SB 56 - Dry Cleaners - funding for cert. investigations
Georgia Senate - 1995/1996 Sessions
SB 56 - Dry Cleaners - funding for cert. investigations
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
1. Kemp 3rd 2. Johnson 1st 3. Boshears 6th
Senate Comm: Nat R / House Comm: /
Senate Vote: Yeas Nays
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Senate Action House
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1/12/95 Read 1st time
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Code Sections amended:
SB 56 LC 10 0973
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 12 of the Official Code of Georgia Annotated,
1- 2 relating to conservation and natural resources, so as to
1- 3 provide a source of funding and procedures for site
1- 4 investigation, engineering, and cleanup in cases where
1- 5 solvents used by dry cleaners may contaminate the
1- 6 environment; to provide for declaration of policy and
1- 7 legislative intent; to define certain terms; to provide for
1- 8 powers and duties of the Board of Natural Resources; to
1- 9 provide for powers and duties of the director of the
1-10 Environmental Protection Division of the Department of
1-11 Natural Resources; to provide for investigations; to provide
1-12 for the creation of the Dry Cleaning No-fault Cleanup Trust
1-13 Fund; to provide for the deposit of moneys in the fund and
1-14 the expenditure of moneys from the fund as determined by the
1-15 director; to require dry cleaners and dry cleaning solvent
1-16 vendors to make deposits into the fund in order to be
1-17 eligible for assistance; to prohibit certain dry cleaners or
1-18 vendors from receiving assistance from such fund; to limit
1-19 expenditures from such fund; to establish criteria whereby
1-20 dry cleaning solvent vendors may be eligible for site
1-21 remediation benefits from the fund; to provide for the
1-22 certification of dry cleaners; to prohibit the sale of
1-23 solvents to dry cleaners who are not certified; to require
1-24 dry cleaners to pay certain certification fees,
1-25 environmental assurances fees, and solvent fees; to provide
1-26 for the determination of fees; to suspend the collection of
1-27 fees when the fund equals or exceeds a certain balance and
1-28 to provide that the collection of such fees shall resume
1-29 when the balance in the fund is not adequate; to provide for
1-30 audits; to provide for records of the sales of solvents in
1-31 this state; to require vendors to report such sales and
1-32 remit certain fees to the Environmental Protection Division
1-33 of the Department of Natural Resources; to provide that it
1-34 shall be unlawful for any person, including a vendor or
1-35 certified dry cleaner, to sell or distribute a solvent for
1-36 use by a dry cleaner in this state unless the dry cleaner
1-37 using the solvent is currently certified; to provide that it
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LC 10 0973
2- 1 shall be unlawful for any dry cleaner in this state to
2- 2 purchase or receive a solvent unless such dry cleaner is
2- 3 certified under the provisions of this Act; to provide for
2- 4 corrective actions for violations of this Act or the rules
2- 5 or regulations of the board; to limit actions against
2- 6 persons whose sites are included in the Georgia hazardous
2- 7 site inventory; to provide for injunctions and restraining
2- 8 orders; to provide for suspension of a dry cleaner's
2- 9 certification under certain circumstances; to provide civil
2-10 penalties; to provide for hearings and reviews; to provide
2-11 for related matters; to provide for severability; to provide
2-12 for automatic repeal; to repeal conflicting laws; and for
2-13 other purposes.
2-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2-15 Title 12 of the Official Code of Georgia Annotated, relating
2-16 to conservation and natural resources, is amended by adding
2-17 at the end thereof a new Chapter 17 to read as follows:
"CHAPTER 17
2-18 12-17-1. (Index)
2-19 (a) It is declared to be the public policy of the State of
2-20 Georgia, in furtherance of its responsibility to protect
2-21 the public health, safety, and well-being of its citizens
2-22 and to protect and enhance the quality of its environment,
2-23 to require corrective action for releases of solvents by
2-24 dry cleaners or vendors, without regard to when such
2-25 releases may have occurred, into the environment that may
2-26 pose a threat to human health or the environment and to
2-27 provide incentives for the reduction of the amount of
2-28 solvent wastes generated or managed in the state.
