05 LC
25 3980
House
Bill 533
By:
Representatives Lewis of the
15th,
Smith of the
113th,
Loudermilk of the
14th,
and Graves of the
12th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-8-25 of the Official Code of Georgia Annotated, relating
to solid waste disposal sites within one-half mile of an adjoining county or
city, so as to increase the applicable distance for such sites from county or
city boundaries; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-8-25 of the Official Code of Georgia Annotated, relating to solid
waste disposal sites in certain counties within one-half mile of an adjoining
county, is amended by striking paragraph (3) of subsection (a) and inserting in
lieu thereof the following:
"(3)
Except as otherwise provided in subsection (b) of this Code section, to
encourage cooperation among the various cities and counties, after April 4,
1997, no permit shall be issued for a municipal solid waste disposal facility in
any city or county if any part of the site is within
one-half
one
mile of the boundaries of such city or county adjoining any city or county in
this state without the
applicant́s
first receiving the express approval of the governing authority of that
adjoining city or county; provided, however, that the director may permit such a
facility if the applicant provides evidence that no alternative sites or methods
are available in that jurisdiction or in any adjoining jurisdiction of the
affected city and county for the handling of its solid waste. This paragraph
shall apply to all permit applications that are pending on or made after April
4, 1997, and to all permits issued prior to such date, which permits are the
subject of an appeal or judicial review and such appeal or judicial review is in
process."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.