§ 12-12-1. Short Title
This chapter shall be known and may be cited as the “Georgia Asbestos Safety Act.” History. Code 1981, § 12-12-1 , enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1.
§ 12-12-10. Notice of Commencement of Project; Contents; Project Fee; Certification of Completion
From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; provided, however, that the contractor shall notify the director of the activity within […]
§ 12-12-11. Compliance With Chapter Required
It shall be unlawful for any person, acting either as an asbestos supervisor or contractor, to engage in the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter […]
§ 12-12-12. Investigation Rights of Director; Contractor to Make Records Available
The director or his or her authorized employees, upon a presentation of his or her credentials, shall have a right to enter the premises of persons subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance […]
§ 12-12-13. Cease and Desist Orders
Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he or she may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable. History. Code 1981, § 12-12-13 […]
§ 12-12-14. Injunctions; Restraining and Other Orders
Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is […]
§ 12-12-15. Imminent and Substantial Danger; Remedies of Director
Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-14 to restrain immediately any person causing or contributing to the alleged danger or to take such other […]
§ 12-12-16. Civil Penalty for Violation; Hearing and Judicial Review; Disposition of Penalties
Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a […]
§ 12-12-17. Hearing and Judicial Review Procedure
All hearings on and judicial review of orders or other administrative enforcement actions of the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. History. Code 1981, § 12-12-17 , enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1.
§ 12-12-18. Judgment in Accordance With Order of Director or Administrative Law Judge
Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, […]
§ 12-12-19. Attorney General to Provide Legal Representation
It shall be the duty of the Attorney General to provide legal representation to the director in connection with this chapter. History. Code 1981, § 12-12-19 , enacted by Ga. L. 1986, p. 1157, § 1; Ga. L. 1996, p. 238, § 1.
§ 12-12-2. Purpose of Chapter
The purpose of this chapter is to protect the public health, safety, and environment of the people of this state by authorizing the Board of Natural Resources to adopt, administer, and enforce a program for licensing contractors and for requiring training for asbestos supervisors, and by managing the removal or encapsulation of friable asbestos-containing materials […]
§ 12-12-20. Sovereign Immunity Not Waived; Legal Duties of Contractor, Project Monitor, or Asbestos Worker Not Relieved by Chapter
Nothing in this chapter is intended to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Toxic Substances Control Act or the federal Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the federal Occupational Safety […]
§ 12-12-21. Sovereign Immunity
Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee thereof for damages sustained from the improper or unlawful removal or encapsulation of friable […]
§ 12-12-3. Definitions
As used in this chapter, the term: “Asbestos” means any naturally occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomite-grunerite; amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite. “Asbestos supervisor” means any individual who is employed or engaged by a contractor to supervise the removal, encapsulation, cleaning, or […]
§ 12-12-4. Rules and Regulations; Schedule of Contractor License and Project Fees
The board shall have the power to adopt and amend rules and regulations necessary to license contractors, to ensure proper training for asbestos supervisors, and to ensure proper performance of asbestos removal and encapsulating projects and compliance with any provision of this chapter, to implement programs of inspection and enforcement, and to adopt a schedule […]
§ 12-12-5. Powers and Duties of Director
The director shall have the following powers and duties: To collect all fees authorized by this chapter and remit such fees to the state treasury; To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter; To license contractors, and to deny, suspend, […]
§ 12-12-6. License Requirement; Application; Renewal; Exception
From and after July 1, 1996, any contractor shall obtain a license as required by rules and regulations established under this chapter prior to engaging in the removal or encapsulation of friable asbestos-containing materials from any facility or residential dwelling in this state. Any contractor holding a valid license on June 30, 1996, shall be […]
§ 12-12-7. Training Requirements
From and after July 1, 1996, no person may be employed as an asbestos supervisor unless that person has satisfied the training requirements as required by rules and regulations established under this chapter. Any asbestos supervisor holding a valid certificate on June 30, 1996, shall be considered to have satisfied the training requirements as required […]
§ 12-12-8. Reciprocity
The director, upon application, may issue a license to any person who holds a license in any state, territory, or possession of the United States, provided that the licensing requirements of asbestos abatement contractors under which the person’s license was issued do not conflict with this chapter and are of a standard not lower than […]