2-29 Additionally, enhanced pollution prevention measures for
2-30 dry cleaners are defined to include:
2-31 (1) A requirement that all wastes generated at any dry
2-32 cleaning facility containing solvent residue be managed
2-33 as 'hazardous waste' in accordance with federal and
2-34 state regulations;
2-35 (2) A prohibition on discharges of waste water from dry
2-36 cleaning machines or of dry cleaning solvent from dry
2-37 cleaning operations to any sanitary sewer or septic tank
2-38 or to the waters of this state;
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3- 1 (3) A requirement that all newly installed dry cleaning
3- 2 systems utilizing perchloroethylene solvent be of the
3- 3 dry-to-dry type and be equipped with integral
3- 4 refrigerated condensers for the control of
3- 5 perchloroethylene emissions; and
3- 6 (4) A requirement that every dry cleaning facility
3- 7 install dikes or other containment structures around
3- 8 each machine or item of equipment in which any dry
3- 9 cleaning solvent is utilized, which shall be capable of
3-10 containing any leak, spill, or release of dry cleaning
3-11 solvent from that machine and, to the extent
3-12 practicable, shall seal or otherwise render impervious
3-13 those portions of all diked floor surfaces upon which
3-14 any dry cleaning solvent may leak, spill, or otherwise
3-15 be released. This requirement shall become effective
3-16 July 1, 1998.
3-17 (b) The General Assembly declares its intent to fund the
3-18 execution of the public policy set forth in subsection (a)
3-19 of this Code section by and through the division with the
3-20 fees established and collected by the division pursuant to
3-21 Code Section 12-17-7 and deposits collected pursuant to
3-22 subsection (c) of Code Section 12-17-6. The General
3-23 Assembly further declares its intent to ensure that the
3-24 funding provided by fees on dry cleaning activities and
3-25 through the collection of civil penalties will not be
3-26 diverted for any purpose other than the administration of
3-27 this chapter by the division, the prevention of pollution,
3-28 including reduction of solvent wastes generated, and the
3-29 effectuation of corrective action at sites that may
3-30 threaten human health or the environment where dry
3-31 cleaning solvents have been released. Appropriation of
3-32 funds to the department for inclusion in the Dry Cleaning
3-33 No-fault Cleanup Trust Fund shall be deemed consistent
3-34 with this declaration of legislative intent.
3-35 12-17-2. (Index)
3-36 As used in this chapter, the term:
3-37 (1) 'Board' means the Board of Natural Resources.
3-38 (2) 'Department' means the Department of Natural
3-39 Resources.
3-40 (3) 'Director' means the director of the Environmental
3-41 Protection Division of the Department of Natural
3-42 Resources.
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4- 1 (4) 'Division' means the Environmental Protection
4- 2 Division of the Department of Natural Resources.
4- 3 (5) 'Dry cleaner' means a person who engages in the
4- 4 practice of dry cleaning whether such practice is
4- 5 revenue or nonrevenue producing or a person who provides
4- 6 dry cleaning services to the general public although
4- 7 such person does not have dry cleaning equipment on the
4- 8 premises.
4- 9 (6) 'Dry cleaning' means any process of cleaning fabrics
4-10 and textiles using solvents in equipment manufactured
4-11 for such purpose. Dry cleaning includes, but is not
4-12 limited to, all recovery operations, units, filters,
4-13 stills, cookers, stages, or processes in which solvent
4-14 is extracted for use or reuse in the cleaning process.
4-15 (7) 'Fund' means the Dry Cleaning No-fault Cleanup Trust
4-16 Fund created in Code Section 12-17-6.
4-17 (8) 'Person' means any individual, company, corporation,
4-18 association, partnership, or other legal entity.
