§ 12-16-23. Construction With Administrative Procedure Act
The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 12-16-23 , enacted by Ga. L. 2004, p. 329, § 3.
§ 12-16-21. Detailed Statement of Rationale for Regulatory Change Required
Prior to the board’s promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale: Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, […]
§ 12-16-22. Exceptions Allowed for Public Health and Welfare
Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health […]
§ 12-16-1. Short Title
This article shall be known and may be cited as the “Environmental Policy Act.” History. Code 1981, § 12-16-1 , enacted by Ga. L. 1991, p. 1728, § 1; Ga. L. 2004, p. 329, § 2.
§ 12-16-2. Legislative Findings
The General Assembly finds that: The protection and preservation of Georgia’s diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority; State agencies should conduct their affairs with an awareness that they are […]
§ 12-16-3. Definitions
As used in this article, the term: “A proposed governmental action which may significantly adversely affect the quality of the environment” means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state’s air, land, water, […]
§ 12-16-4. Determination of Adverse Effect on Quality of Environment; Environmental Effects Report; Consultation With Other Agencies; Publication of Notice of Proposed Action
The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the […]
§ 12-16-5. Public Hearing; Notice of Decision; Challenge to Decision
If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or […]
§ 12-16-6. Reconciliation of Existing Authority Required
All government agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this article, including the guidelines issued pursuant to Code Section 12-16-8, and shall […]
§ 12-16-7. Effect of Article on Federal Environmental Policy Requirements
Nothing in this article shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, except those specified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal […]