§ 32-4-4 - Determination by entity on asbestos pipe; removal and disposal
O.C.G.A. 32-4-4 (2010)
32-4-4. Determination by entity on asbestos pipe; removal and disposal
(a) As used in this Code section, the term "entity" means a county, a municipality, a consolidated government, or a local authority.
(b) Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such pipe exists in the rights of way of any road, bridge, or other transportation project authorized pursuant to this title, and the entity determines that such pipe should no longer be utilized, the entity that owns and operates the utility facility shall have the discretion to:
(1) Remove and dispose of the asbestos pipe in accordance with federal laws and regulations;
(2) Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or
(3) Allow the pipe to remain undisturbed in the ground and take no further action.
(c) At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.
(d) Any costs, claims, or other liability associated with the entity's decision pursuant to subsection (b) of this Code section shall be borne by the entity and may be subject to offset by the department.