05
SB122/AP
Senate
Bill 122
By: Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th
By: Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th
AS
PASSED
AN
ACT
To
amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of
Georgia Annotated, relating to general provisions relative to solid waste
management, so as to change certain provisions relating to general provisions
relative to solid waste management; to change certain provisions relating to
declaration of policy and legislative intent; to change certain provisions
relating to definitions; to change certain provisions relating to permits for
solid waste or special solid waste handling, disposal, or thermal treatment
technology facilities and inspection of solid waste generators; to change
certain provisions relating to authorization for state grants; to change certain
provisions relating to tire disposal restrictions; to change certain provisions
relating to yard trimming disposal restrictions; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions relative to solid waste management, is
amended by striking subsection (a) of Code Section 12-8-21, relating to
declaration of policy and legislative intent, and inserting in lieu thereof the
following:
"(a)
It is declared to be the policy of the State of Georgia, in furtherance of its
responsibility to protect the public health, safety, and well_being of its
citizens and to protect and enhance the quality of its environment, to institute
and maintain a comprehensive state_wide program for solid waste management and
to prevent and abate litter, so as to assure that solid waste does not adversely
affect the health, safety, and well_being of the public and that solid waste
facilities, whether publicly or privately owned, do not degrade the quality of
the environment by reason of their location, design, method of operation, or
other means and which, to the extent feasible and practical, makes maximum
utilization of the resources contained in solid
waste."
SECTION
2.
Said
part is further amended by striking subsection (c) of Code Section 12_8_21,
relating to declaration of policy and legislative intent, and inserting in lieu
thereof the following:
"(c)
It is the intent of the General Assembly that every effort be undertaken to
reduce on a state_wide per capita basis the amount of municipal solid waste
being received at disposal
facilities."
SECTION
3.
Said
part is further amended in Code Section 12_8_22, relating to definitions, by
inserting a new paragraph to read as follows:
"(5.1)
'Construction or demolition waste' means waste building materials and rubble
resulting from construction, remodeling, repair, or demolition operations on
pavements, houses, commercial buildings, and other structures. Such waste
includes but is not limited to waste containing asbestos, wood, bricks, metal,
concrete, wallboard, paper, cardboard, and other nonputrescible wastes
associated with construction and demolition activities which have a low
potential for ground_water contamination. Inert waste landfill materials
approved by the board for disposal in landfills permitted by rule and regulation
are also included in this definition if disposed in a construction or demolition
waste
landfill."
SECTION
4.
Said
part is further amended by striking paragraph (12) of Code Section 12_8_22,
relating to definitions, and inserting in lieu thereof the
following:
"(12)
'Hazardous constituent' means any substance listed as a hazardous constituent in
regulations promulgated pursuant to the federal act by the administrator of the
United States Environmental Protection Agency which are in force and effect on
February 1, 2004, codified as Appendix VIII to 40 C.F.R. Part 261 —
Identification and Listing of Hazardous
Waste."
SECTION
5.
Said
part is further amended in Code Section 12_8_22, relating to definitions, by
inserting a new paragraph to read as follows:
"(15.1)
'Litter' has the meaning provided by Code Section
16_7_42."
SECTION
6.
Said
part is further amended by striking paragraph (18) of Code Section 12_8_22,
relating to definitions, and inserting in lieu thereof the
following:
"(18)
'Municipal solid waste' means any solid waste derived from households, including
garbage, trash, and sanitary waste in septic tanks and means solid waste from
single_family and multifamily residences, hotels and motels, bunkhouses,
campgrounds, picnic grounds, and day use recreation areas. The term includes
yard trimmings, construction or demolition waste, and commercial solid waste but
does not include solid waste from mining, agricultural, or silvicultural
operations or industrial processes or
operations."
SECTION
7.
Said
part is further amended by striking paragraph (5) of subsection (e) of Code
Section 12_8_24, relating to permits for solid waste or special solid waste
handling, disposal, or thermal treatment technology facilities and inspection of
solid waste generators, and inserting in lieu thereof the
following:
"(5)
Modifications for vertical expansions issued under this Code section may be
restricted in duration, but in no case shall be effective for municipal solid
waste landfills not having liners and leachate collection systems, other than
those landfills restricted to construction or demolition
waste."
SECTION
8.
