The Georgia Hazardous Waste Management Act – O.C.G.A. 12-8-60 et seq.

 

The Georgia Hazardous Waste Management Act covers the generation, transportation, treatment, storage, and disposal of hazardous wastes and supplements RCRA.

 

Classifications of non-compliance

 

Violators are classified based on an analysis of the facility’s overall compliance with RCRA which includes prior recalcitrant behavior or a history of non-compliance.  This establishes two categories of violators: Significant Non-Compilers (SNC) and other Secondary Violators (SV).

 

Significant Non-Compilers (SNCs)

 

SNCs are those facilities which have caused actual exposure or a substantial likelihood of exposure to hazardous waste or hazardous waste constituents; are chronic or recalcitrant violators; or deviate substantially from the terms of a permit, order, agreement or from RCRA statutory or regulatory requirements. The actual or substantial likelihood of exposure can be evaluated using facility specific environmental and exposure information whenever possible. This may include evaluating potential exposure pathways and the mobility and toxicity of the hazardous waste being managed. However, environmental impact alone is sufficient to cause a facility to be a SNC, particularly when the environmental media affected require special protection (e.g., wetlands or sources of underground drinking water). Facilities are evaluated on a multi-media basis; however, a facility may be found to be a chronic or recalcitrant violator based solely on prior RCRA violations and behavior.

 

Secondary Violators

 

Secondary Violators are violators which do not meet the criteria listed above for SNCs. Secondary Violators (SV) are typically first time violators and/or violators which pose no actual threat or a low potential threat of exposure to hazardous waste or constituents. A facility classified as a SV should not have a history of recalcitrant or non-compliant conduct. Violations associated with a SV should be of a nature to permit prompt return to compliance with all applicable rules and regulations.

 

Penalties

 

$32,500 / day / listed chemical for violation under § 3008(a)

$32,000 / day / listed chemical for violation under § 3008(h)

$6,500 / day / listed chemical for violation under § 3013

$6,500 / day / listed chemical for violation under § 7003

These penalties can be sought through either administrative or civil proceedings.  DOJ can also seek felony criminal prosecution under § 3008.

 

Christopher R. Reeves, EPD, EPA, Georgia, Environmental, attorney, litigator, litigation, water, pollution, lawyer, finley, law, firm, regulations, administrative, climate change, esq, toxic, land

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