Powers and duties of director

(a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; 987 12-8-104 CONSERVATION & NATURAL RES. 12-8-104.1 (5) To collect, assess, receive, administer, and disperse funds obtained from application and reimbursement fees for the purpose of carrying out the duties and powers under this part; (6) To enter into such agreements and contracts as required to accomplish the purposes of this part; and (7) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper. History. — Code 1981, § 12-8-104, enacted by Ga. L. 2009, p. 714, § 1/HB 248; Ga. L. 2010, p. 531, § 1/SB 78; Ga. L. 2011, p. 752, § 12/HB 142. Editor’s notes. — Former Code Section 12-8-104, formerly part of Article 4, concerning the power of the Georgia Haz- ardous Waste Management Authority to fix rentals, charge and collect rentals, and enter into leases and other contracts, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 9. 12-8-104.1. Voluntary Remediation Escrow Account established; role and duties of director. (a) There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section 12-8-209, and such fees shall be held in an interest-bearing account. (b) The director is authorized to expend the principal balance of the escrow account for costs incurred in administering the voluntary remediation program including reimbursing state contractors used in the administration of such program. The director is also authorized to expend interest earned on the account for the administration of the voluntary remediation program; provided, however, that interest funds collected must be expended within the same fiscal year in which the interest was earned and any interest not so expended shall be deposited in the state treasury. Any unused funds remaining following the conclusion of a project shall be deposited in the general treasury. History. — Code 1981, § 12-8-104.1, enacted by Ga. L. 2010, p. 531, § 2/SB 78; Ga. L. 2011, p. 752, § 12/HB 142. 988 12-8-105 12-8-105. Criteria for property remediation program. qualifying for voluntary 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: (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; or (C) 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. History. — Code 1981, § 12-8-105, enacted by Ga. L. 2009, p. 714, § 1/HB 248. Editor’s notes. — Former Code Section 12-8-105, formerly part of Article 4, concerning the acceptance of contribu- tions by federal agencies, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 7. 12-8-106. Criteria for participants in voluntary remediation program. A participant in the voluntary remediation program must meet the following criteria: (1) Be the property owner of the voluntary remediation property or have express permission to enter another’s property to perform corrective action including, to the extent applicable, implementing 989 12-8-106 CONSERVATION & NATURAL RES. 12-8-107 controls for the site pursuant to written lease, license, order, or indenture; (2) Not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and (3) Meet other such criteria as may be established by the board pursuant to Code Section 12-8-103. History. — Code 1981, § 12-8-106, enacted by Ga. L. 2009, p. 714, § 1/HB 248; Ga. L. 2013, p. 141, § 12/HB 79. Editor’s notes. — Former Code Section 12-8-106, formerly part of Article 4, concerning moneys received as constituting trust funds, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 8. 12-8-107. Submission of voluntary investigation and remediation plan; enrollment; proof of assurance; termination; compliance status. (a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary investigation and remediation plan prepared by a registered professional engineer or a registered professional geologist who is registered with the State Board of Registration for Professional Engineers and Land Surveyors or the State Board of Registration for Geologists and who has experience in responsible charge of the investigation and remediation of such releases. The voluntary investigation and remediation plan shall be in such streamlined form as may be prescribed by the director; provided, however, that the plan shall, at minimum, enumerate and describe those actions planned to bring the qualifying property into compliance with the applicable cleanup standards, with one or more registered professionals to be retained by the applicant at its sole cost to oversee the investigation and remediation described in the plan; all in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program. The voluntary investigation and remediation plan shall be considered an application for enrollment in the voluntary remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted with the application. The director may, at any time, invoice the participant for any costs to the division in reviewing the application or subsequent document that exceed the initial application review fee, including reasonably detailed itemization and justification of the costs. Failure to remit payment within 60 days of receipt of such invoice may cause rejection of the participant from the voluntary remediation program. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the participant. 