08 LC
25 4989
House
Bill 965
By:
Representatives Fludd of the
66th,
Bruce of the
64th,
Buckner of the
130th,
McKillip of the
115th,
and Thomas of the
100th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating
to waste management, so as to change certain provisions relating to definitions
relative to solid waste management; to change certain provisions relating to
powers and duties of the director of the Environmental Protection Division
relative to solid waste management; to change certain provisions relating to
authority to enter property for inspection and investigation relative to solid
waste management; to change certain provision relating to director´s orders
for corrective action relative to solid waste management; to change certain
provisions relating to hearings and review of actions and orders relative to
solid waste management; to change certain provisions relating to civil penalties
and procedures for violations relative to solid waste management; to change
certain provisions relating to criminal penalties for violations relative to
solid waste management; to change certain provisions relating to definitions
relative to hazardous waste management; to change certain provisions relating to
inspections and investigations relative to hazardous waste management; to change
certain provisions relating to proceedings for enforcement relative to hazardous
waste management; to change certain provisions relating to hearings on contested
matters and judicial review relative to hazardous waste management; to change
certain provisions relating to civil penalties and procedures for violations
relative to hazardous waste management; to change certain provisions relating to
criminal penalties relative to hazardous waste management; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 12 of the Official Code of Georgia Annotated, relating to waste
management, is amended in Code Section 12-8-22, relating to definitions relative
to solid waste management, by adding a new paragraph to read as
follows:
"(40.1)
'Treatment,' with respect to solid waste, means any thermal, physical, chemical,
or biological processes that change the characteristics of such waste in order
to reduce its volume or facilitate its disposal or recovery."
SECTION
2.
Said
chapter is further amended by revising paragraph (4) of subsection (a) of Code
Section 12-8-23.1, relating to powers and duties of the director of the
Environmental Protection Division relative to solid waste management, as
follows:
"(4)
To make investigations, analyses, and inspections to determine and ensure
compliance with this part, the rules and regulations promulgated under this
part, and any permits or orders which the director may
issue, and to
establish and implement a program to follow up and ensure that corrective action
is taken regarding any
violations;"
SECTION
3.
Said
chapter is further amended by revising Code Section 12-8-29.1, relating to
authority to enter property for inspection and investigation relative to solid
waste management, as follows:
"12-8-29.1.
The
director or his
or
her duly authorized representatives shall
have the power to enter at reasonable times upon any private or public property
for the purpose of inspection and investigation of conditions relating to solid
waste handling in this state.
The director
shall establish and implement a program of regular inspections of facilities for
purposes of this Code
section."
SECTION
4.
Said
chapter is further amended by revising Code Section 12-8-30, relating to
director´s orders for corrective action relative to solid waste management,
as follows:
"12-8-30.
Whenever
the director has reason to believe that a violation of any provision of this
part or any rule or regulation adopted pursuant to this part has occurred, he
or
she shall attempt to obtain a remedy with
the violator or violators by conference, conciliation, or persuasion. In the
case of failure of such conference, conciliation, or persuasion to effect a
remedy to such violation, the director may issue an order directed to such
violator or violators. The order shall specify the provisions of this part or
rule or regulation alleged to have been violated and shall order that necessary
corrective action be taken within a reasonable time to be prescribed in such
order, and any
facility that is subject to such an order shall cease operation unless and until
such corrective action has been taken.
Any order issued by the director under this part shall be signed by the
director. Any such order shall become final unless the person or persons named
therein request in writing a hearing no later than 30 days after such order is
served on such person or persons."
SECTION
5.
Said
chapter is further amended by revising Code Section 12-8-30.2, relating to
hearings and review of actions and orders relative to solid waste management, as
follows:
"12-8-30.2.
All
hearings on and review of contested matters and orders and all hearings on and
review of any other enforcement actions or orders under this part shall be
provided and conducted in accordance with subsection (c) of Code Section 12-2-2.
No stay of any
such enforcement action or order shall be issued or granted pending a hearing or
judicial review, the provisions of Code Section 50-13-19 to the contrary
notwithstanding."
SECTION
6.
Said
chapter is further amended by revising subsection (a) of Code Section 12-8-30.6,
relating to civil penalties and procedures for violations relative to solid
waste management, as follows:
"(a)
Any person, provided that person is a public authority or a city or county
government located within the boundaries of Georgia, violating any provision of
this part or rules or regulations adopted pursuant to this part or intentionally
or negligently failing or refusing to comply with any final or emergency order
of the director issued as provided in this part shall be liable for a civil
penalty of not
less than $250.00 but not to exceed
$1,000.00 for such violation and for an additional civil penalty
of not less
than $100.00 per day but not to exceed
$500.00 for each day during which such violation continues. Any person other
than a public authority or a city or county government located within the
boundaries of Georgia violating any provision of this part or intentionally or
negligently failing or refusing to comply with any final or emergency order of
the director issued as provided in this part shall be liable for a civil penalty
of not less
than $2,500.00 per day but not to exceed
$25,000.00 per day for each day during which such violation
continues."
