reglab/housing_qa huggingface dataset:
GA Code § 12-8-180 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-180. Definitions

 As used in this article, the term:    "Board" means the Board of Natural Resources.   "Commissioner" means the commissioner of natural resources.   "Division" means the Pollution Prevention Assistance Division of the Department of Natural Resources.   "Division director" means the director of the division.   "Environmental Protection Division" means the Environmental Protection Division of the Department of Natural Resources.     (Code 1981, §12-8-180, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-181 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-181. Establishment of Division; Appointment of Director; Voluntary Activities of Businesses and Industries

  There is established within the Department of Natural Resources the Pollution Prevention Assistance Division.The commissioner shall appoint a division director, subject to the approval of the board, who shall serve at the pleasure of the commissioner.   Any other provision of this article to the contrary notwithstanding, participation by private businesses and industries in the assistance activities of the division shall be voluntary.     (Code 1981, §12-8-181, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-182 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-182. Administrative Responsibility of Division; Duty of Division Director; Rules and Regulations of Board

  The division shall have responsibility for the administration of this article.   The division director shall assist the commissioner in instituting activities to fulfill the purposes of this article.   The board shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article.     (Code 1981, §12-8-182, enacted by Ga. L. 1993, p. 1429, § 1; Ga. L. 2002, p. 415, § 12.)
GA Code § 12-8-183 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-183. Pollution Prevention Assistance Plan

  Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by businesses and industries within the state in programs and activities designed to prevent the pollution of the environment by the products and by-products of such businesses and industries.The plan shall establish the objectives of the division and address such matters as the division deems appropriate.   The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for comment.The division shall seek and encourage public comment on the plan and shall document and consider such comments.   The division shall present a final plan to the commissioner within 60 days after publication for public comment. If the commissioner approves, the division shall implement the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment.     (Code 1981, §12-8-183, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-184 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-184. Confidentiality of Information Provided by Business or Industry; Ownership of Reports and Plans

 The division shall not disclose to the public any information designated by law as confidential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction assessments and activities.Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of such business or industry, except as otherwise agreed to and except for such reports as otherwise required by law to be the property of the division.    (Code 1981, §12-8-184, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-185 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-185. Duty of Division to Advise on Rules and Regulations Governing Toxic Substances

 The division shall advise the director of the Environmental Protection Division on rules and regulations of the Environmental Protection Division governing toxic substance production, use, transport, distribution, and release into the workplace or the environment.    (Code 1981, §12-8-185, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-186 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-186. Biennial Report of Division

 On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate a report of the division's operations and activities pursuant to this article and an assessment of the future hazardous waste disposal capacity needs of the state. The report shall review progress toward pollution prevention and environmental waste reduction goals, provide an evaluation of progress by businesses and industries in this state, and make any appropriate recommendations for legislative action. The report shall include a proposed work plan for the following biennium which will provide, to the extent possible, an evaluation of projects and strategies for bringing about voluntary pollution prevention and waste reduction, alternatives to toxic use, objectives, financing, and institutional innovations.The report may also include amendments to the plan required under Code Section 12-8-183.    (Code 1981, §12-8-186, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-187 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-187. Preparation by Division of Biennial Report of Hazardous Waste Generators and Capacity Assurance Plan

 The division may, at the direction of the commissioner, prepare the biennial report of hazardous waste generators required under Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986 and prepare the capacity assurance plan required under 40 C.F.R. 262.41.    (Code 1981, §12-8-187, enacted by Ga. L. 1993, p. 1429, § 1.)
GA Code § 12-8-188 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-188. Biennial Needs Assessment Report on Hazardous Waste Management Facility

 The division shall no less than biennially assess capacity, demand, generation, and other factors which may affect the determination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement and shall include in the biennial report required by Code Section 12-8-186 a needs assessment report relative to the need for such a facility and the continued need for the assessment required by this Code section.    (Code 1981, §12-8-188, enacted by Ga. L. 1993, p. 1429, § 1; Ga. L. 2002, p. 415, § 12.)
GA Code § 12-8-189 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 8 - Pollution Prevention Assistance Division|§ 12-8-189. Transfer of Personnel and Facilities of Georgia Hazardous Waste Management Authority and Other State Programs to Division

  On October 1, 1993, the staff and physical and financial assets, property, records, and programs of the Georgia Hazardous Waste Management Authority shall be transferred to the division for administration and use by the division. Any funding subsequent to October 1, 1993, designated for or to such authority shall be directed to the division for administration and use by the division. Upon approval of the commissioner, the staff of the division may serve as staff to such authority for such periods of time as is determined by the commissioner to be necessary.   State programs of waste reduction, pollution prevention, and reporting implemented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division.     (Code 1981, §12-8-189, enacted by Ga. L. 2004, p. 631, § 12.)   Editor's notes.   - The former provisions of Code Section 12-8-189, concerning the transfer of personnel and facilities of the Georgia Hazardous Waste Management Authority and other state programs to the division, were based on Ga. L. 1993, p. 1429, § 1 and were repealed by Ga. L. 2002, p. 415, § 12, effective April 18, 2002.
GA Code § 12-8-200 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-200. Short Title

