O.C.G.A. § 12-8-93 — Powers and duties of board

(a) In the performance of its duties, and in addition to the powers set forth in Code Section 12-8-64, the board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for corrective action for releases of hazardous wastes, hazardous constituents, and hazardous substances into the environment that pose a present or future danger to human health or the environment and to provide incentives for the reduction of the amount of hazardous wastes generated or managed in the state. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. (b) The board’s rules and regulations shall include, but shall not be limited to, the following: (1) Rules and regulations governing the reporting of releases of hazardous wastes, hazardous constituents, and hazardous substances, including rules and regulations governing reportable quantities; (2) Rules and regulations governing the investigation, cleanup, and corrective action at sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released regardless of the date when such disposal or release occurred, including rules and regulations establishing cleanup standards; (3) Rules and regulations governing procedures for placement of sites on and removal of sites from the hazardous site inventory required under the provisions of Code Section 12-8-97; (4) Rules and regulations governing procedures and criteria for making a determination whether property requires corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97; (5) Rules and regulations governing procedures for the ﬁling in the deed records of the superior courts of additional affidavits concerning property for which an initial affidavit has been ﬁled pursuant to Code Section 12-8-97; and (6) Rules and regulations governing the waiver of hazardous waste management fees and hazardous substance reporting fees as provided in subsection (i) of Code Section 12-8-95.1. 961 12-8-93 CONSERVATION & NATURAL RES. 12-8-94 History. — Code 1981, § 12-8-93, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 4; Ga. L. 1997, p. 564, § 1. 12-8-94. (For effective date, see note) Powers and duties of director. (a) In addition to the powers and duties speciﬁed in Code Section 12-8-65, the director shall have and may exercise the following powers and duties: (1) To make determinations, in accordance with procedures and criteria established by the board, as to whether property requires corrective action pursuant to the provisions of paragraph (8) of subsection (a) of Code Section 12-8-97; (2) To ensure that corrective action is taken for releases of hazardous wastes, hazardous constituents, or hazardous substances into the environment that pose a present or future danger to human health or the environment; (3) To collect fees for hazardous waste management activities and hazardous substance reporting; (4) To administer the hazardous waste trust fund and expend the principal and interest of such trust fund; (5) To appoint a hazardous waste trust fund advisory committee and to consult with that committee in developing rules and regulations regarding criteria for compilation of the hazardous site inventory, site priorities, uses of the fund, cleanup standards, and deed notations. At a minimum, the director shall appoint to the committee four representatives from local government, four representatives from business and industry, and four representatives from other interested parties. Upon promulgation of rules and regulations in accordance with this part, the director shall no longer be required to consult with the committee; provided, however, that the director shall consult with the committee from time to time as necessary to adopt, promulgate, modify, amend, or repeal rules and regulations in accordance with this part; and (6) The director shall have the authority to perfect, foreclose, negotiate, settle, release or cancel any lien ﬁled under subsection (e) of Code Section 12-8-96, where such action is in the best interest of the 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. 962 History. — Code 1981, § 12-8-94, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 5; Ga. L. 1994, p. 483, § 4; Ga. L. 1997, p. 1050, § 2. Delayed effective date. — The second 1994 amendment, by Ga. L. 1994, p. 1101, in subsection (a), deleted ‘‘and’’ from the end of paragraph (4), substituted ‘‘; and’’ for the period at the end of paragraph (5), and added a paragraph (6) which would read: ‘‘To request the Georgia State Financing and Investment Commission for the issuance of public debt to fund corrective action pursuant to this part; provided, however, that any moneys recovered from persons found to be legally liable for such 12-8-95 corrective action shall be used to reduce any such public debt incurred.’’ Ga. L. 1994, p. 1101, § 6, provided that the amendment to this Code section by that Act ‘‘shall become effective only upon the effective date of a duly ratiﬁed amendment to the Constitution authorizing the state to incur indebtedness to fund activities associated with the investigation, detoxiﬁcation, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at certain sites.’’ As of May, 2021, no vote had been taken on the constitutional amendment, and the Code section set out above does not reﬂect the amendment by that Act. 12-8-95. (Effective until July 1, 2022.) Hazardous waste trust fund. (a) There shall continue in existence the hazardous waste trust fund. The hazardous waste trust fund shall be funded in accordance with subsection (b) of Code Section 12-8-91. All moneys deposited in the fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. The director shall serve as trustee of the hazardous waste trust fund. (b) The moneys deposited in the hazardous waste trust fund may be expended by the director as follows: (1) For activities associated with the investigation, detoxiﬁcation, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; (2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances; (3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for ﬁnancing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal 963 12-8-95 CONSERVATION & NATURAL RES. 12-8-95 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1, 2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-8-39 and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91 shall be available to be used for the purposes of this paragraph; provided, further, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000 of such costs shall be paid from the hazardous waste trust fund; and (5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in this state. (c) The director may require the demonstration of ﬁnancial responsibility as a condition of an order requiring corrective action for the release of hazardous wastes, hazardous constituents, or hazardous substances. (d) If the director determines that corrective action has not been carried out as required by a condition of an order of the director to the reasonable satisfaction of the director, the director may implement the applicable ﬁnancial responsibility instruments. The proceeds from any applicable ﬁnancial responsibility instruments shall be deposited in the hazardous waste trust fund. (e) In any case where a person is in bankruptcy, reorganization, or other arrangement pursuant to the federal Bankruptcy Code or where, with reasonable diligence, jurisdiction in any state court or any federal court cannot be obtained over a person likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of ﬁnancial responsibility must be provided under this Code section may be asserted directly against the guarantor providing such evidence of ﬁnancial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the person if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (f ) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of ﬁnancial responsibility to the owner or operator under this Code section. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual, or common-law liability of a 964 12-8-95 guarantor to a person including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or any other applicable law. History. — Code 1981, § 12-8-95, enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 2002, p. 415, § 12; Ga. L. 2002, p. 927, § 3; Ga. L. 2004, p. 631, § 12; Ga. L. 2013, p. 856, § 3/HB 276. Delayed effective date. — Code Section 12-8-95 is set out twice in this Code. This version is effective until July 1, 2022. For version effective July 1, 2022, see the following version.