4-19 (9) 'Solvent' means any chlorine or fluorine or
4-20 hydrocarbon based formulation which is used as a primary
4-21 cleaning agent in the process of dry cleaning.
4-22 (10) 'Vendor' means a person who sells solvents to one
4-23 or more dry cleaners in this state.
4-24 12-17-3. (Index)
4-25 (a) In the performance of its duties, the board shall have
4-26 the power to adopt, promulgate, modify, amend, and repeal
4-27 rules and regulations to implement and enforce the
4-28 provisions of this chapter as the board may deem necessary
4-29 to provide for corrective action for releases of solvents
4-30 by dry cleaners or vendors into the environment that pose
4-31 a present or future danger to human health or the
4-32 environment and to provide incentives for the reduction of
4-33 the amount of solvent wastes generated in the state. Such
4-34 rules and regulations may be applicable to the state as a
4-35 whole or may vary from region to region as may be
4-36 appropriate to facilitate the accomplishment of the
4-37 provisions, purposes, and policies of this chapter.
4-38 (b) The board's rules and regulations shall include, but
4-39 shall not be limited to, the following:
4-40 (1) Rules and regulations governing the reporting of
4-41 releases of solvents by dry cleaners or vendors;
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LC 10 0973
5- 1 (2) Rules and regulations governing the investigation,
5- 2 cleanup, and corrective action at sites where solvents
5- 3 have been released by dry cleaners or vendors regardless
5- 4 of the date when such disposal or release occurred,
5- 5 including rules and regulations establishing cleanup
5- 6 standards; and
5- 7 (3) Rules and regulations governing procedures and
5- 8 criteria for making a determination whether property
5- 9 requires site engineering and cleanup.
5-10 12-17-4. (Index)
5-11 (a) The director shall have and may exercise the following
5-12 powers and duties:
5-13 (1) To make determinations in accordance with procedures
5-14 established by the board as to whether property requires
5-15 site engineering and cleanup;
5-16 (2) To ensure that corrective action is taken for
5-17 releases of solvents by dry cleaners or vendors into the
5-18 environment that pose a present or future danger to
5-19 human health or the environment;
5-20 (3) To collect fees from dry cleaners or vendors for
5-21 solvent management activities and site cleanup purposes;
5-22 (4) To administer the Dry Cleaning No-fault Cleanup
5-23 Trust Fund and expend the principal and interest of such
5-24 trust fund;
5-25 (5) To make investigations, analyses, and inspections to
5-26 determine and ensure compliance with this chapter, the
5-27 rules and regulations promulgated under this chapter,
5-28 and any orders which the director may issue;
5-29 (6) To enter into such contracts as may be convenient,
5-30 required, or necessary to effectuate the provisions of
5-31 this chapter or the rules and regulations promulgated
5-32 under this chapter;
5-33 (7) To issue, amend, modify, or revoke orders as may be
5-34 necessary to ensure and enforce compliance with the
5-35 provisions of this chapter and all rules and regulations
5-36 promulgated under this chapter;
5-37 (8) To encourage voluntary cooperation by persons and
5-38 affected groups to achieve the purposes of this chapter;
5-39 (9) To exercise all incidental powers necessary to carry
5-40 out the purposes of this chapter; and
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6- 1 (10) To prepare an implementation schedule and to inform
6- 2 dry cleaners and members of the schedule and the
6- 3 requirements of this chapter no later than January 1,
6- 4 1996.
6- 5 (b) The powers and duties provided for in subsection (a)
6- 6 of this Code section may be exercised and performed by the
6- 7 director through such duly authorized employees or
6- 8 representatives as the director deems necessary and
6- 9 proper.
