Bill Text: GA HB1059 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Solid waste management; permits for handling, disposal, or treatment; change provisions
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2010-07-01 - Effective Date [HB1059 Detail]
Download: Georgia-2009-HB1059-Comm_Sub.html
10 HB
1059/SCSFA/2
SENATE
SUBSTITUTE TO HB 1059:
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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 permits for solid
waste or special solid waste handling, disposal, or thermal treatment technology
facilities and inspection of solid waste generators; 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 in 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, by revising paragraph (1) of subsection
(e) as follows:
"(e)(1)(A)
Reserved.
(B)
The director may suspend, modify, or revoke any permit issued pursuant to this
Code section if the holder of the permit is found to be in violation of any of
the permit conditions or any order of the director or fails to perform solid
waste handling in accordance with this part or rules promulgated under this
part.
(C)(i)
The director may modify any permit issued pursuant to this Code section in
accordance with rules promulgated by the board. All modifications of existing
permits shall be classified by the board as either major or minor
modifications.
(ii)
All modifications of existing permits to allow vertical or horizontal expansion
of existing disposal facilities, except a facility operated by a utility
regulated by the Public Service Commission, shall be classified as major permit
modifications and shall not be granted by the director sooner than three years
from the date any such facility commenced operation; provided, however, that a
permit may be modified by the director to allow a vertical or horizontal
expansion one time within three years from the date the facility commenced
operation so long as the capacity of the facility is not increased more than 10
percent.
(iii)
All modifications of permits for existing municipal solid waste disposal
facilities for the addition at such facility of a recovered materials processing
facility shall be classified as minor permit modifications, provided the
location of such facility complies with the same buffer requirements applicable
to the disposal facility. Such materials shall be reported at the disposal
facility separately from waste materials destined for disposal. Operators of
such disposal facilities shall report to the Department of Community Affairs on
an annual basis the total amounts of such materials diverted from landfill
disposal.
(iv)
The disposal facility permit holder shall provide written notification to the
chief elected official of the jurisdiction in which the facility is located at
least 30 days prior to starting any recovered materials processing facility.
This notification shall include an indication of whether or not the ten-year
demonstrated capacity of the landfill will be reduced. The permit holder shall
comply with all applicable local zoning ordinances. If necessary to satisfy
local solid waste planning and reporting requirements, disposal facility
operators may be required by the county, municipality, or solid waste management
authority for the jurisdiction in which the disposal facility is located to
report the total amounts of such materials diverted from landfill
disposal."
SECTION
2.
Said
part is further amended by revising Code Section 12-8-27, which is reserved, as
follows:
“12-8-27.
No local government may require, as a condition of or consideration for a solid waste hauling contract, any person to use methane gas generated at a landfill in their vehicles.”
“12-8-27.
No local government may require, as a condition of or consideration for a solid waste hauling contract, any person to use methane gas generated at a landfill in their vehicles.”
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.