Other Laws

Other chapters of the EJ Green Book have discussed many of the most important, and most used, environmental statutes. A host of other statutes, however, may apply to a given situation. Most of these statutes are administered by either the U.S. Environmental Protection Agency (EPA) or the Environmental Protection Division of the Georgia Department of Natural Resources (EPD).

This chapter includes a high-level overview of a few more laws you may encounter when pursuing environmental justice. This list is not exhaustive, and many of these laws have exemptions or nuances that are beyond the scope of this chapter. If you have questions, please reach out to a lawyer for assistance. In addressing any environmental justice issue, one of your first tasks will be to determine which of these laws might apply to the situation you are facing.

Air

Georgia Air Quality Act

(O.C.G.A. §§ 12-9-1 to -25)

The Georgia Air Quality Act is the state law under which EPD administers the Clean Air Act, discussed in Air Pollution. The Georgia act does not impose any requirements in addition to those of the federal act.

Land

Georgia Environmental Policy Act

(O.C.G.A. §§ 12-16-1 to -23)

The Georgia Environmental Policy Act (GEPA) is the state’s version of the National Environmental Policy Act (NEPA). This Act mainly applies to construction projects undertaken by state agencies.

The Act requires that the responsible official for the agency consider whether the proposed project will significantly affect the environment, and the Act requires the agency to prepare an Environmental Effects Report. Similar to an Environmental Impact Statement under NEPA, the Environmental Effects Report should discuss the environmental effects, mitigation measures that may be undertaken, and any reasonable alternatives.

This report must be prepared at least 45 days before a decision is reached and published in the county of the proposed action. The report must be made available to counties, municipalities, institutions, and the general public upon request.

Citizens may request a public hearing on the proposed action. However, this request must be made in writing within 30 days of publication of the report and at least 100 Georgia residents must make the request. The responsible official must consider all comments made during the hearing in deciding whether to proceed with the agency action.

Water

Georgia Erosion and Sedimentation Act

(O.C.G.A. §§ 12-7-1 to -22)

The Georgia Erosion and Sedimentation Act was enacted to protect and restore the quality of Georgia’s rivers and streams, which have been impacted by development and its sediment-laden stormwater runoff. The Act is administered by EPD and local governments.

The Act requires that each county or municipality in the state adopt a comprehensive ordinance establishing procedures to govern land-disturbing activities (like construction) based on the minimum requirements established by the Act.

The Act regulates land disturbing activities, which are defined as any activity which may result in soil erosion from water or wind, and includes clearing, dredging, grading, excavating, transporting, and the filling of land.

The Act requires permits, called “land disturbing activity permits,” for all land disturbing activities that are not expressly exempted by the Act.

Permit applications must be accompanied by an erosion and sedimentation control plan, which must be approved prior to issuance of a permit. If the project you are concerned about does not have an Erosion and Sedimentation Act permit, it may have a permit addressing these concerns through the Clean Water Act’s NPDES permit system.

See Water Quality Permitting for more on the NPDES permit system and Knowing What’s in Your Neighborhood for more about locating a specific permit.

The Act has specific exemptions for certain activities:

• • Construction of single-family residences disturbing less than one acre and not part of a larger development scheme are exempt from the permitting process, but still must meet the minimum protections set forth in the Act.
  • Certain mining activities, agricultural practices, farming operations, forestry land management practices, transportation projects, airport projects, electrical utility projects, and public utility projects are exempt from both the permitting process and the minimum protections.

The Act requires that any non-exempt land disturbing activity comply with the “best management practices” to reduce erosion and sedimentation.

Best management practices are conservation and engineering practices that prevent and minimize erosion and resultant sedimentation. Best management practices must be consistent with, and no less stringent than, the practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the State Soil and Water Conservation Commission in the year the land-disturbing activity was permitted.