6-10 12-17-5. (Index)
6-11 (a) The director or an authorized employee or
6-12 representative of the department, upon presentation of his
6-13 or her credentials, shall have a right to enter upon, to,
6-14 or through premises of a dry cleaner or vendor whereon a
6-15 release of solvents is reasonably believed to have
6-16 occurred, be occurring, or is reasonably believed to be
6-17 about to occur to investigate, take samples of, and copy
6-18 all records relating to the storage, handling, and
6-19 disposal of solvents or to inspect for compliance with the
6-20 requirements imposed under this chapter or the rules and
6-21 regulations promulgated under this chapter or to determine
6-22 whether such a violation or threatened violation exists.
6-23 (b) In the event any person does not consent to an
6-24 inspection or investigation, the director or an authorized
6-25 employee or representative of the department shall have
6-26 the power to seek a warrant authorizing the inspection or
6-27 investigation.
6-28 (c) No person who owns or operates, or formerly owned or
6-29 operated, an affected dry cleaning or solvent vending
6-30 facility, or who otherwise could be held liable as a
6-31 result of any release of dry cleaning solvent at an
6-32 affected dry cleaning or vendor facility, shall be subject
6-33 to any administrative or judicial action brought by or on
6-34 behalf of the state or any department, agency, or
6-35 subdivision thereof, other than the director, or by or on
6-36 behalf of any other person, to compel or to recover any
6-37 cost associated with any action to assess, clean up,
6-38 remediate, or otherwise respond to, or to recover any
6-39 damages resulting from, any release or threatened release
6-40 of dry cleaning solvent at or from a dry cleaning facility
6-41 that is identified on the hazardous site inventory created
6-42 in Code Section 12-8-97 or that has formerly applied for
6-43 and not been denied the director's written appproved for
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7- 1 reimbursement of said person's expenses of site
7- 2 engineering and cleanup; provided, however, that for
7- 3 purposes of a claim against a person who owns or operates
7- 4 a facility after July 1, 1995, such person shall, after
7- 5 such date, have paid all fees for which such person was
7- 6 liable and substantially complied with all applicable
7- 7 federal and state environmental laws and regulations,
7- 8 including, without limitation, the enhanced pollution
7- 9 prevention measures promulgated under Code Section
7-10 12-17-1.
7-11 12-17-6. (Index)
7-12 (a) There is created the Dry Cleaning No-fault Cleanup
7-13 Trust Fund. The fund shall be funded in accordance with
7-14 subsection (b) of Code Section 12-17-1 and Code Section
7-15 12-17-7. All moneys deposited in the fund shall be deemed
7-16 expended and contractually obligated and shall not lapse
7-17 to the general fund. Interest earned upon the corpus of
7-18 the fund shall become a part of the fund to be expended by
7-19 the director as authorized in this chapter. The director
7-20 shall serve as trustee of the fund.
7-21 (b) The moneys deposited in the fund may be expended by
7-22 the director as follows:
7-23 (1) To administer the provisions of this chapter;
7-24 (2) To take whatever site engineering and cleanup is
7-25 necessary or appropriate to assure that the public
7-26 health or environment is not threatened whenever there
7-27 is contamination or a threat of contamination from the
7-28 release of dry cleaning solvent;
7-29 (3) To provide remediation funding for a dry cleaning or
7-30 vendor site which has been placed on the hazardous site
7-31 inventory created under Code Section 12-8-97 and is
7-32 required to certify compliance with the rules of the
7-33 Environmental Protection Division of the Department of
7-34 Natural Resources relating to hazardous site response
7-35 (Chapter 391-3-19), as now or hereafter amended;
7-36 (4) To provide reimbursement for expenses of site
7-37 engineering and cleanup paid for by the responsible dry
7-38 cleaner or vendor in cases where all other provisions of
7-39 this chapter have been satisfied and the director had
7-40 given written approval for the remediation plan and its
7-41 costs prior to the expenses being incurred;
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8- 1 (5) To provide stipulated reimbursement for sites which
8- 2 the director would deem qualified for dry cleaning trust
8- 3 fund benefits, using the same criteria as any other
8- 4 site, but upon which remediation had begun prior to July
8- 5 1, 1995. Such sites shall qualify only for the cost of
8- 6 the unperformed engineering and cleanup to be completed
8- 7 during the ensuing 24 months or 5 percent of the trust
8- 8 fund receipts during its initial 24 months, whichever is
8- 9 less; or
8-10 (6) To undertake management, education, and monitoring
8-11 activities required under this chapter.