SECTION
7.
Said
chapter is further amended by revising subsection (a) of Code Section 12-8-30.8,
relating to criminal penalties for violations relative to solid waste
management, as follows:
"(a)
Any person who:
(1)
Knowingly transports or causes to be transported any solid waste
as defined
in this part to a facility which does not
have a permit, which does not have a variance pursuant to this part, or which is
not subject to an order of the director which specifically authorized continued
operation of such facility;
(2)
Knowingly treats, processes, stores, or disposes of any solid waste
as defined
in this part:
(A)
Without a permit or an order of the director allowing such treatment,
processing, storage, or disposal of solid waste;
(B)
In knowing violation of any material condition or requirement of such permit or
order; or
(C)
In knowing violation of any material condition or requirement of any applicable
regulations or standards adopted by the board in accordance with Code Section
12-8-23;
(3)
Knowingly omits material, information, or makes any false material statement or
representation in any application, label, manifest, record, report, permit, or
other document filed, maintained, or used for purposes of compliance with this
part or regulations promulgated pursuant to this part;
(4)
Knowingly processes, stores, treats, transports, disposes of, or otherwise
handles any solid waste
as defined
in this part, and who knowingly destroys,
alters, conceals, or fails to file any record, application, manifest, report, or
other document required to be maintained or filed for purposes of compliance
with this part; or
(5)
Knowingly transports without a manifest or causes to be transported without a
manifest,
any solid waste required by this part to be accompanied by a
manifest
shall,
upon conviction, be subject to a fine of
not less than
$5,000.00 per day but not more than
$50,000.00 for each day of violation or imprisonment for not less than one nor
more than two years or, in the case of a violation of paragraph (1) or (2) of
this subsection, three years, or both. If conviction is for a violation
committed after a first conviction of such person under this subsection, the
maximum punishment under the respective paragraphs shall be doubled with respect
to both fine and imprisonment."
SECTION
8.
Said
chapter is further amended by revising paragraphs (9) and (10) of Code Section
12-8-62, relating to definitions relative to hazardous waste management, as
follows:
"(9)
'Hazardous constituent' means any substance listed as a hazardous constituent in
regulations promulgated by the administrator of the United States Environmental
Protection Agency pursuant to the federal act which are in force and effect on
February 1, 1996, codified as Appendix VIII to 40 C.F.R. Part
261—Identification and Listing of Hazardous Waste.
Such term
shall also include any degrade of a pesticide, including but not limited to
n-propyl mercaptan.
(10)
'Hazardous waste' means any solid waste which has been defined as a hazardous
waste in regulations promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal act which are in force
and effect on January 1, 2006, codified as 40 C.F.R. Section 261.3 and any
designated hazardous waste.
Such term
shall also include any pesticide, including but not limited to
ethoprop."
SECTION
9.
Said
chapter is further amended by revising subsection (a) of Code Section 12-8-70,
relating to inspections and investigations relative to hazardous waste
management, as follows:
"(a)
The director or the director´s authorized representative, upon presentation
of his or
her credentials, shall have a right to
enter upon, to, or through premises of persons subject to this article, or
premises whereon a violation of the article or rules and regulations is
reasonably believed to be occurring or is reasonably believed to be about to
occur, to investigate, take samples, copy all records relating to hazardous
wastes, and inspect for compliance with the requirements imposed under this
article or the rules and regulations or to determine whether such a violation or
threatened violation exists in accordance with the following
purposes:
(1)
Determining
For the
purpose of determining whether any person
subject to the requirements of this article is in compliance with any standard
or requirement imposed pursuant to this article;
(2)
Investigating
For the
purpose of investigating conditions
relating to hazardous waste management or hazardous waste management practices
where the director is in possession of information sufficient to form a
reasonable belief that a violation of this article or the rules and regulations
is occurring or is about to occur;
(3)
Determining
For the
purpose of determining whether there has
been a violation of any of the provisions of this article, the rules and
regulations promulgated under this article, or any permit or order issued
pursuant to this article and the rules and regulations; or
(4)
Determining
For the
purpose of determining whether a release
of hazardous wastes, hazardous constituents, or hazardous substances is
occurring or has occurred.
The
director shall establish and implement a program of regular inspections of
facilities for purposes of this
subsection."
SECTION
10.
Said
chapter is further amended by revising subsections (a) and (b) of Code Section
12-8-71, relating to proceedings for enforcement relative to hazardous waste
management, as follows:
"(a)
Whenever the director has reason to believe that a violation of any provision of
this part, a violation of any rule or regulation of the board, or a violation of
any order of the director has occurred, the director shall attempt to remedy the
same by conference, conciliation, and persuasion. In the case of failure of
such conference, conciliation, or persuasion to correct or remedy any violation,
the director may issue an order directed to such violator or violators. The
order shall specify the provisions of this part, the rules and regulations, or
the order alleged to have been violated and may direct that necessary corrective
action be taken within a reasonable time to be prescribed in the
order, and any
facility that is subject to such an order shall cease operation unless and until
such corrective action has been
taken.