Examples of minimum practices required by the Act include:

• • Minimizing erosion from vegetative stripping and regrading
  • Preserving natural vegetation when possible
  • Reducing cut and fill operations
  • Stabilizing disturbed areas
  • Limiting exposure to erosive elements
  • Providing sedimentation control and treatment to ensure adjacent waters are not affected

Another minimum protection established in the Act is a 25-foot buffer along the banks of any State water, including coastal marshlands. This buffer is extended to 50 feet if the water is a trout stream. Development activities are prohibited in these buffers unless a “variance” is granted by the director of the Department of Natural Resources, the specific criteria for which are determined by the Board of Natural Resources. See Land Use Planning and Zoning for more information about variances.

Either the director of the EPD or the local authority (the governing body authority of any county or municipality that is certified pursuant to the Act) may issue an order to any person that does not comply with the requirements of the Act requiring work to stop until corrective actions have been undertaken. The violator may be subject to permanent or temporary injunctions, restraining orders, and civil penalties up to $2,500 per day or violation.

Individuals and communities can play a large role in carrying out the mission of the Act.

With the vast amount of land development occurring in the state of Georgia, the EPD lacks the manpower to monitor and ensure compliance at all sites at all times. The public can alert the EPD to violations of the Act and ensure that corrective actions are taken before water quality is further impaired.

Endangered Species Act

(16 U.S.C. §§ 1531-1544)

The Endangered Species Act (ESA) was enacted to protect endangered or threatened species and their ecosystems.

The Act defines an endangered species as “any species which is in danger of extinction throughout all or a significant portion of its range.”

A threatened species is “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.”

The Act only protects species that are listed on the federal list of endangered and threatened wildlife and plants. Species can become listed in two ways:

1. 1. On the initiative of the Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS).
   2. When an individual or organization petitions FWS or NMFS to conduct a scientific review.

The Act is administered by two agencies — the U.S. Fish and Wildlife Service, within the Department of Interior, and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, within the Department of Commerce. Out of the two, the FWS plays the predominant role because it is responsible for freshwater fish and all land species. NMFS has responsibility over ocean species.

Under the Act, federal agencies are forbidden to authorize, fund, or take any action that may jeopardize the continued existence of endangered or threatened species or their critical habitat.

The critical habitat of a species is the geographic area that the species needs for food, shelter, reproduction, or otherwise continued normal existence. The Act provides that an agency, corporation, or individual cannot harm, harass, or kill an endangered or threatened species without a permit. You can search for endangered species in your area here.

The ESA provides for citizen suits in §1540(g). While the Act targets animal and plant protection, suits brought to stop actions harming animals or plants may also protect communities that share land with endangered, threatened, or presumed endangered or threatened species.

These communities can use citizen suits to halt or slow development and other actions. It may be in the interest of the community to bring a citizen suit under the ESA because an action harming an endangered species in a populated area may also harm the human inhabitants in the area, even if the only legal recourse is to sue to protect the species, rather than the human community. See Citizen Suits for more about the process to bring a citizen suit.

Georgia Asbestos Safety Act

(O.C.G.A. §§ 12-12-1 to -21)

Asbestos is a mineral fiber that is resistant to heat and corrosion. Because of these properties, asbestos was historically added to products to increase their strength and provide heat insulation and fire resistance.

When disturbed, microscopic asbestos fibers become airborne and can be inhaled, causing them to become permanently trapped in the lungs. The build-up of asbestos in the lungs causes serious health problems such as lung disease and cancer.

The Asbestos Safety Act (ASA) is a state law enacted to protect public health, safety, and the environment by establishing licensing, training, and project notification requirements for contractors engaged in the removal or encapsulation of asbestos from facilities or residential dwellings.

Under the Act, only contractors who are licensed by satisfying specific training requirements and paying licensing fees can perform this type of work. The law requires that contractors notify EPD of asbestos removal or encapsulation projects prior to commencing the activity.

Under the Act, EPD has the authority to inspect and sample project sites for compliance with the regulation and asbestos handling guidelines. If the agency determines that the site is not in compliance, a cease and desist order may be issued. Civil penalties up to $25,000 per day may also be assessed for failure to comply.