Definitions

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Oil or Hazardous Material Spills or Releases
  5. Definitions

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As used in this chapter, the term:

  1. "Animal waste" means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals, including any form of livestock, poultry, or fish. This term includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically mixed or commingled with animal waste on a farm.
  2. "Board" means the Board of Natural Resources of the State of Georgia.
  3. "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
  4. "Division" means the Environmental Protection Division of the Department of Natural Resources.
  5. "Farm" means a site or area, including associated structures, that is used for:
    1. The production of one or more crops; or
    2. The raising or selling of animals, including livestock, poultry, or fish.
  6. "Hazardous substance" means any substance designated pursuant to Section 311(b)(2)(A) of the federal Clean Water Act, 33 U.S.C. Section 1321(b)(2)(A); any element, compound, mixture, solution, or substance designated pursuant to Section 102 of 42 U.S.C. Section 9602; any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, 42 U.S.C. Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress; any toxic pollutant listed under Section 307(a) of the federal Clean Water Act, 33 U.S.C. Section 1317(a); any hazardous air pollutant listed under Section 112 of the federal Clean Air Act, 42 U.S.C. Section 7412; and any imminently hazardous chemical substance or mixture with respect to which the administrator of the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substance Control Act, 15 U.S.C. Section 2606. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas.
  7. "Oil" includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product.
  8. "Person" includes an individual, trust, firm, joint-stock company, corporation, partnership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof.
  9. "Reportable quantity" means the amount of a hazardous substance which, if released into the environment in such quantity within any 24 hour period, must be reported to the division in the event of a spill or release. The reportable quantity for mixtures is the amount of the hazardous substance components of a mixture. Reportable quantities are those listed in 40 C.F.R. Part 302 - Designation, Reportable Quantities and Notification.
  10. "Spill or release" means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous substance into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a significant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt.

(Code 1981, §12-14-1, enacted by Ga. L. 1988, p. 354, § 1; Ga. L. 1991, p. 1371, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 91, § 12; Ga. L. 2019, p. 565, § 1/HB 223.)

The 2019 amendment, effective July 1, 2019, added paragraph (1); redesignated former paragraphs (1) through (3) as present paragraphs (2) through (4), respectively; added paragraph (5); and redesignated former paragraphs (4) through (8) as present paragraphs (6) through (10), respectively.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "usable" was substituted for "usuable" in paragraph (4).

Pursuant to Code Section 28-9-5, in 1991, "usable" was substituted for "usuable" in paragraph (4) (now paragraph (6)).

RESEARCH REFERENCES

CERCLA Liability of Parent, Subsidiary and Successor Corporation, 34 POF3d 387.

Citizens' Suits Under the Toxic Substances Control Act (TSCA), 50 POF3d 237.

Citizens' Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155.

ALR.

- Necessity of proof of scienter under statute fixing criminal penalties for hazardous waste violations (42 USCS § 6928(d)), 106 A.L.R. Fed. 836.

Arranger liability of sellers pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 125 A.L.R. Fed. 315.

What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed 117.

What constitutes "facility" within meaning of § 101(9) of the Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCA § 9601(9)), 147 A.L.R. Fed. 469.


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