Rule 672-8-.07 - Unlawful Junkyards(1) The Department, through its designated representatives shall inspect junkyards periodically to insure that they are being operated in accordance with the applicable laws, rules and regulations pertaining to junkyard control, and shall require that all screening materials be maintained in such a manner as to accomplish the objective of these rules. If the inspection discloses that a junkyard is being operated in violation of these rules or the provisions of Georgia Laws 1973, pp. 947, 1068-1069 (Code Section 32-6-240et seq., O.C.G.A.), the owner shall be informed in writing, sent by registered mail, stating the violation and instructing him to make the corrections within 60 days from the date of the letter.(2) If the owner fails to make the correction noted in the letter mentioned in subsection (a) above within the required time, the Department's representative making the inspection shall submit to the State Traffic and Safety Engineer the following information: (a) Name and address of the owner.(b) Type of business, i.e. sole proprietorship, partnership or corporation. If it is a partnership, all partners and the names and addresses of each shall be included.(d) Past record of compliance or noncompliance.(e) Number of times contacted by the Department's representative.(f) Date of each contact and results.(g) Recommendation as to what would be required to obtain compliance.(h) Type of material stored at junkyard and quantity.(i) Copy of letter sent to the owner in accordance with subsection (a) above.(3) The State Traffic and Safety Engineer shall review the above information, and, if further action is deemed necessary, the information will be forwarded to the Commissioner along with recommendations.(4) The Commissioner after reviewing the submitted information will determine if legal action should be taken to make the owner comply with Ga. Laws 1973, pp. 947, 1069-1070 and the provisions of these rules pertaining thereto, and if legal action is warranted, the information shall be submitted to the Attorney General with the request that necessary action be instituted.Ga. Comp. R. & Regs. R. 672-8-.07
Sec. 32-6-243, O.C.G.A. (Ga. L. 1973, pp. 947, 1069); Sec. 32-2-2(b), O.C.G.A. (Ga. L. 1973, pp. 947, 982); Sec. 50-13-4, O.C.G.A.
Original Rule entitled "Unlawful Junkyards" was filed on December 13, 1978, effective January 2, 1969.Amended: Filed June 24, 1987; effective July 14, 1987.