---
title: O.C.G.A. § 12-8-105. Criteria for property qualifying for voluntary remediation program.
collection: code
id: 12-8-105
cite_as: O.C.G.A. § 12-8-105 (2025)
canonical_url: https://georgiacommons.org/code/12-8-105
md_url: https://georgiacommons.org/code/12-8-105.md
text_url: https://georgiacommons.org/code/12-8-105/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-2021-pdf.pdf?sfvrsn=67595359_0#page=1003
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / WASTE MANAGEMENT / HAZARDOUS WASTE / GEORGIA VOLUNTARY REMEDIATION PROGRAM
extraction_warnings:
  - dehyphenation_unverified:admin-isters
---

# O.C.G.A. § 12-8-105. Criteria for property qualifying for voluntary remediation program.

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

(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;

(2) The property shall not:

(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.;

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

(C) Be a facility required to have a permit under Code Section 12-8-66;

(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

(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.

## 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.