This article shall be known and may be cited as the “Georgia Brownfield Act.” History. Code 1981, § 12-8-200 , enacted by Ga. L. 2002, p. 927, § 6; Ga. L. 2014, p. 247, § 1/HB 957. Code Commission notes. Pursuant to Code Section 28-9-5, in 1996, “Act.’ ” was substituted for “Act’. ” Law […]
It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to encourage the clean up, reuse, and redevelopment of properties where there have been releases of […]
Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. As used in this article, the term: “Corrective action plan” means the corrective action plan required by Code Section 12-8-207. “Ground water” means any subsurface water that is in a zone […]
The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain qualifying properties. Such rules and regulations may be applicable to the state as a whole or may […]
The director shall have the power and duty: To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability; To make determinations, in accordance with procedures and criteria enumerated in this article […]
In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property shall meet the following criteria: The property shall have a preexisting release; 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 […]
To qualify for a limitation of liability as provided in Code Section 12-8-207, a prospective purchaser must meet the following criteria: The prospective purchaser must not be a person who has contributed or who is contributing to a release at the qualifying property; Where the prospective purchaser is an individual, the party must not: be […]
Upon the director’s approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from […]
The limitation of liability provided by subsection (a) of Code Section 12-8-207 shall be contingent upon the prospective purchaser’s good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be […]
The initial compliance status report or a corrective action plan submitted for any qualifying property under Code Section 12-8-207 shall be deemed to be an application to participate in the program described in this article and shall be submitted in such form as may be prescribed by the director. By making said initial submission, the […]
The provisions of this article applicable to prospective purchasers shall also apply to any person who purchased a property after July 1, 2002, and before July 1, 2005, where there was a preexisting release at the time of purchase, such purchaser did not cause or contribute to such preexisting release, and such purchaser applies for […]
The limitation of liability provided under this article shall also apply to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who subsequently obtains the director’s approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance for the […]