990 12-8-107 (b) Upon the director’s approval of the voluntary investigation and remediation plan described in subsection (a) of this Code section, the qualifying property shall be deemed enrolled, and the applicant deemed a participant, in the voluntary remediation program. It shall be the responsibility of the participant to cause one or more registered professionals to oversee the implementation of said plan in accordance with the provisions, purposes, standards, and policies of this part. The registered professional shall submit at least semi-annual status reports to the director describing the implementation of the plan during the preceding period. Upon request of the applicant, the director shall have the discretion to approve annual or longer periods for submittal of status reports. Within 30 days of the director’s approval of the voluntary investigation and remediation plan described in subsection (a) of this Code section, the director shall cause any relevant voluntary remediation property listed on the inventory under Part 2 of this article to be designated as undergoing corrective action pursuant to the voluntary remediation program. (c) The director may issue an order requiring the participant to submit proof of financial assurance for continuing actions or controls upon issuance of the director’s approval with the voluntary investigation and remediation plan. (d) The participant may terminate at any time the enrollment of the property in the voluntary remediation program and the participant’s requirements under this part. The director may terminate, at any time prior to approval of the compliance status report described in subsection (e) of this Code section, the enrollment of the property in the voluntary remediation program and the participant’s requirements under this part if the director determines that either: (1) The participant has failed to implement the voluntary investigation and remediation plan in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program; or (2) Such continued enrollment would result in a condition which poses an imminent or substantial danger to human health and the environment. (e) Upon completion of corrective action under this Code section, the participant shall cause to be prepared a compliance status report confirming consistency of the corrective action with the provisions, purposes, standards, and policies of the voluntary remediation program and certifying the compliance of the relevant voluntary remediation property with the applicable cleanup standards in effect at the time. (f ) Upon receipt of the compliance status report described in subsection (d) of this Code section, a decision of concurrence with the report 991 12-8-107 CONSERVATION & NATURAL RES. 12-8-107 and certification shall be issued on evidence satisfactory to the director that it is consistent with the provisions, purposes, standards, and policies of the voluntary remediation program. The participant shall comply with the applicable public participation requirements for compliance status reports as promulgated pursuant to Part 2 of this article. Within 90 days of the director’s written concurrence, the director shall cause the property to be removed from the inventory under Part 2 of this article. (g) In addition to other provisions of this part: (1) The director shall remove the voluntary remediation property from the inventory if the participant demonstrates to the director at the time of enrollment, in accordance with rules and regulations promulgated by the board pursuant to Part 2 of this article, that a release exceeding a reportable quantity did not exist at the voluntary remediation property, unless the director issues a decision that such release poses an imminent or substantial danger to human health and the environment; (2) The participant shall not be required to perform corrective action or to certify compliance for groundwater if the voluntary remediation property was listed on the inventory as a result of a release to soil exceeding a reportable quantity for soil but was not listed on the inventory as a result of a release to groundwater exceeding a reportable quantity, and if the participant further demonstrates to the director at the time of enrollment that a release exceeding a reportable quantity for groundwater does not exist at the voluntary remediation property; and the groundwater protection requirements for soils shall be based on protection of the established point of exposure for groundwater as provided under this part. The director may require annual groundwater monitoring for up to five years for a voluntary remediation property removed from the inventory pursuant to this paragraph unless the director determines that further monitoring is necessary to protect human health and the environment; and (3) The limitations provided under subparagraph (c)(3)(B) of Code Section 12-2-2 shall not apply to the director’s decisions or actions under this part. (h) Any voluntary remediation property or site relying on controls, including, but not limited to, groundwater use restrictions for the purposes of certifying compliance with cleanup standards, shall execute a covenant restricting such use in conformance with Chapter 16 of Title 44, the ‘‘Uniform Environmental Covenants Act.’’ The division shall maintain an inventory of such properties as provided for in that statute. 992 History. — Code 1981, § 12-8-107, enacted by Ga. L. 2009, p. 714, § 1/HB 248; Ga. L. 2010, p. 531, § 3/SB 78.