(b)
Whenever the director has reason to believe that there is or has been a release
of hazardous waste or hazardous constituents into the environment, regardless of
the time at which release of such hazardous waste or hazardous constituents
occurred, and has reason to believe that such release poses a danger to health
or the environment, the director shall attempt to obtain corrective action for
such release by conference, conciliation, and persuasion. In the case of
failure of such conference, conciliation, or persuasion to obtain corrective
action, the director may issue an order directed to any person, including any
past or present generator, past or present transporter, or past or present owner
or operator of a hazardous waste treatment, storage, or disposal facility, who
has contributed or who is contributing to such release. The order may direct
that necessary corrective action be taken within a reasonable time to be
prescribed in the
order, and any
facility that is subject to such an order shall cease operation unless and until
such corrective action has been
taken."
SECTION
11.
Said
chapter is further amended by revising Code Section 12-8-73, relating to
hearings on contested matters and judicial review relative to hazardous waste
management, as follows:
"12-8-73.
All
hearings on and the review of contested matters, orders, or permits and all
hearings on and the review of any other enforcement actions or orders under this
article shall be provided and conducted in accordance with subsection (c) of
Code Section 12-2-2. The hearing and review procedure herein provided
is
shall
be to the exclusion of all other means of
hearing or review.
No stay of any
such enforcement action or order shall be issued or granted pending a hearing or
judicial review, the provisions of Code Section 50-13-19 to the contrary
notwithstanding."
SECTION
12.
Said
chapter is further amended by revising subsection (a) of Code Section 12-8-81,
relating to civil penalties and procedures for violations relative to hazardous
waste management, as follows:
"(a)
Any person violating any provision of this article, the rules or regulations
effective under this article, or any permit condition or limitation established
pursuant to this article or any person negligently or intentionally failing or
refusing to comply with any final or emergency order of the director issued as
provided in this article shall be liable for a civil penalty
of not less
than $2,500.00 per day but not to exceed
$25,000.00 per day. Each day during which the violation or failure or refusal
to comply continues shall be a separate violation."
SECTION
13.
Said
chapter is further amended by revising subsections (a) and (b) of Code Section
12-8-82, relating to criminal penalties relative to hazardous waste management,
as follows:
"(a)
Any person who:
(1)
Knowingly transports or causes to be transported any hazardous waste
as defined
in this article to a facility which does
not have a permit or interim status pursuant to Code Section 12-8-66, which does
not have a variance pursuant to Code Section 12-8-69, or which is not subject to
an order of the director which specifically authorized continued operation of
such facility;
(2)
Knowingly treats, stores, or disposes of any hazardous waste
as defined
in this article:
(A)
Without a permit or interim status pursuant to Code Section 12-8-66, a variance
pursuant to Code Section 12-8-69, or an order of the director allowing such
treatment, storage, or disposal of hazardous waste;
(B)
In knowing violation of any material condition or requirement of such permit,
interim status, variance, or order; or
(C)
In knowing violation of any material condition or requirement of any applicable
regulations or standards promulgated in accordance with Code Section
12-8-64;
(3)
Knowingly omits material information or makes any false material statement or
representation in any application, label, manifest, record, report, permit, or
other document filed, maintained, or used for purposes of compliance with this
article or regulations promulgated in accordance with Code Section
12-8-64;
(4)
Knowingly generates, stores, treats, transports, disposes of, exports, or
otherwise handles any hazardous waste
as defined
in this article, whether such activity
took place before or takes place after March 14, 1985, and who knowingly
destroys, alters, conceals, or fails to file any record, application, manifest,
report, or other document required to be maintained or filed for purposes of
compliance with this article or regulations promulgated in accordance with Code
Section 12-8-64; or
(5)
Knowingly transports without a manifest or causes to be transported without a
manifest,
any hazardous waste required by this article or regulations promulgated in
accordance with Code Section 12-8-64 to be accompanied by a
manifest
shall,
upon conviction, be subject to a fine of
not less than
$5,000.00 per day but not more than
$50,000.00 for each day of
violation,
or imprisonment for not less than one nor more than two
years,
or,
three
years in the case of a violation of
paragraph (1) or (2) of this
subsection,
three years, or both
such fine and
imprisonment. If the conviction is for a
violation committed after a first conviction of such person under this
subsection, the maximum punishment under the respective paragraphs shall be
doubled with respect to both fine and imprisonment.
(b)
Any person who knowingly transports, treats, stores, disposes of, or exports any
hazardous waste
as defined
in this article in violation of paragraph
(1), (2), (3), (4), or (5) of subsection (a) of this Code section and who knows
at that time that by such action another person is placed in imminent danger of
death or serious bodily injury shall, upon conviction, be subject to a fine of
not less than
$25,000.00 but not more than $250,000.00
or imprisonment for not less than one nor more than 15 years, or both. A
defendant that is an organization shall, upon conviction of violating this
subsection, be subject to a fine of
not less than
$100,000.00 but not more than $1
million."
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.