06 LC
25 4181ER
House
Bill 979
By:
Representative Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating
to waste management, so as to change certain provisions relating to definitions
relative to hazardous waste management; to change certain provisions relating to
variances; to change certain provisions relating to criteria for property to
qualify for limitation of liability; to change certain provisions relating to
limitation of expenses following approval of a corrective action plan; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 12 of the Official Code of Georgia Annotated, relating to waste
management, is amended by striking paragraphs (2), (9), (10), and (20) of Code
Section 12-8-62, relating to definitions relative to hazardous waste management,
and inserting in lieu thereof the following:
∀(2)
'Designated hazardous waste' means any solid waste identified as such in
regulations promulgated by the board. The board may identify as 'designated
hazardous waste' any solid waste which the board concludes is capable of posing
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of or otherwise
managed, based on the factors set forth in regulations promulgated by the
administrator of the United States Environmental Protection Agency pursuant to
the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force
and effect on
February 1,
1996
February 15,
2006, if such solid waste contains any
substance which is listed on any one or more of the following
lists:
(A)
List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII,
in force and effect on
February 1,
1996
February 15,
2006;
(B)
Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in
force and effect on
February 1,
1996
February 15,
2006;
(C)
List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R.
Table 302.4, and all appendices thereto, in force and effect on
February 1,
1996
February 15,
2006;
(D)
List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and
effect on
February 1,
1996
February 15,
2006;
(E)
List of Extremely Hazardous Substances and Their Threshold Planning Quantities,
codified as 40 C.F.R. Part 355, Appendix A, in force and effect on
February 1,
1996
February 15,
2006; or
(F)
List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in
force and effect on
February 1,
1996
February 15,
2006.∀
∀(9)
'Hazardous constituent' means any substance listed as a hazardous constituent in
regulations promulgated by the administrator of the United States Environmental
Protection Agency pursuant to the federal act which are in force and effect on
February 1,
1996
February 15,
2006, codified as Appendix VIII to 40
C.F.R. Part 261—Identification and Listing of Hazardous
Waste.
(10)
'Hazardous waste' means any solid waste which has been defined as a hazardous
waste in regulations promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal act which are in force
and effect on
February 1,
1996
February 15,
2006, codified as 40 C.F.R. Section 261.3
and any designated hazardous
waste.∀
∀(20)
'Solid waste' means solid waste as defined by regulations promulgated by the
administrator of the United States Environmental Protection Agency pursuant to
the federal act which are in force and effect on
February 1,
1996
February 15,
2006, codified as 40 C.F.R. Sections
261.1, 261.2(a)-(d), and
261.4(a).∀
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 12-8-69,
relating to variances, and inserting in lieu thereof the following:
∀(a)(1)
Unless variances are prohibited by the federal act or the standards, rules, and
regulations promulgated thereunder, the director may grant variances from the
requirements of this article or the rules and regulations effective under this
article whenever the director finds that compliance with any provision of this
article or any standard, rule, or regulation will result in an arbitrary and
unreasonable taking of property or will result, in effect, in the closing and
elimination of any lawful business, occupation, or activity without sufficient
corresponding benefit or advantage to the public, provided that no variance
shall be granted where the effect of a variance will permit the continuation of
a condition which poses an undue present or potential threat to the environment
or to the health of humans; provided, further, that any variance so granted
shall not be construed so as to relieve any person from any liability imposed by
law or rule and regulation.
(2)
A variance may be granted under paragraph (1) of this subsection to a site
requiring cleanup under the provisions of Article 3 of this chapter for the sole
purpose of changing the status of a hazardous waste facility as defined in Code
Section 12-8-62. Such a variance shall qualify the property as eligible for a
limitation of liability pursuant to Code Section 12-8-205, provided that all
conditions of the variance are met. Such a variance shall be granted only when
it is demonstrated to the satisfaction of the director that the variance will
result in an improved level of protection for human health and the environment
than would exist if the variance had not been
granted.∀
SECTION
3.
Said
chapter is further amended by striking paragraph (3) of Code Section 12-8-205,
relating to criteria for property to qualify for limitation of liability, and
inserting in lieu thereof the following:
∀(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.;
or
(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
and
(C) Be
a hazardous waste facility as defined in Code Section 12-8-62;
and∀
SECTION
4.
Said
chapter is further amended by striking paragraph (1) of subsection (b) of Code
Section 12-8-207, relating to limitation of expenses following approval of a
corrective action plan, and inserting in lieu thereof the
following:
∀(b)(1)
For qualifying properties
which the
director has designated as needing corrective action in accordance with
paragraph (8) of subsection (a) of Code Section
12-8-97
where
corrective action may be needed in order to certify compliance with risk
reduction standards, any party desiring to
qualify for a limitation of liability pursuant to this Code section shall submit
a prospective purchaser corrective action plan to the division. The corrective
action plan shall, at minimum, enumerate and describe in detail those actions
planned and proposed to bring any source material or soil found on the
qualifying property into compliance with all applicable rules and regulations
adopted by the board governing the investigation, cleanup, and corrective action
at
properties listed on the hazardous site
inventory
in accordance
with risk reduction standards. A
corrective action plan submitted by a prospective purchaser under this
subsection shall be in such form and meet such criteria as established by the
board.∀
SECTION
5.
Said
chapter is further amended by adding to Code Section 12-8-207, relating to
limitation of expenses following approval of a corrective action plan, new
subsections to read as follows:
∀(f)
Any person seeking or obtaining a limitation of liability provided for in this
Code section shall not be required to notify the director pursuant to subsection
(d) of Code Section 12-8-97 for any source material or releases to soil
identified in a prospective purchaser corrective action plan, nor shall a
property be listed on the hazardous site inventory due solely to soil or source
material set forth in a prospective purchaser corrective action plan, so long as
such prospective purchaser corrective action plan is subsequently approved by
the director and the corrective action identified in the prospective purchaser
corrective action plan is implemented within the time frame required in the
directoŕs
approval.
(g)
Upon the
directoŕs
approval of the prospective purchaser corrective action plan or concurrence with
the certification of compliance described in this Code section, whichever first
occurs, a property listed on the hazardous site inventory due solely to soil or
source material shall be removed from the hazardous site inventory and not be
subject to provisions of Code Section 12-8-97. If at any time the corrective
action identified in the prospective purchaser corrective action plan fails to
be implemented within the time frame required in the
directoŕs
approval, the director may opt to re-list the property on the hazardous site
inventory.∀
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.