§ 26-76. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Accident shall mean any event involving the spillage, discharge, leakage, release, or exposure in any other fashion of any hazardous materials in or to the physical environment, whether air, water, or land, within the territorial boundaries of unincorporated Fulton County.

    Hazardous materials shall include but not be limited to, all chemicals, materials, or substances that may be so defined as provided for in 49 USCA 1803 including, but not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases which, because of quantity, concentration, or physical, chemical or infectious characteristics may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise handled.

    Person shall include any individual, company, organization, association, or other entity, that manufactures, uses, transports, stores, or otherwise handles hazardous materials as defined herein, whether or not such entity continually or only incidentally engages in such activity and whether or not such activity is entered into for profit.

    Responsible person shall mean any person as defined herein who has caused, whether directly or indirectly, a hazardous material to be manufactured, used, stored, transported, or otherwise introduced within the territorial boundaries of unincorporated Fulton County.

    Violative act shall mean any act, taken by or attributable to, whether directly or indirectly, any person as defined herein that in any way violates or in any manner fails to comply with any of the provisions of the following federal and state laws or regulations concerning hazardous wastes:

    (1)

    Federal statutes:

    a.

    The Atomic Energy Act, 42 USCA 2011 et seq. (1971).

    b.

    The Clean Water Act, 33 USCA 431 et seq.

    c.

    The Clean Air Act, 42 USCA 1857 et seq.

    d.

    The Hazardous Materials Transportation Act, 46 USCA 170; 49 USCA 1801—1812.

    e.

    The Solid Waste Disposal Act, 42 USCA 251—3259.

    f.

    The Resource and Recovery Act, 42 USCA 3251 et seq.

    g.

    The Toxic Substance Control Act, 15 USCA 2601—2629.

    (2)

    Federal Code of Regulations:

      

    a.

    10 CFR: Energy. 10 CFR D.735-1 et seq.

    b.

    40 CFR: Protection of Environment. 10 CFR 15.1—15.41; 10 CFR 25.1—25.4; 10 CFR 50.1—50.12; 10 CFR 51.1—51.328.

    c.

    49 CFR: Transportation. 49 CFR 171.7171.500-18.

    (3)

    Georgia Statutes:

    a.

    The Georgia Civil Defense Act of 1951, as amended, O.C.G.A. § 34-3-1 et seq.

    b.

    Interstate Civil Defense and Disaster Compact Act, O.C.G.A. § 38-3-70 et seq.

    c.

    The Water Quality Control Act, O.C.G.A. §§ 12-5-21—12-5-41.

    d.

    The Erosion and Sedimentation Control Act of 1975, as amended, O.C.G.A. §§ 12-7-11—12-7-16.

    e.

    The Radiation Control Act of 1964, as amended, O.C.G.A. §§ 31-13-1—31-13-12.

    f.

    The Georgia Safe Drinking Water Act of 1977, as amended, O.C.G.A. §§ 12-5-171—12-5-173.

    g.

    The Georgia Air Quality Act of 1978, as amended, O.C.G.A. § 12-5-170 et seq.

    h.

    The Transportation of Hazardous Materials Act of 1979, as amended, O.C.G.A. §§ 36-6-220—36-6-224.

    i.

    The Hazardous Waste Management Act of 1979, O.C.G.A. §§ 12-8-60—12-8-76.

    (4)

    Georgia regulations:

    a.

    The State of Georgia Natural Disaster Operations Plan, Executive Order of the Governor, February 8, 1978.

    b.

    Department of Natural Resources, Rules and Regulations, Solid Waste Management, chapter 391-3-4.

    c.

    Department of Natural Resources, Rules and Regulations, Radioactive Waste Material Disposal, chapter 391-3-9.

    d.

    Department of Transportation, Rules and Regulations, Transportation of Hazardous Materials, chapter 672-10.

    e.

    Department of Natural Resources, Rules and Regulations, Governmental Protection, Inspection and Maintenance, chapter 391-3-10.

(Code 1983, § 27-5-1)

Cross reference

Definitions generally, § 1-2.