Title 12, Chapter 8, Section 25
( 12-8-25)
(a)(1) Except as otherwise provided in subsection (b) of this Code
section, to encourage cooperation between the various counties,
from March 15, 1988, through April 1, 1990, no permit shall be
issued for a solid waste disposal facility in any county having a
population of more than 350,000 according to the United States
decennial census of 1980 or any future such census if any part of
the site is within one-half mile of an adjoining county without
the applicant's first receiving the express approval of the
governing authority of that adjoining county; provided, however,
that the director may permit such a facility if the applicant
provides evidence that no alternative sites or methods are
available in that jurisdiction for the handling of its solid
waste. This paragraph shall apply to all permit applications that
are pending or made on or after March 15, 1988, and to all permits
issued prior to May 1, 1988, which permits are the subject of an
appeal or judicial review and such appeal or judicial review is in
process. (2) Except as otherwise provided in subsection (b) of this Code
section, until after April 1, 1990, no permit shall be issued to a
private applicant for a solid waste disposal facility in any
county of this state having a population of more than 350,000
according to the United States decennial census of 1980 or any
future such census if any part of the site is within two miles of
an adjoining county without the applicant's first receiving
express approval of the governing authority of the adjoining
county. As used in this paragraph, the term "private applicant"
means any private person, firm, corporation, or other private
entity, and the term does not mean or include the United States
government or any agency thereof, the State of Georgia or any
agency, institution, or public authority thereof, or any county or
municipality of this state. As used in this paragraph, the term
"solid waste disposal facility" shall not mean or include any
solid waste disposal facility which incorporates waste to energy
processing, recycling, activities associated with the recycling
process, or any combination of the foregoing. (3) Except as otherwise provided in subsection (b) of this Code
section, to encourage cooperation among the various cities and
counties, after April 4, 1997, no permit shall be issued for a
municipal solid waste disposal facility in any city or county if
any part of the site is within one-half mile of the boundaries of
such city or county adjoining any city or county in this state
without the applicant's first receiving the express approval of
the governing authority of that adjoining city or county;
provided, however, that the director may permit such a facility if
the applicant provides evidence that no alternative sites or
methods are available in that jurisdiction or in any adjoining
jurisdiction of the affected city and county for the handling of
its solid waste. This paragraph shall apply to all permit
applications that are pending on or made after April 4, 1997, and
to all permits issued prior to such date, which permits are the
subject of an appeal or judicial review and such appeal or
judicial review is in process. (b) The consent of an adjoining city or county as provided in
subsection (a) of this Code section shall not be required either by
new permit or by modification of an existing permit when the
expansion of an existing municipal solid waste disposal facility is
granted by the director or when the ownership, direct or indirect,
of an existing municipal solid waste disposal facility is
transferred. |