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Environmental Law

HEALTH Health: Enact the "Georgia Smokefree Air Act of 2005"; Provide for Definitions; Prohibit Smoking in Certain Facilities and Areas; Provide for Exceptions; Provide That Entire Establishments, Facilities, or Outdoor Areas Shall Be Nonsmoking; Provi...

The Act prohibits smoking in all enclosed public places in Georgia. The Act exempts private residences, hotel and motel rooms (as long as the hotel or motel does not designate more than 20% of the rooms as smoking), retail tobacco stores, long term care facilities, outdoor areas of employment, smoking

CONSERVATION AND NATURAL RESOURCES Comprehensive State-Wide Water Management Planning Act: Enact the "Comprehensive State-Wide Water Management Planning Act"; Change Certain Provisions Relating to River Basin Management Plans; Require the Development ...

The Act replaces the Georgia rule relating to the development of water management plans for a series of rivers in Georgia by establishing a system to develop a comprehensive state-wide water management plan. The Act creates a water council that will work in cooperation with the Georgia Environmental Protection Division

CONSERVATION AND NATURAL RESOURCES Water Resources: Provide for Mandatory Sewer Privatization; Provide that Owners of Large Public Waste-Water Treatment Facilities Privatize the Operation and Maintenance of Their Systems of Violations of Permits Occur...

The Act requires owners of large public waste-water treatment facilities to privatize the operation and maintenance of their systems if certain violations of their permits occur. The Act sets forth schedules, milestones, and standards for the privatization process. The Act creates a privatization oversight committee and authorizes this committee to

CONSERVATION AND NATURAL RESOURCES Interstate Compacts: Allocate Surface Water Resources from the Alabama-Coosa-Tallapoosa River Basin Between Georgia and Alabama; Allocate Surface Water Resources from the Apalachicola-Chattahoochee-Flint River Basin ...

Act 6 enacts the Alabama-Coose-Tallapoosa between Georgia and Alabama of surface waters from the basin. Act 7 enacts the Apalachicola-Chattahoochee-Flint River Basin Compact for allocation among Alabama, Florida, and Georgia of surface waters from the basin. The Acts do not provide specific percentages or formulas under which the surface waters

CONSERVATION AND NATURAL RESOURCES Water Resources: Mandate Adoption of Construction Milestone Schedule to Meet Phosphorous Reduction Standards; Provide Schedules of Fines and Penalties Imposed for Failure to Meet Construction Schedule; Impose Fines a...

The Act mandates that the holders of certain waste water discharge permits who fail to meet existing phosphorous reduction standards shall adopt a schedule of construction milestones to reach amended standards established by the Act. The Act further imposes mandatory monetary penalties for failure to meet those milestones. The Act

CONSERVATION AND NATURAL RESOURCES Waste Management: Change Certain Hazardous Substance Reporting Fees; Limit Liability of Subsequent Purchasers of Certain Property; Exempt Certain Persons from Third-Party Liability; Provide Corrective Action Plan for...

The Act alters the reporting fees and liability of owners of property that falls under Georgia's Hazardous Waste Management laws. The Act exempts certain person from liability for clean-up costs and punitive damages by changing the definition of "a person who has contributed or who is contributing

CONSERVATION AND NATURAL RESOURCES Water Resources: Extend Maximum Duration of Water Use Permits; Provide for Water Development and Conservation Plans; Preserve the Department of Natural Resources' Right to Appeal Decisions of Administrative Law Judges

The Act extends the maximum duration of permits for withdrawal, diversion, or impoundment of surface waters and ground waters to fifty years. Permits for more than twenty-five years must be based on a water conservation and development plan. The Act also provides for administrative review of decisions under this title.

CONSERVATION AND NATURAL RESOURCES Control of Soil Erosion and Sedimentation: Establish "Best Management Practices" as Standard for General Permits for Land-Disturbing Activities

The Act grants authority to the Director of the Environmental Protection Division of the Department of Natural Resources to impose either effluent limitations or best management practices for erosion and sedimentation control in general water pollution discharge permits. Additionally, the Act requires, as a minimum, that rules and regulations governing

CONSERVATION AND NATURAL RESOURCES Waste Management: Require Compilation of Inventory of Hazardous Sites in Georgia and Require Disclosure of Property Owners of Hazardous Waste Contamination

The Act requires the Environmental Protection Division to compile and update an inventory of hazardous sites which list all the locations in Georgia where substantial amounts of hazardous waste have been dumped or released. The Act also sets forth disclosure requirements by owners of property contaminated with hazardous waste, and

CONSERVATION AND NATURAL RESOURCES Water Resources: Provide the Georgia Board of Natural Resources the Power to Regulate Land Application of Sewage Sludge and Provide the County in Which Sludge is Applied the Power to Assess Monitoring Fees

The Act gives the Board of Natural Resources the power to adopt technical regulations for the land application of sewage sludge. Anyone wishing to apply sludge to land must obtain permission from the Director of the Georgia Environmental Protection Division (EPD). The local governing authority where the land application site

CONSERVATION AND NATURAL RESOURCES Solid Waste Management: Permit Vertical Expansion of Municipal Solid Waste Landfills, Modify Solid Waste Management Planning Requirements, Exempt Waste-to-Energy Facilities from Source Reduction Calculations, Provide...

The Act seeks to reduce the amount of solid waste generated in the state by imposing restrictions on the disposal of tires and yard trimmings and by utilizing source reduction and planning methodologies. In addition, the Act seeks to expand Georgia's current municipal solid waste landfill space by