 This article shall be known and may be cited as the "Georgia Brownfield Act."    (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 reviews.   - For note on the 2002 enactment of this article, see 19 Ga. St. U.L. Rev. 59 (2002).
GA Code § 12-8-201 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-201. Public Policy

  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 hazardous waste, hazardous constituents, and hazardous substances, into the environment.   The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the division with application review fees established and collected by the division pursuant to Code Section 12-8-209. The General Assembly further declares its intent to ensure that the funding provided by the application review fees will not be diverted for any purpose other than the administration of this article by the division. Appropriation of funds to the Department of Natural Resources for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent.     (Code 1981, §12-8-201, enacted by Ga. L. 2002, p. 927, § 6.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-201 as present Code Section 12-8-202.
GA Code § 12-8-202 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-202. Definitions

  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 of saturation.   "Petroleum" means petroleum, including crude oil or any fraction thereof (including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, kerosene, or jet turbine fuel), that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).   "Preexisting release" means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to this article. The term "preexisting release" includes but is not limited to release of petroleum even if such release is from an underground storage tank system as defined in paragraph (18) of Code Section 12-13-3.   "Property interest" means any interest in real property, without regard to whether such interest is exclusive or possessory.   "Prospective purchaser" means a person who intends to acquire a property interest in a property where there is a preexisting release or a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring such property interest in a property where there is a preexisting release.   "Qualifying property" means a property which meets the criteria of Code Section 12-8-205.   "Risk reduction standards" means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter.   "Soil" means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith.   "Source material" means any preexisting release that acts or may likely act as a reservoir for continued releases to ground water, soil, surface water, or air or act as a source for direct exposure.       (Code 1981, §12-8-201, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-202, as redesignated by Ga. L. 2002, p. 927, § 6; Ga. L. 2005, p. 1227, § 1/SB 277; Ga. L. 2006, p. 72, § 12/SB 465; Ga. L. 2012, p. 843, § 1C/HB 1102; Ga. L. 2014, p. 247, § 2/HB 957.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-202 as present Code Section 12-8-203.
GA Code § 12-8-203 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-203. Rules and Regulations

  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 vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article.   The board's rules and regulations shall include, but shall not be limited to, the following:   Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability;   Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and   Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.       (Code 1981, §12-8-202, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-203, as redesignated by Ga. L. 2002, p. 927, § 6.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-203 as present Code Section 12-8-204.
GA Code § 12-8-204 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-204. Powers and Duties of Director

  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 and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards;   To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance;   To approve corrective action plans;   To concur with certifications of compliance; and   To assess and collect application review fees from prospective purchasers.     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.     (Code 1981, §12-8-203, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-204, redesignated by Ga. L. 2002, p. 927, § 6.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-204 as present Code Section 12-8-205.
GA Code § 12-8-205 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-205. Criteria for Property to Qualify for Limitation of Liability

 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 satisfied or settled and released by the director pursuant to Code Section 12-8-94 or 12-13-6, and satisfactory provision shall have been made as determined by the director for the repayment to the division of any funds expended by the division from the federal Leaking Underground Storage Tank Trust Fund;   The property shall not:   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.;   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   Be a hazardous waste facility, as defined in Code Section 12-8-62, that is currently subject to a permit for the treatment, storage, or disposal of hazardous waste issued pursuant to Code Section 12-8-66; and     The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.     (Code 1981, §12-8-204, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-205, as redesignated by Ga. L. 2002, p. 927, § 6; Ga. L. 2005, p. 1227, § 2/SB 277; Ga. L. 2014, p. 247, § 3/HB 957.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-205 as present Code Section 12-8-206.
GA Code § 12-8-206 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-206. Criteria for Prospective Purchasers to Qualify for Limitation of Liability

  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 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 property or any person who has contributed or is contributing to a release at the subject property;   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 property or any person who has contributed or is contributing to a release at the subject property;   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   The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-203.     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:   Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;   The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and   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.        (Code 1981, §12-8-205, enacted by Ga. L. 1996, p. 993, § 4; Ga. L. 1998, p. 1667, § 2; Code 1981, §12-8-206, as redesignated by Ga. L. 2002, p. 927, § 6.)   Editor's notes.   - Ga. L. 2002, p. 927, § 6, effective July 1, 2002, redesignated former Code Section 12-8-206 as present Code Section 12-8-207.
GA Code § 12-8-209 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 9 - Georgia Brownfield Program|§ 12-8-209. Initial Compliance Status Report

 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 prospective purchaser agrees to the provisions of this Code section. A nonrefundable application review fee of $3,000.00 shall be submitted with the application. Within 30 days of the receipt of the application, the director shall cause to be prepared and delivered to the applicant an estimate of the projected costs of the division to review the application. The director may, at any time during the application review process, invoice the applicant for any costs of the division in reviewing the application that exceed the initial application review fee. Failure to remit payment within 30 days of receipt of invoice may cause rejection of the application. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the prospective purchaser.    (Code 1981, §12-8-209, enacted by Ga. L. 2002, p. 927, § 6.)