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HB 494 - Rock quarries; operation; geologic impact study

Smith, Paul E (12th)	Childers, E. (Buddy) M (13th)	Walker, Len (87th)
Whitaker, Ben N (7th)	Cummings, Bill (27th)	Reece, Barbara Massey (11th)

Status Summary	HC:	NatR	SC:		FR:	02/05/99	LA:	02/08/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining operations and related matters, so as to define a certain term; to require a geologic impact study be submitted with an application for a permit to operate a rock quarry; and for other purposes.

HB 494                                             LC 21 5275 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 12-4-75 of the Official Code of 
  1- 2  Georgia Annotated, relating to permits for surface mining 
  1- 3  operations and related matters, so as to define a certain 
  1- 4  term; to require a geologic impact study be submitted with 
  1- 5  an application for a permit to operate a rock quarry; to 
  1- 6  provide for injunctive relief; to provide for civil 
  1- 7  liability; to provide for damages; to repeal conflicting 
  1- 8  laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Code Section 12-4-75 of the Official Code of Georgia 
  1-12  Annotated, relating to permits for surface mining operations 
  1-13  and related matters, is amended by adding at the end thereof 
  1-14  the following: 
 
  1-15        "(4)(A) As used in this paragraph, the term 'geologic 
  1-16        impact study' means an investigation performed by a 
  1-17        geologist, a civil engineer, or other qualified person 
  1-18        or persons and shall include the anticipated effects 
  1-19        of the operation of a rock quarry, including, without 
  1-20        limitation, blasting, drilling, and traffic, on the 
  1-21        any structures or roads as well as the effect of such 
  1-22        operation on the air and ground water, all within a 
  1-23        ten-mile radius of the quarry. Such study shall 
  1-24        specify any anticipated damages to structures, roads, 
  1-25        air, or ground water. 
 
  1-26        (B) In addition to any other requirements imposed by 
  1-27        this part, any person seeking a permit to operate a 
  1-28        rock quarry, and any person seeking to renew such a 
  1-29        permit, shall submit with his or her application a 
  1-30        completed geologic impact study identifying the person 
  1-31        or persons conducting the study and the qualifications 
  1-32        of each such person. 
 
  1-33        (C) The completion and submission of a geologic impact 
  1-34        study shall not affect the applicant's civil liability 
 
 
                                 -1- 
 
 
 
  2- 1        for any damages caused by the operation of the rock 
  2- 2        quarry. Any person damaged by the operation of a rock 
  2- 3        quarry shall be entitled to seek injunctive relief in 
  2- 4        the superior courts. The owner of the permit shall be 
  2- 5        strictly liable for any damages caused by the 
  2- 6        operation of the rock quarry which are not specified 
  2- 7        in the geologic impact study. If the affected party 
  2- 8        prevails in a civil action for damages not specified 
  2- 9        in the geologic impact study, he or she shall be 
  2-10        entitled to treble damages." 
 
  2-11                           SECTION 2. 
 
  2-12  All laws and parts of laws in conflict with this Act are 
  2-13  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-