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Official Code of Georgia Annotated

Title 12. CONSERVATION AND NATURAL RESOURCES · Chapter 8. WASTE MANAGEMENT · Article 3. HAZARDOUS WASTE · Part 3. GEORGIA VOLUNTARY REMEDIATION PROGRAM

12-8-105. Criteria for property qualifying for voluntary remediation program.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:

  2. (1)

    The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment;#

  3. (2)

    The property shall not:#

    1. (A)

      Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.;#

    2. (B)

      Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or#

    3. (C)

      Be a facility required to have a permit under Code Section 12-8-66;#

  4. (3)

    Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and#

  5. (4)

    Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 12-8-105, enacted by Ga. L. 2009, p. 714, § 1/HB 248.

Editor's notes

Former Code Section 12-8-105, formerly part of Article 4, concerning the acceptance of contributions by federal agencies, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 7.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, page 1003; merge action: carried; file SHA-256 a1ca11f804f2.