Georgia Asbestos Regulations
Created by FindLaw's team of legal writers and editors | Last reviewed December 06, 2018
Georgia's asbestos regulations have gone through many changes over the years. Asbestos was once commonly used in buildings because the mineral is both fire retardant and an excellent insulator. Unfortunately, the substance is also highly toxic and the serious, even life-threatening, illnesses caused by asbestos take years or even decades to manifest themselves.
When the drawbacks of asbestos use became apparent both state and federal governments passed laws limiting the use, handling, and disposal of asbestos-containing materials. Georgia was among the states that passed laws relating to asbestos, but over the years it struggled to finance the administration of these laws.
Georgia's asbestos regulations were administrated by the Land Protection Branch of the state's Environmental Protection Division. However, state funding for the Georgia Asbestos Program was dropped in 2009, at which time the control of the program was transferred to the U.S. Environmental Protection Agency's Region 4.
Georgia Asbestos Regulation Overview
The following chart provides an overview of the laws establishing Georgia's asbestos regulations.
|Georgia Code, Title 12, Conservation and Natural Resources, Chapter 12, Asbestos Safety Act, Section 12-12-1 et seq.
|Asbestos Removal Regulations
Georgia asbestos regulations require contractors to obtain a license prior to engaging in the removal or encapsulation of friable asbestos-containing materials.
A license isn't necessary if, incidental to their other activities, a licensed electrician, plumber, or other licensed contractor must remove less than 10 feet of asbestos material.
License may be denied, revoked or suspended where the applicant or holder makes a false statement in connection with their application, violates any rule or regulation relating to asbestos, or fails to demonstrate their qualification for the license.
Contractors must provide written notice of an asbestos abatement project to the director at least seven calendar days prior to commencement.
Upon determination that a violation has occurred, the director may issue an order to cease and desist. They may also apply with the superior court of the county to request an injunction or other court order relating to the activity.
Violations or refusal to comply with any final order can result in civil penalties of up to $25,000 per day. Each day a violation occurs is considered a separate violation.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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If you intend to remove asbestos, or if the removal of asbestos resulted in illness, you'll want to know the law to determine responsibility. A lawyer can help you receive compensation for your injuries, or help you plan compliance for your removal of these and other toxic materials. Contact a local personal injury attorney today to discuss your asbestos regulation-related concerns and learn how they can help.
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