State Codes and Statutes

Statutes > Georgia > Title-12 > Chapter-8 > Article-9 > 12-8-205

O.C.G.A. 12-8-205 (2010)
12-8-205. Criteria for property to qualify for limitation of liability


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

(1) The property must 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 must be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6, and satisfactory provision must 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 must not:

(A) 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.;

(B) 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

(C) Be a hazardous waste facility as defined in Code Section 12-8-62; 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.