09 LC 35
1128
House
Bill 230
By:
Representatives Long of the
61st,
Davis of the
109th,
Jordan of the
77th,
Bruce of the
64th,
Benfield of the
85th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating
to nuisances generally, so as to provide that the emission of pentachlorophenal
by certain facilities located near designated schools are creating a nuisance
per se; to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances
generally, is amended by adding a new Code section to read as
follows:
"41-1-10.
(a)
As used in this Code section, the term:
(1)
'Facility' means any building, structure, or process conducted by a corporation,
company, business, industry, or similar entity in Georgia whether publicly or
privately owned or operated.
(2)
'Pentachlorophenal' means that chemical with the CAS registry number 87-86-5 and
includes any substance by whatever trade name containing such
chemical.
(b)
If a facility is located within a two-mile radius of a public or private
elementary or secondary school and emits any measurable amount of
pentachlorophenal, the emission of pentachlorophenal shall be a nuisance per se.
A private right of action shall accrue to students exposed to pentachlorophenal
for the abatement of the nuisance created by such
emission."
SECTION
2.
This
Act shall become effective on July 1, 2009.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.