CopyCited 8 times | Published | Supreme Court of Georgia | Mar 15, 1999 | 270 Ga. 647, 99 Fulton County D. Rep. 1042
...OCGA §
9-11-12(b)(6). For the reasons that follow, we affirm. Luke is the owner and operator of an underground storage tank (UST) used in the retail gasoline business. Such UST's are regulated by the Georgia Underground Storage Tank Act (Act). OCGA §
12-13-1 et seq....
...]oard." OCGA §
12-13-9(b). Additionally, an owner or operator of a UST may satisfy the requirement of showing evidence of financial responsibility by participating in the Underground Storage Tank Trust Fund (Fund). OCGA §§
12-13-2(c);
12-13-9(f);
12-13-10....
...Participation in the Fund affords a UST operator stated benefits, such as payment of certain costs of corrective action in the event of a release from a UST, payment of certain costs of action to prevent releases, and payments to injured third parties. OCGA §§
12-13-9(f);
12-13-11(b.1) & (c). Money to operate the Fund is derived from a fee set by the Board of Natural Resources, not to exceed 1.0 ¢ per gallon. OCGA §
12-13-10(a). The fee is collected upon the initiative of a UST owner or operator. OCGA §
12-13-10(a). Those owners and operators who do not participate in the Fund have financial responsibility for 100 percent of preventive, corrective, and enforcement actions as a result of a UST release, or the substantial threat of a release. OCGA §
12-13-11(b.1)....
...Reidy owned only an above-ground tank; Luke's complaint clearly sets forth that he is the owner and operator of a UST. The fact that receiving the benefits of the Fund may depend upon compliance with requirements other than simple payment, see OCGA §
12-13-11(d) & (e), does not render Luke a participant who is "absolutely ineligible" to receive benefits....
