O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
This part shall be known and may be cited as the ‘‘Georgia Hazardous Site Response Act.’’
History
Code 1981, § 12-8-90, enacted by Ga. L. 1992, p. 2234, § 5.
Annotations
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 Super-
fund,’’ 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 prop-
erty, 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 REFERENCES Am. Jur. Proof of Facts. - CERCLA 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.
Notes of Decisions
McElmurray v. Augusta-Richmond Cnty., 618 S.E.2d 59 (Ga. Ct. App. 2005).
· cites it 4× “Therefore, in light of the above, I find no support for the majority's conclusion that the claims at issue in this case are the result of county employees' negligent use of a motor vehicle.”
Quebell P. Parker v. Scrap Metal Processors, 386 F.3d 993 (11th Cir. 2004).
“In addition, the jury found that the defendants violated the CWA and that the plaintiffs were entitled to contribution for corrective action under Georgia’s Hazardous Site Response Act (“HSRA”), Ga. Code Ann. §§ 12-8-90 through 12-8-97.”
Walker Cnty. v. Tri-State Crematory, 664 S.E.2d 788 (Ga. Ct. App. 2008).
· cites it 2× “Walker County contends that the trial court erred in dismissing its contribution claim brought pursuant to the Georgia Hazardous Site Response Act (“HSRA”), OCGA § 12-8-90 et seq., against the owners and operators of the Tri-State Crematory and funeral homes and funeral…”
Walker Cnty. v. Tri-State Crematory, 643 S.E.2d 324 (Ga. Ct. App. 2007).
· cites it 2× “1 After the defendants filed their motions to dismiss Walker County’s amended complaint, Walker County filed a second amended complaint to add a new claim under the Georgia Hazardous Site Response Act, OCGA§ 12-8-90 et seq. (“GHSRA”). The trial court’s order did not address or…”
Viad Corp v. United States Steel Corp., 808 S.E.2d 58 (Ga. Ct. App. 2017).
· cites it 2× “Steel, and AWC that each was considered a "responsible party" under the Georgia Hazardous Site Response Act ("HSRA"), OCGA § 12-8-90 et seq. Because Viad and U.”
Briggs & Stratton Corp. v. Concrete Sales & Servs., 20 F. Supp. 2d 1356 (M.D. Ga. 1998).
· cites it 4× “Georgia Hazardous Site Response Act Plaintiff alleges that the McCord defendants are liable under the of the Georgia Hazardous Response Act (“HSRA”), O.C.G.A. § 12-8-90, et seq., for the costs of response work, including all attorney fees, with the amounts to be proven at trial.”
Couch v. Parker, 630 S.E.2d 364 (Ga. 2006).
· cites it 2× “Acting pursuant to her authority under the Hazardous Site Response Act (HSRA), OCGA § 12-8-90 et seq., the Director gave Owners the opportunity to perform voluntary corrective action in accordance with her proposed *581 administrative consent orders.”
Gen. Time Corp. v. Bulk Materials, Inc., 826 F. Supp. 471 (M.D. Ga. 1993).
· cites it 2× “, the Georgia Hazardous Site Response Act (“GHSRA”), O.C.G.A. § 12-8-90 et seq. as well as state common law claims, for actual and consequential damages arising out of the TCE spill.”
Southfund Partners III v. Sears, Roebuck & Co., 57 F. Supp. 2d 1369 (N.D. Ga. 1999).
· cites it 2× “[“CERCLA”] and the Georgia Hazardous Site Response Act, O.C.G.A. § 12-8-90 et seq. [“HSRA”]. Before the Court are Defendant’s Motion for Summary Judgment [13-1] and Defendant’s Motion to Withdraw or Amend Admissions [20-1], As an initial matter, the Court grants Defendant’s…”
Canadyne-Georgia Corp. v. Bank of Am., N.A., 174 F. Supp. 2d 1337 (M.D. Ga. 2001).
· cites it 2× “(West 1994); the Georgia Hazardous Site Response Act (“HSRA”), O.C.G.A. § 12-8-90 (1996 and Supp.2000); and Georgia common law.”
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