Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-19 - HAZARDOUS SITE RESPONSE › Rule 391-3-19-.04 - Release Notification

Current through Rules and Regulations
				filed through June 27, 2024
(1)
No duty to sample prior to
				notification
. Rule
				391-3-19-.04(4)
				requires an owner of real property to notify the Director when a release
				described in Rule
				391-3-19-.04(3) is
				discovered. An owner of real property is not required to sample prior to such
				notification. However, any owner of real property where a release has occurred
				shall furnish to the Director any information which that person may have or
				reasonably obtain which is relevant to the release when requested by the
				Director.
(2)
Exclusions.
The following are excluded from the notification
				requirements of this section:
(a) Any release
				that, within 30 days of the owner's discovery or of the effective date of these
				rules, whichever is later, no longer meets any criterion for notification under
				Rule 391-3-19-.04(3);
(b) Any defined release which is being
				cleaned-up under emergency response authorities other than the Hazardous Site
				Response Act where the person responsible for the cleanup remains in compliance
				with instructions given by the Division or by an on-scene coordinator under the
				NCP, such exclusion to expire 180 days after the date upon which the release
				began if at or after that time any of the criteria of Rule
				391-3-19-.04(3)
				are met;
(c) Emissions regulated
				under the Georgia Air Quality Control Act, O.C.G.A §
										12-9-1 et seq.;
(d) Releases of substances regulated under
				the Georgia Asbestos Safety Act, O.C.G.A. §
										12-2-1 et seq., except for
				releases at inactive disposal sites that are not in compliance with the
				performance standards in 40
				CFR 61.153;
(e) Point source discharges that are
				regulated under the Georgia Water Quality Control, O.C.G.A. §
										12-5-20 et seq.;
(f) Releases of a pesticide which has been
				registered under the Georgia Pesticide Control Act, O.C.G.A §
										2-7-50 et seq., when the release
				consists solely of the use of said pesticide in a manner consistent with its
				label or labeling;
(g) Releases
				regulated solely under the Georgia Underground Storage Tank Act, O.C.G.A.
				§
										12-13-1 et seq.;
(h) Releases of any petroleum-based fuel,
				lubricant, or hydraulic fluid;
(i)
				Releases consisting of treatment or disposal in a unit that is regulated, a
				permit issued, or rules promulgated, pursuant to the Georgia Hazardous Waste
				Management Act, O.C.G.A. §
										12-8-60 et seq., the Georgia Solid
				Waste Management Act, O.C.G.A. §
										12-8-20 et seq., or the Georgia
				Water Quality Control Act, O.C.G.A. §
										12-5-20 et seq., provided the
				Director has been informed, in accordance with requirements in such permit or
				rules, of any discovery that such releases exceed standards permitted by these
				statutes and the rule promulgated pursuant to these statutes;
(j) Releases arising from the use of a
				commercial product that has been manufactured and sold for household use which
				is used by a private individual in a manner consistent with and incidental to
				the manufacturer's recommended use of the product;
(k) Releases arising from the application to
				soil of fertilizers, liming materials, or soil amendments (unless any are used
				in a manner constituting disposal as defined and regulated in the Rules for
				Hazardous Waste Management, Chapter 391-3-11);
(l) Release of naturally-occurring
				radionuclides described in 40 CFR
				302.6(c);
(m) Direct radiation and/or releases of
				radionuclides regulated by the Division under the Georgia Radiation Control
				Act, O.C.G.A. §
										31-13 et seq., or by the U.S.
				Nuclear Regulatory Commission, or any successor agency, under the Atomic Energy
				Act of 1954, as amended;
(n) Any
				release to ground water that is discovered solely as a result of detection
				within a public drinking water system being monitored in accordance with the
				Rules for Safe Drinking Water, Chapter 391-3-5, provided that the Director is
				informed of such detection in accordance with the aforementioned Rules;
				and
(o) Releases that arise from
				land-disturbing activities involving the extraction and stockpiling of ores and
				mineral, or involving the removal, stockpiling, and replacement of overburden
				materials, at any mine permitted under the Georgia Surface Mining Act,
				O.C.G.A., §
										12-4-70 et seq.
(p) Any release to soil reported to the
				Division by a prospective purchaser pursuant to the Georgia Brownfield Act,
				O.C.G.A 12-8-200 et seq., unless the
				Director's approval of the corrective action plan or concurrence with the
				certification of compliance has been suspended or revoked.