8-12 (c) Whenever there is contamination from release of a
8-13 solvent at the site of a dry cleaner or vendor, the dry
8-14 cleaner or vendor shall not be eligible for assistance
8-15 from the fund for site engineering and cleanup unless the
8-16 dry cleaner or vendor has paid all fees required in Code
8-17 Section 12-17-7 and, upon notice from the director,
8-18 deposits into the fund an amount equal to the estimated
8-19 costs of the site engineering and cleanup or $10,000.00,
8-20 whichever is less. For moneys from the fund to be expended
8-21 in instances where contamination from release of a solvent
8-22 has occurred at a site no longer active as a dry cleaning
8-23 facility, all requirements of this chapter shall be
8-24 satisfied with the exception of the fees required in Code
8-25 Section 12-17-7. For moneys from the fund to be expended
8-26 in instances where the responsible dry cleaner or vendor
8-27 is not the property owner or where contiguous property is
8-28 involved, a written document must be evidenced to hold the
8-29 dry cleaner or vendor harmless for damages originating
8-30 from the contaminated site. A dry cleaner or vendor whose
8-31 site contamination is a result of storage, handling, or
8-32 disposal practices which are intentionally in violation of
8-33 federal law, state law, or the rules and regulations of
8-34 the board shall not be eligible for assistance from the
8-35 fund.
8-36 (d) Notwithstanding any other provisions of this chapter,
8-37 not more than 5 percent of the balance of the fund may be
8-38 expended by the director for site engineering and cleanup
8-39 and other liabilities involving a single contaminated site
8-40 upon which remediation had not begun prior to July 1,
8-41 1995.
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9- 1 12-17-7. (Index)
9- 2 (a)(1) The division is authorized and directed to charge
9- 3 and collect fees for solvent management activities and
9- 4 site cleanup purposes as provided in this subsection.
9- 5 Each dry cleaner shall be required to make application
9- 6 to the division for certification. A dry cleaner
9- 7 without dry cleaning equipment on the premises shall be
9- 8 required to pay an annual fee of $60.00 to be certified
9- 9 and a dry cleaner with dry cleaning equipment on the
9-10 premises shall be required to pay an annual fee of
9-11 $240.00 to be certified. Each dry cleaner certified
9-12 shall be issued a certification identification number
9-13 which shall be recorded on all invoices for the purchase
9-14 of solvents. It shall be unlawful for a vendor to sell
9-15 solvents to any dry cleaner who fails to present a valid
9-16 certification identification number. Such certification
9-17 shall be renewed annually upon payment of the requisite
9-18 fee provided in this paragraph and in accordance with
9-19 the rules and regulations of the board. Moneys
9-20 generated by certification fees provided in this
9-21 paragraph shall be expended from the fund and used by
9-22 the director for management, education, and monitoring
9-23 activities required under this chapter.
9-24 (2) In addition to the certification fees required in
9-25 paragraph (1) of this subsection, each dry cleaner shall
9-26 be required to remit to the director an environmental
9-27 assurance fee in an amount equal to 2 percent of gross
9-28 dry cleaning sales processed at the dry cleaning
9-29 facility but in no event less than $120.00 for each
9-30 calendar month; provided, however, that environmental
9-31 assurance fees for a facility will not apply to that
9-32 portion of gross dry cleaning sales which exceed
9-33 $20,000.00 for any calendar month.
