08 LC 34
1613S
The
Senate Transportation Committee offered the following substitute to SB
420:
LOST
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating
to control of soil erosion and sedimentation, so as to exempt the Department of
Transportation and its contractors from civil penalties levied for violations;
to provide for applicability and an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 12 of the Official Code of Georgia Annotated, relating to control of
soil erosion and sedimentation, is amended by revising Code Section 12-7-15,
relating to civil penalties for violating provisions regarding soil erosion and
sedimentation, as follows:
"12-7-15.
Any
person who violates any provision of this chapter, the rules and regulations
adopted pursuant to this chapter, or any permit condition or limitation
established pursuant to this chapter or who negligently or intentionally fails
or refuses to comply with any final or emergency order of the director issued as
provided in this chapter shall be liable for a civil penalty not to exceed
$2,500.00 per day. For the purpose of enforcing the provisions of this chapter,
notwithstanding any provision in any city charter to the contrary, municipal
courts shall be authorized to impose a penalty not to exceed $2,500.00 for each
violation. Notwithstanding any limitation of law as to penalties which can be
assessed for violations of county ordinances, any magistrate court or any other
court of competent jurisdiction trying cases brought as violations of this
chapter under county ordinances approved under this chapter shall be authorized
to impose penalties for such violations not to exceed $2,500.00 for each
violation. Each day during which the violation or failure or refusal to comply
continues shall be a separate violation.
The Department
of Transportation or any contractor working under a contract for such department
shall not be assessed any civil penalties under the provisions of this Code
section; provided, however, nothing in this chapter shall diminish the property
rights of any landowner adversely affected by construction activity of the
Department of
Transportation."
SECTION
2.
Said
chapter is further amended by revising paragraph (9) of Code Section 12-7-17,
relating to exemptions from the provisions governing soil erosion and
sedimentation, as follows:
"(9)
Construction or maintenance projects, or both, undertaken or financed in whole
or in part, or both, by the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority; or any road construction or
maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the Department
of Transportation or the State Road and Tollway Authority which disturb one or
more contiguous acres of land shall be subject to the provisions of Code Section
12-7-7.1; except where the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority is a secondary permittee for
a project located within a larger common plan of development or sale under the
state general permit, in which case a copy of a notice of intent under the state
general permit shall be submitted to the local issuing authority, the local
issuing authority shall enforce compliance with the minimum requirements set
forth in Code Section 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit
holders;
provided, further, that the Department of Transportation or any contractor
working under a contract for such department shall not be assessed civil
penalties under Code Section
12-7-15;"
SECTION
3.
This
Act shall become effective on July 1, 2008, and apply to any proceeding
initiated on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.