Criteria for Property to Qualify for Limitation of Liability

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Waste Management
  5. Georgia Brownfield Program
  6. Criteria for Property to Qualify for Limitation of Liability

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In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property shall meet the following criteria:

  1. The property shall have a preexisting release;
  2. 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 12-13-6, and satisfactory provision shall have been made as determined by the director for the repayment to the division of any funds expended by the division from the federal Leaking Underground Storage Tank Trust Fund;
  3. The property shall not:
    1. 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. Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or
    3. Be a hazardous waste facility, as defined in Code Section 12-8-62, that is currently subject to a permit for the treatment, storage, or disposal of hazardous waste issued pursuant to Code Section 12-8-66; and
  4. The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.

(Code 1981, §12-8-204, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-205, as redesignated by Ga. L. 2002, p. 927, § 6; Ga. L. 2005, p. 1227, § 2/SB 277; Ga. L. 2014, p. 247, § 3/HB 957.)

The 2014 amendment, effective July 1, 2014, substituted "shall" for "must" throughout this Code section; deleted "Code Section" following "Code Section 12-8-94 or" in the middle of paragraph (2); in subparagraph (3)(C), inserted a comma near the beginning and added ", that is currently subject to a permit for the treatment, storage, or disposal of hazardous waste issued pursuant to Code Section 12-8-66" at the end.

Editor's notes.

- Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-205 as present Code Section 12-8-206.


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