9-34 (3) In addition to the fees required in paragraphs (1)
9-35 and (2) of this subsection, solvent fees in the amount
9-36 of $1.00 per gallon for hydrocarbon based solvents and
9-37 $5.00 per gallon for chlorine or fluorine based solvents
9-38 are to be assessed on all solvents used for dry
9-39 cleaning. Vendors shall report and remit fees to the
9-40 director in such form and manner as the director may
9-41 require.
9-42 (4) In addition to the requirements of paragraphs (1)
9-43 through (3) of this subsection, in order to be eligible
9-44 for benefits from the fund, a vendor must elect to
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10- 1 enroll a Georgia site in the program by January 1, 1996,
10- 2 or 60 days after first vending dry cleaning solvent in
10- 3 Georgia following said date. The vendor shall
10- 4 thereafter continually vend solvents to Georgia dry
10- 5 cleaners and shall pay an annual environmental assurance
10- 6 fee of $5,000.00 for each site enrolled. Failure to
10- 7 continually vend solvents to Georgia dry cleaners or to
10- 8 remain continually enrolled shall disqualify a vendor
10- 9 for fund benefits.
10-10 (b) All certification, environmental assurance, and
10-11 solvent fees required by subsection (a) of this Code
10-12 section shall be paid to the division for transfer into
10-13 the state treasury to the credit of the general fund. The
10-14 division shall collect such fees until the unencumbered
10-15 principal balance of the fund equals or exceeds $15
10-16 million, at which time no fees provided for in paragraphs
10-17 (2), (3), or (4) of subsection (a) of this Code section
10-18 shall be levied until the balance in that fund is less
10-19 than or equal to an unencumbered balance of $10 million,
10-20 in which case the levy and collection of such fees shall
10-21 resume at the beginning of the next calendar year
10-22 following the year in which such unencumbered balance
10-23 occurs. The director shall provide written notice to all
10-24 dry cleaners and vendors at such time as the director
10-25 receives notice that the unencumbered principal balance of
10-26 the fund equals or exceeds $15 million or is equal to or
10-27 less than $10 million.
10-28 12-17-8. (Index)
10-29 (a) Each vendor shall be required to report to the
10-30 division pursuant to rules and regulations of the board
10-31 each sale of solvents to a dry cleaner in this state.
10-32 (b) (1) It shall be unlawful for any person, including a
10-33 vendor or certified dry cleaner, to sell or distribute a
10-34 solvent for use by a dry cleaner in this state unless
10-35 the dry cleaner using the solvent is currently
10-36 certified.
10-37 (2) It shall be unlawful for any dry cleaner in this
10-38 state to purchase or receive a solvent unless such dry
10-39 cleaner is certified under the provisions of this
10-40 chapter.
10-41 (c) (1) Any person violating the provisions of
10-42 subsection (b) of this Code section shall be subject to
10-43 the following:
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11- 1 (A) A civil penalty in the amount of $1,000.00; and
11- 2 (B) An additional civil penalty in the amount equal to
11- 3 $100.00 multiplied by the number of gallons of solvent
11- 4 unlawfully sold, distributed, purchased, or received.
11- 5 (2) Each occurrence which is a violation of subsection
11- 6 (b) of this Code section shall be a separate violation.
11- 7 (3) Whenever the director has reason to believe that any
11- 8 person has violated any provision of this Code section,
11- 9 he or she may upon written request cause a hearing to be
11-10 conducted before a hearing officer appointed by the
11-11 board. Upon finding that such person has violated any
11-12 provision of this Code section, the hearing officer
11-13 shall issue his or her decision imposing civil penalties
11-14 as provided in this Code section. Such hearing and any
11-15 administrative or judicial review thereof shall be
11-16 conducted in accordance with Code Section 12-17-11.
11-17 12-17-9. (Index)
11-18 (a) The director may conduct periodic audits of dry
11-19 cleaners to assure compliance with the provisions of this
11-20 chapter.
