12-8-206. Criteria for prospective purchasers to qualify for limitation of liability.

To qualify for a limitation of liability as provided in Code Section 12-8-207, a prospective purchaser must meet the following criteria:#

1. (1)

   The prospective purchaser must not be a person who has contributed or who is contributing to a release at the qualifying property;#

2. (2)

   Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any person who has contributed or is contributing to a release at the subject property;#

3. (3)

   Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the subject property or any person who has contributed or is contributing to a release at the subject property;#

4. (4)

   The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and#

5. (5)

   The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-203.#

The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that:#

1. (1)

   Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;#

2. (2)

   The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and#

3. (3)

   In all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1.#

4. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such variance.