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Georgia State Code
Title      12
Chapter       8  
Section Navigation     1 ... 24.2       25 ... 28    
    29 ... 30.6     30.7 ... 35    
    36 ... 40.1     40.2 ... 57    
    58 ... 65       65.1 ... 71    
    72 ... 81         82 ... 96    
  96.1 ... 105       106 ... 121   
   122 ... 164       165 ... 187   
     188 ... 207     
Section<<< 188 189 200 201 202 203 204 205 206 207  
Title 12, Chapter 8, Section 205 (12-8-205)

(a) To qualify for a limitation of liability as provided in Code Section 12-8-206, a prospective purchaser must meet the following criteria:

(1) The prospective purchaser must not be a person who has contributed to a release of regulated substances, as defined in paragraph (9) of Code Section 12-8-92, at the HSI site of which the qualifying property is a part;

(2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site;

(3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site;

(4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and

(5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-202.

(b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that:

(1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;

(2) The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and

(3) In all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1.

The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such variance.

Sunday May 24 21:38 EDT


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