07 LC
25 4753
Senate
Bill 221
By:
Senators Bulloch of the 11th, Tolleson of the 20th, Chance of the 16th, Meyer
von Bremen of the 12th, Williams of the 19th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for regulation and permitting of land disposal sites that receive septic
tank waste and rules and regulations relating thereto; to amend 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 permits from the Department of Natural Resources for land
disposal sites that receive septic tank waste and rules and regulations relating
thereto; to amend Chapter 2 of Title 31 of the Official Code of Georgia
Annotated, relating to the Department of Human Resources, so as to change
certain provisions relating to permits from the Department of Human Resources
for land disposal sites that receive septic tank waste and rules and regulations
relating thereto; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 revising
Code Section 12-8-41, relating to permits from the Department of Natural
Resources for land disposal sites that receive certain septic tank waste and
rules and regulations relating thereto, as follows:
"12-8-41.
The
department shall provide by rule or regulation for the regulation and permitting
of any land disposal site that receives septic tank waste from
more than
one
any one or
more septic tank pumping and hauling
business
businesses;
provided, however, that no such permit shall be issued except on the written
approval of the governing authority of each county in which such site is wholly
or partially located; provided, further, that no such approval shall be required
if such site was in operation as of July 1, 2002. No such site which was not in
operation on January 1, 2002, shall receive septic tank waste on or after July
1, 2002, unless a permit has been issued by the
department.
Any new permit
issued for such type of site on or after July 1, 2007, shall be issued by the
department under this Code section. Any such type of site that as of June 30,
2007, operated under a valid permit issued on or before such date by the
Department of Human Resources under Code Section 31-2-8 may continue to operate
under such Code section until July 1, 2012, but a permit shall be obtained from
the department under this Code section prior to such date in order to continue
such operation
thereafter."
SECTION
2.
Chapter
2 of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Human Resources, is amended by revising Code Section 31-2-8,
relating to permits from the Department of Human Resources for land disposal
sites that receive certain septic tank waste and rules and regulations relating
thereto, as follows:
"31-2-8.
The
Until July 1,
2012, the department shall provide by rule
or regulation for the regulation
and
permitting of any land disposal site that
receives septic tank waste from only one septic tank pumping and hauling
business and
which as of June 30, 2007, operated under a valid permit for such activity as
issued by the department under this Code
section;
provided, however, that no such permit shall be issued except on the written
approval of the governing authority of each county in which such site is wholly
or partially located. No such site which was not in operation on January 1,
2002, shall receive septic tank waste on or after July 1, 2002, unless a permit
has been issued by the department.
No new permit
shall be issued by the department under this Code section for such type of site
on or after July 1, 2007, but instead any new permit issued for such type of
site on or after such date shall be issued by the Department of Natural
Resources under Code Section 12-8-41. This Code section shall stand repealed on
July 1, 2012."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.