Georgia House of Representatives - 1995/1996 Sessions

HB 158 - Solid waste facilities; certain counties; approval

Page Numbers - 1/ 2

1. Jones  71st            2. O'Neal  75th            3. Wall  82nd
4. Henson  65th


House Comm: NatR       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
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Code Sections amended: 12-8-24                                                                      


HB 158                                            LC 21 3010






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 12-8-24 of the Official Code of
  1- 2  Georgia Annotated, relating to permits for solid waste or
  1- 3  special solid waste handling, disposal, or thermal treatment
  1- 4  technology facilities, so as to provide that no permit for
  1- 5  the construction of or major modification to any such
  1- 6  facility located in certain counties shall be issued unless
  1- 7  approved by the governing authority of the political
  1- 8  subdivision in which such facility is located and ratified
  1- 9  by the electors of such political subdivision; to repeal
  1-10  conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Code Section 12-8-24 of the Official Code of Georgia
  1-13  Annotated, relating to permits for solid waste or special
  1-14  solid waste handling, disposal, or thermal treatment
  1-15  technology facilities, is amended by striking subsection (g)
  1-16  in its entirety and inserting in lieu thereof the following:

  1-17      "(g) (1) Prior to the issuance of any permit for a solid
  1-18      waste handling facility or the granting of any major
  1-19      modification of an existing solid waste handling permit,
  1-20      the director shall require written verification to be
  1-21      furnished by the applicant that:

  1-22        (A) That the proposed facility complies with local
  1-23        zoning or land use ordinances, if any;

  1-24        (B) After and after July 1, 1992, that the proposed
  1-25        facility is consistent with the local,
  1-26        multijurisdictional, or regional solid waste
  1-27        management plan developed in accordance with standards
  1-28        promulgated pursuant to this part subject to the
  1-29        provisions of Code Section 12-8-31.1 and that the host
  1-30        jurisdiction and all jurisdictions generating solid
  1-31        waste destined for the applicants' facility can
  1-32        demonstrate that they are part of an approved solid
  1-33        waste plan developed in accordance with standards


                                 -1- (Index)

                                                  LC 21 3010

  2- 1        promulgated pursuant to this part and are actively
  2- 2        involved in and have a strategy for meeting the
  2- 3        state-wide goal of waste reduction by July 1, 1996;
  2- 4        and

  2- 5        (C) After July 1, 1994, that the construction of or
  2- 6        major modification to any such facility, other than a
  2- 7        publicly owned facility, located in a county having a
  2- 8        population of 350,000 or more according to the United
  2- 9        States decennial census of 1990 or any future such
  2-10        census was approved by the governing authority of each
  2-11        political subdivision in which such facility is wholly
  2-12        or partially located and that such approval was
  2-13        ratified by a majority of the electors of such
  2-14        political subdivision voting on the question in a
  2-15        referendum at the next municipal or general election
  2-16        held after the date of such approval.

  2-17      (2) Prior to the issuance of any permit for a solid
  2-18      waste handling facility or the granting of any major
  2-19      modification of an existing solid waste handling permit
  2-20      that will handle solid waste from jurisdictions outside
  2-21      Georgia, the out-of-state solid waste generating
  2-22      jurisdictions shall provide documentation that they have
  2-23      a strategy for and are actively involved in meeting
  2-24      planning requirements and a waste reduction goal that
  2-25      are substantially equivalent to the planning
  2-26      requirements and waste reduction goal contained in this
  2-27      part."

                         SECTION 2.

  2-28  All laws and parts of laws in conflict with this Act are
  2-29  repealed.
















                                 -2- (Index)