Bill Text: GA SB276 | 2009-2010 | Regular Session | Introduced

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Bill Title: Air Quality; provide collective emissions limitations for facilities emitting pentachlorophenol near primary/secondary schools

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-23 - Senate Read and Referred [SB276 Detail]

Download: Georgia-2009-SB276-Introduced.html

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09 LC 35 1451

Senate Bill 276

By: Senators Fort of the 39th and Reed of the 35th

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, so as to provide collective emissions limitations for facilities emitting pentachlorophenol near primary and secondary schools; to provide for legislative findings; to provide for penalties for noncompliance with such emissions limitations; to provide that compliance shall not alter the obligation to comply with other laws or regulations; to provide a definition of the term "pentachlorophenol"; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for conditions for permits; to provide for the effect of noncompliance with regard to permits; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly finds that the emission of pentachlorophenol has potential devastating effects on human health and the environment. Pentachlorophenol is classified by the Environmental Protection Agency as a carcinogen that causes tumors, Hodgkin's disease, soft tissue sarcoma, and acute leukemia. It is well documented that exposure to pentachlorophenol damages the liver, kidneys, thyroid, and brain and has been linked to the impairment of the immune system and central nervous system, birth defects, and respiratory illness. Many factors increase children's susceptibility to the toxic effects of this chemical and children are at a much higher risk than adults of being poisoned or suffering ill health effects from exposure to pentachlorophenol. Daily long term exposure by Georgia's children required to attend schools near facilities that emit pentachlorophenol greatly increases the chances that these innocent children will suffer life-threatening injury. It is incumbent upon the General Assembly to protect Georgia's children from exposure to the toxic pollutant, pentachlorophenol.

SECTION 2.

Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, is amended by adding a new Code section to read as follows:

"12-9-26.

(a) As used in this Code section, the term 'pentachlorophenol' means that chemical with the CAS registry number 87-86-5 and includes any substance by whatever trade name containing such chemical.

(b) A facility shall not emit pentachlorophenol in any amount if such facility is located within a two-mile radius of a public or private primary or secondary school building.

(c) Compliance with the emissions limitations set out in this Code section shall not alter the obligation of any person to comply with any other federal or state law, regulation, or rule relating to air quality or visibility. This Code section shall not be construed to limit the authority of the division to impose any additional specific limitations on the emission of pentachlorophenol. Any facility in violation of this Code section shall be subject to the penalties set forth in Code Sections 12-9-23 and 12-9-24.

(d) The director shall require that any permit or amended permit issued for a facility that is subject to this Code section or that is subject to other restrictions on the emission of pentachlorophenol as required by the division shall include the restrictions required by this Code section, including conditions that provide for testing, monitoring, record keeping, and reporting adequate information to assure compliance with such requirements. The director shall require the amendment of any permit previously issued to a facility to include such conditions. Failure to comply with this Code section or with regulations promulgated in accordance with this Code section shall be grounds for revocation, suspension, or amendment of any permit issued by the director.

(e) Any information, advice, findings, recommendations, or determinations provided by the director in accordance with this Code section shall not constitute a final agency decision within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and shall not be subject to review under that chapter.

(f) The Board of Natural Resources shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.

(g) For purposes of the enforcement of this Code section, the director shall be authorized to conduct public hearings as he or she deems necessary; to issue orders; to institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings; and to exercise all incidental powers necessary to carry out the purposes of this Code section.

(h) The provisions of Code Sections 12-9-15, 12-9-16, and 12-9-17 shall apply to orders and actions of the director relating to this Code section and to legal assistance from the Attorney General for actions in connection therewith."

SECTION 3.

This Act shall become effective on July 1, 2009.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.