As used in this part, the term:
in O.C.G.A. § 12-8-51 pertaining to the power of solid waste management authorities to enter agreements in furtherance of projects, providing for “exclusive” rights regarding solid waste, served to shield the officials from federal antitrust liability. James Emory, Inc. v. Twiggs County, 883 F. Supp. 1546 (M.D. Ga. 1995).
Zoning board’s actions in denying landfill developer a permit for the vertical expansion of its landfill made pursuant to the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-51(b), were shielded from federal antitrust liability under the Sherman Act, 15 U.S.C. § 2. BFI Waste Sys. of N. Am. v. Dekalb County, 303 F. Supp. 2d 1335 (N.D. Ga. 2004).
(1) “Authority” means each public corporation created pursuant to
this part.
(2) “Collection” means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place at which it is to be processed.
(3) “Cost of project” means all costs of site preparation and other
start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all
expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this part. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of user fees, of revenue bonds or notes issued under this part for such project, or from other revenues obtained by the authority.
(4) “County” means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations.
(5) “Governing body” means the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the state.
(6) “Municipal corporation” means any city or town in this state. (7) “Project” means:
(A) The collection, transportation, and management of solid waste and shall also mean any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, utilization, or final disposal of resources contained in solid waste, including the conversion of solid waste or resources contained therein into compost, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of solid waste in connection with the foregoing; and
(B) Any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, or utilization of water resources and the conversion of such resources into any compost or useful form of energy.