction of household hazardous
27-20 waste."
SECTION 15.
27-21 Said chapter is further amended by striking in its entirety
27-22 of Code Section 12-8-183, relating to pollution prevention
27-23 assistance plans, and inserting in lieu thereof the
27-24 following:
27-25 "12-8-183. (Index)
27-26 (a) Not later than October 1, 1994 1996, the division
27-27 shall complete a pollution prevention assistance plan to
27-28 achieve voluntary participation by businesses and
27-29 industries and the general public within the state in
27-30 programs and activities designed to reduce and prevent the
27-31 pollution of the environment by the products, and
27-32 by-products, and waste of such businesses, and industries,
27-33 and, where hazardous household waste is involved, the
27-34 general public and to promote recycling of such products,
27-35 by-products, and waste. The plan shall establish the
27-36 objectives of the division and address such matters as the
27-37 division deems appropriate.
27-38 (b) The division shall publish the plan developed pursuant
27-39 to subsection (a) of this Code section for public comment
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28- 1 and shall send a copy of the plan to the board, the
28- 2 Governor, the Speaker of the House of Representatives, and
28- 3 the President of the Senate for comment. The division
28- 4 shall seek and encourage public comment on the plan and
28- 5 shall document and consider such comments.
28- 6 (c) The division shall present a final plan to the
28- 7 commissioner within 60 days after publication for public
28- 8 comment. If the commissioner approves, the division shall
28- 9 implement the plan. The plan may be amended from time to
28-10 time as required or appropriate, after public notice and
N comment.
28-12 (d) In implementing the plan pursuant to subsection (a) of
28-13 this Code section, the division shall have the power and
28-14 duties:
28-15 (1) To enter into such contracts as may be necessary and
28-16 appropriate to implement the plan;
28-17 (2) To conduct investigations, analyses, and inspections
28-18 in the implementation of the plan;
28-19 (3) To encourage, participate in, and conduct studies,
28-20 reviews, and investigations relating to the
28-21 implementation of the plan;
28-22 (4) To accept, receive, administer, and disburse grants
28-23 from public or private sources for the purpose of
28-24 implementing the plan; and
28-25 (5) To exercise all incidental powers necessary to
28-26 implement the plan."
SECTION 16.
28-27 Article 1 of Chapter 8 of Title 50 of the Official Code of
28-28 Georgia Annotated, relating to general provisions relative
28-29 to the Department of Community Affairs, is amended by
28-30 striking in its entirety Code Section 50-8-7.3, relating to
28-31 solid waste management education and related matters, which
28-32 reads as follows:
28-33 "50-8-7.3. (Index)
28-34 The department shall perform the duties, responsibilities,
28-35 and functions and may exercise the power and authority
28-36 described in this Code section. The department shall
28-37 establish a solid waste management education program in
28-38 the state. Such program shall include, but not be limited
28-39 to, the following:
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29- 1 (1)(A) The establishment of a Georgia Clean and
29- 2 Beautiful Advisory Committee that shall assist the
29- 3 department in developing, coordinating, and
29- 4 implementing efforts to educate the citizens of the
29- 5 state on methods of solid waste management.
29- 6 (B) The advisory committee shall consist of no more
29- 7 than 30 members, who shall be appointed by the
29- 8 Governor and be representative of state and local
29- 9 government; business and industry; community,
29-10 environmental, and civic organizations; the news
29-11 media; educators; and other areas as the Governor may
29-12 deem appropriate.
29-13 (C) Members of the advisory committee are authorized
29-14 to receive reimbursement for actual expenses incurred
29-15 in the performance of their duties from such funds as
29-16 may be appropriated for such purposes and within such
29-17 limits as may be established by the department; and
29-18 (2)(A) The establishment of an Interagency Council on
29-19 Solid Waste Management that shall be chaired by the
29-20 commissioner and shall consist of representatives from
29-21 departments and agencies within state government that
29-22 have responsibilities or activities relating to solid
29-23 waste.
29-24 (B) The council shall serve as a forum for gathering
29-25 and sharing information on solid waste management as
29-26 well as for developing and initiating activities
29-27 within state government relating to solid waste
29-28 management and shall provide advice and assistance to
29-29 the Georgia Clean and Beautiful Advisory Committee and
29-30 its educational programs.",
29-31 and inserting in lieu thereof the following:
29-32 "50-8-7.3. (Index)
29-33 (a) The department shall serve as the lead state agency
29-34 with regard to recycling, waste reduction, and education
29-35 efforts relating to municipal solid waste; provided,
29-36 however, that such authority shall not extend to hazardous
29-37 waste. The authority provided in this Code section shall
29-38 include, but shall not be limited to:
29-39 (1) Overseeing matters relating to education activities
29-40 relative to municipal solid waste reduction;
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30- 1 (2) Promoting activities and programs which will help
30- 2 the state achieve its solid waste reduction goal
30- 3 including, without limitation, citizen education,
30- 4 recycling and composting education programs, recycling
30- 5 market development, intergovernmental and regional
30- 6 cooperation, local government technical assistance,
30- 7 solid waste management training, solid waste planning,
30- 8 and litter control; and
30- 9 (3) Implementing the Georgia Clean and Beautiful
30-10 program.
30-11 (b) The commissioner shall establish an advisory council
30-12 to assist the department in developing, coordinating, and
30-13 implementing efforts to promote effective municipal solid
30-14 waste education, recycling, and waste reduction and other
30-15 activities provided for in subsection (a) of this Code
30-16 section. The department shall provide staff assistance
30-17 for the council. The council shall consist of 21 members
30-18 appointed by the commissioner, each serving a two-year
30-19 term. The commissioner shall select councilmembers in
30-20 such a manner as to represent a broad range of interests
30-21 including, but not limited to, state agencies; local
30-22 governments; waste collection, handling, and disposal
30-23 industries; reuse and recycling industries; composting
30-24 industries; waste exchange programs; the Georgia Clean and
30-25 Beautiful program; environmental groups; businesses; and
30-26 private citizens. The council shall meet on the call of
30-27 the commissioner and the members shall receive the same
30-28 per diem expense allowance as that received by members of
30-29 the General Assembly for each day a councilmember is in
30-30 attendance at a meeting of the council or a subcommittee
30-31 of the council, plus reimbursements for actual
30-32 transportation expenses incurred while traveling by public
30-33 carrier or the mileage allowance authorized for state
30-34 officials and employees for use of a personal automobile
30-35 in connection with such attendance. Such per diem and
30-36 reimbursement for transportation expenses shall be paid in
30-37 lieu of any other per diem, allowances, remuneration, or
30-38 compensation. The council as a whole or a committee of
30-39 the council shall serve as the state advisory committee
30-40 for the Georgia Clean and Beautiful program.
30-41 (c) Activities of the department relative to municipal
30-42 solid waste education, recycling of recovered materials,
30-43 and waste reduction may be funded from the funds
30-44 appropriated to the solid waste trust fund as provided in
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31- 1 Code Section 12-8-37.1. Such funds may be utilized by the
31- 2 department to cover staffing and operating expenses for
31- 3 municipal solid waste education, recycling, and waste
31- 4 reduction efforts including per diem and reimbursement of
31- 5 travel expenses for council members."
SECTION 17.
31- 6 This Act shall become effective upon its approval by the
31- 7 Governor or upon its becoming law without such approval.
SECTION 18.
31- 8 All laws and parts of laws in conflict with this Act are
31- 9 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97