TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 8. Waste Management, 12-8-1 through 12-8-210.

ARTICLE 3 HAZARDOUS WASTE

12-8-105. Criteria for property qualifying for voluntary remediation program.

In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:

1. The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment;
2. 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; or
   3. Be a facility required to have a permit under Code Section 12-8-66;
3. Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and
4. 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 Code Section 12-13-6.

(Code 1981, §12-8-105, enacted by Ga. L. 2009, p. 714, § 1/HB 248.)