This article shall be known and may be cited as “The Georgia Air Quality Act.” History. Code 1933, 88-901, enacted by Ga. L. 1967, p. 581, § 1; Ga. L. 1978, p. 275, § 2; Ga. L. 1992, p. 918, § 3; Ga. L. 1992, p. 2886, § 1. Law reviews. For article with annual […]
The owner or operator of any stationary source shall pay to the division as a condition of any permit required under this article or under Ga. L. 1967, p. 581, as amended, an annual fee, or its equivalent over some other period, sufficient to cover: The reasonable cost of reviewing and acting upon any application […]
For the purpose of (1) determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article, or (2) investigating conditions relating to air pollution or possible air pollution, where the director is in possession of information sufficient to form a reasonable belief […]
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 article, he may make application to the superior court of the county in which the unlawful act or practice has been or is […]
Whenever the director has reason to believe that a violation of any provisions of this article or rule or regulation of the Board of Natural Resources or any order of the director has occurred, he may issue such orders and take such actions as are authorized by this article to require such person or persons […]
Notwithstanding any other provision of this article, the director, upon receipt of evidence that a source or facility or combination of sources or facilities is presenting imminent and substantial danger to the health of persons, may bring an action as provided in Code Section 12-9-12 immediately to restrain any person causing or contributing to the […]
Any person who is aggrieved or adversely affected by any order or action of the director pursuant to this article shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural […]
Any order of a hearing officer issued after a hearing as provided in Code Section 12-9-15 or 12-9-22, or any order of the director issued under Code Section 12-9-13, 12-9-20, or 12-9-22, either: Unappealed from, as provided in those Code sections; or Affirmed or modified pursuant to judicial review provided by this article or Chapter […]
It shall be the duty of the Attorney General to represent the director or designate some member of his staff to represent the director in all actions in connection with this article. History. Ga. L. 1978, p. 275, § 19; Ga. L. 1992, p. 918, § 2; Ga. L. 1992, p. 2886, § 1.
Notwithstanding any other provision of this article relating to the authority, power, and responsibility of the Board of Natural Resources, department, division, or director, the Governor is authorized to designate air quality regions within the state as provided in 42 U.S.C. Section 7407(e); petition the President as provided in 42 U.S.C. Section 7410(f); make application […]
Information relating to secret processes, devices, or methods of manufacture or production obtained by the division in the administration of this article shall be kept confidential; provided, however, reports on the nature and amounts of stationary source emissions obtained by the division shall be available for public inspection from the division. This Code section shall […]
It is declared to be the public policy of the State of Georgia to preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to attain and maintain ambient air quality standards so as to safeguard the public health, safety, and welfare consistent with providing for […]
To the extent that they are consistent with the provisions of this article, all rules and regulations issued by the department before July 1, 1992, shall continue in full force and effect. Any permit issued by the department pursuant to this article before July 1, 1992, shall continue in effect until the permittee is required […]
Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order: With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or […]
The following sources shall be subject to noncompliance penalties under the conditions specified in this Code section: Any major stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or compliance schedule under any applicable provision of this article or any rule, regulation, permit, consent order, or decree, whether […]
Any person violating any provision of this article or rules or regulations promulgated pursuant to this article or any permit condition or limitation established pursuant to this article, or failing or refusing to comply with any final order of the director issued as provided in this article shall be liable for a civil penalty of […]
Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article or knowingly introduces or releases into the air or atmosphere pollutants or […]
In addition to any other powers which the board may have, the board shall have the authority to establish rules, regulations, standards, policies, and procedures for the implementation of a small business stationary source technical and environmental compliance program, provided that the requirements for the program shall be no less stringent than the requirements of […]
As used in this article, the term: “Administrator” means the administrator of the United States Environmental Protection Agency. “Air-cleaning device” means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere. “Air contaminant” means solid or liquid particulate matter, dust, fumes, gas, mist, smoke, or vapor or […]
The division is designated as the state agency to administer this article consistent with the policy stated in Code Section 12-9-2. History. Code 1981, § 12-9-4 , enacted by Ga. L. 1992, p. 918, § 2; Ga. L. 1992, p. 2886, § 1.