Said
part is further amended by striking subsection (c) of Code Section 12_8_37.1,
relating to authorization for state grants, and inserting in lieu thereof the
following:
"(c)
The corpus of the solid waste trust fund established in Code Section 12_8_27.1
may be used to make grants and loans to cities and counties, any combination of
cities and counties, authorities, state agencies, or the Georgia Recycling
Market Development Council for the cleanup of solid waste disposal facilities,
including those used for the disposal of scrap tires; for the development and
implementation of solid waste enforcement programs for the prevention and
abatement of illegal dumping of solid waste, including without limitation the
prevention and abatement of litter; for the funding of grants or loans, in
accordance with procedures developed by the division; for the implementation of
innovative technologies for the recycling and reuse of solid waste, including
without limitation scrap tires; and for educational and other efforts to promote
waste reduction, recycling, and recycling market
development."
SECTION
9.
Said
part is further amended by striking paragraph (1) of subsection (c) of Code
Section 12_8_40.1, relating to tire disposal restrictions, and inserting in lieu
thereof the following:
"(c)(1)
No person shall collect or transport scrap tires for the purpose of processing
or disposal, process scrap tires, or purport to be in the business of
collecting, transporting, or processing scrap tires unless the person has a
scrap tire carrier or processor permit issued by the division. For purposes of
this paragraph, the term 'process scrap tires' means any method, system, or
other treatment designed to change the physical form, size, or chemical content
of scrap tires for beneficial
use."
SECTION
10.
Said
part is further amended by striking paragraph (3) of subsection (h) of Code
Section 12_8_40.1, relating to tire disposal restrictions, and inserting in lieu
thereof the following:
"(3)
The tire fees authorized in this subsection shall cease to be collected on June
30, 2008. The director shall make an annual report to the House Committee on
Natural Resources and the Environment and the Senate Natural Resources and
Environment Committee regarding the status of the activities funded by the solid
waste trust
fund."
SECTION
11.
Said
part is further amended by striking subsection (k) of Code Section 12_8_40.1,
relating to tire disposal restrictions, and inserting in lieu thereof the
following:
"(k)
The director shall be authorized to order the cessation of operation of any
scrap tire carrier or processor who is found not to be operating in compliance
with this part or rules adopted pursuant to this part and the seizure of all
property used in such unlawful operations; provided, however, that the scrap
tire carrier or processor shall be afforded a hearing within 48 hours before an
administrative law judge of the Department of Natural Resources upon such order
of the
director."
SECTION
12.
Said
part is further amended by striking subsection (l) of Code Section 12_8_40.1,
relating to tire disposal restrictions, and inserting in lieu thereof the
following:
"(l)(1)
A surety bond shall be provided to the director by a scrap tire carrier or
processor prior to issuance of a permit for collecting or processing scrap tires
to ensure compliance with the provisions of this part.
(2)
The bond required in this subsection shall be:
(A)
Conditioned upon compliance with this part, any rules adopted pursuant to this
part, and the carrier´s or processor´s permit; and
(B)
In such amount as determined by the director necessary to ensure compliance, but
in any event not to exceed $25,000.00.
(3)
Such bond shall be payable to the director and issued by an insurance company
authorized to issue such bonds in this state.
(4)
Upon a determination by the director that a scrap tire carrier or processor has
failed to meet the provisions of this part, rules promulgated pursuant to this
part, or its permit, the director may, after written notice of such
failure:
(A)
Forfeit or draw that amount of such bond that the director determines necessary
to correct the violation;
(B)
Expend such amount for such purposes; and
(C)
Require the replacement of that amount of such bond forfeited or drawn
upon.
(5)
Any moneys received by the director in accordance with paragraph (4) of this
subsection shall be deposited into the solid waste trust fund established in
Code Section
12_8_27.1."
SECTION
13.
Said
part is further amended by striking subsection (a) of Code Section 12_8_40.2,
relating to yard trimming disposal restrictions, and inserting in lieu thereof
the following:
"(a)
Each city, county, or solid waste management authority shall impose restrictions
on yard trimmings which are generated in or may ultimately be disposed of in its
area of jurisdiction. These restrictions shall include but are not limited
to:
(1)
A requirement that yard trimmings not be placed in or mixed with municipal solid
waste, except at landfills restricted to construction or demolition
waste;
(2)
A ban on the disposal of yard trimmings at municipal solid waste disposal
facilities having liners and leachate collection systems or requiring vertical
expansion within its jurisdiction;
(3)
A requirement that yard trimmings be sorted and stored for collection in such a
manner as to facilitate collection, composting, or other handling;
and
(4)
A requirement that yard trimmings be sorted and stockpiled or chipped,
composted, used as mulch, or otherwise beneficially reused or recycled to the
maximum extent
feasible."
SECTION
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.