This part shall be known and may be cited as the "Georgia Hazardous Site Response Act."
(Code 1981, §12-8-90, enacted by Ga. L. 1992, p. 2234, § 5.)
Law reviews.- For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For article, "Georgia's Hazardous Site Response Act: Growing Pains for Georgia's Baby Superfund," see 9 Ga. St. B.J. 32 (2004). For annual survey of Administrative Law, see 57 Mercer L. Rev. 1 (2005). For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005). For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).
JUDICIAL DECISIONS
Applicability of cases construing CERCLA.
- While there are certain similarities between the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., and the Georgia Hazardous Site Response Act (HSRA), O.C.G.A. § 12-8-90 et seq., CERCLA does not afford the same procedural due process protections as the HSRA. It follows that cases cited under CERCLA are inapplicable. Reheis v. Baxley Creosoting & Osmose Wood Preserving Co., 268 Ga. App. 256, 601 S.E.2d 781 (2004).
Since the court held that there was sufficient evidence that the supplier proximately caused harm to the owner's property, the court did not need to reach the issue of whether the HSRA required proof of proximate cause. Sprayberry Crossing P'ship v. Phenix Supply Co., 274 Ga. App. 364, 617 S.E.2d 622 (2005).
Act does not waive sovereign immunity.
- Georgia Hazardous Site Response Act, O.C.G.A. § 12-8-90 et seq., provides an administrative environmental cleanup procedure and does not expressly waive sovereign immunity for any allegedly responsible governmental entity. McElmurray v. Augusta-Richmond County, 274 Ga. App. 605, 618 S.E.2d 59 (2005).
Cited in Couch v. Parker, 280 Ga. 580, 630 S.E.2d 364 (2006).
RESEARCH REFERENCESCERCLA Liability of Parent, Subsidiary, and Successor Corporation, 34 POF3d 387.
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.