11-21 (b) Except as otherwise provided in Code Section 12-17-8,
11-22 whenever the director has reason to believe that required
11-23 fees have not been paid or that a violation of any
11-24 provision of this chapter, any rule or regulation of the
11-25 board, or any order of the director has occurred, he or
11-26 she shall attempt to remedy the same by conference,
11-27 conciliation, or persuasion. In case of the failure of
11-28 such conference, conciliation, or persuasion to correct or
11-29 remedy any violation, the director may issue an order
11-30 directed to such violator or violators. The order shall
11-31 specify the provisions of the chapter, the rules or
11-32 regulations, or the order alleged to have been violated
11-33 and may order that necessary corrective action be taken
11-34 within a reasonable time to be prescribed in the order.
11-35 Failure to comply with the director's order may result in
11-36 immediate suspension of the dry cleaner's certification.
11-37 An order issued by the director under this Code section
11-38 shall be signed by the director. Any such order shall
11-39 become final unless the person or persons named therein
11-40 request in writing a hearing pursuant to Code Section
11-41 12-17-11.
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12- 1 (c) Whenever the director has reason to believe that there
12- 2 is or has been contamination from release of a solvent,
12- 3 regardless of the time at which such release occurred, and
12- 4 has reason to believe that such release poses a danger to
12- 5 health or the environment, the director shall attempt to
12- 6 obtain corrective action for such release by conference,
12- 7 conciliation, or persuasion. In the case of the failure
12- 8 of such conference, conciliation, or persuasion to obtain
12- 9 corrective action, the director may issue an order
12-10 directed to any person, including any past dry cleaner or
12-11 owner of property who has contributed to such release.
12-12 The order may direct that necessary corrective action may
12-13 be taken within a reasonable time to be prescribed in the
12-14 order.
12-15 12-17-10. (Index)
12-16 Whenever, in the judgment of the director, any person has
12-17 engaged in or is about to engage in any act or practice
12-18 which constitutes or would constitute a violation of this
12-19 chapter or the rules or regulations of the board, he or
12-20 she may make application to the superior court of the
12-21 county in which the violative act or practice has been or
12-22 is about to be engaged in or in which the dry cleaner
12-23 resides for an order enjoining such act or practice or for
12-24 an order requiring compliance with this chapter or the
12-25 rules or regulations of the board; and upon a showing by
12-26 the director that such person has engaged in or is about
12-27 to engage in any such violative act or practice, a
12-28 permanent or temporary injunction, restraining order, or
12-29 other order shall be granted without the necessity of
12-30 showing the lack of an adequate remedy at law.
12-31 12-17-11. (Index)
12-32 All hearings on and review of contested matters and orders
12-33 and all hearings on and review of any other enforcement
12-34 actions or orders under this chapter shall be provided and
12-35 conducted in accordance with subsection (c) of Code
12-36 Section 12-2-2. The hearing and review procedure provided
12-37 in such Code section is to the exclusion of all other
12-38 means of hearing or review."
SECTION 2.
12-39 In the event any section, subsection, sentence, clause, or
12-40 phrase of this Act shall be declared or adjudged invalid or
12-41 unconstitutional, such adjudication shall in no manner
12-42 affect the other sections, subsections, sentences, clauses,
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13- 1 or phrases of this Act, which shall remain of full force and
13- 2 effect as if the section, subsection, sentence, clause, or
13- 3 phrase so declared or adjudged invalid or unconstitutional
13- 4 were not originally a part hereof. The General Assembly
13- 5 declares that it would have passed the remaining parts of
13- 6 this Act if it had known that such part or parts hereof
13- 7 would be declared or adjudged invalid or unconstitutional.
SECTION 3.
13- 8 This Act shall stand repealed in its entirety on June 30,
13- 9 2005.
SECTION 4.
13-10 All laws and parts of laws in conflict with this Act are
13-11 repealed.
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Office of the Secretary of the Senate
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Last Updated on 01/02/97