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-.05 - Reporting of Releases exceeding Reportable Quantities and Listing of Sites on the Hazardous Site Inventory

Universal Citation: GA Rules and Regs r 391-3-19-.05

Current through Rules and Regulations filed through March 20, 2024

(1) Listing on the Hazardous Site Inventory. The Director shall list a site on the Hazardous Site Inventory if the Director determines that a release exceeding a reportable quantity has occurred or that a release poses a danger to human health and the environment. A determination that a release exceeding a reportable quantity has occurred shall be made in accordance with the method in Appendix II.

(2) Release reporting. If the Director determines that a release exceeding a reportable quantity has occurred, he shall notify the property owner in writing of his finding. If the Director determines that a release exceeding a reportable quantity has not occurred, he shall likewise issue such determination in writing. Within 45 days of the receipt of the Director's written determination that a release exceeding a reportable quantity has occurred, the property owner shall submit the following information unless such information has already been submitted pursuant to Rule 391-3-19-.04(4):

(a) Name, mailing address, and telephone number of the site's property owner, lessee, tenant, or facility owner or operator;

(b) Street address of the site or, if a numbered street address is not available, a location descriptor;

(c) An original of the most current topographic map of scale 1:24,000 produced by the United States Geological Survey, with the geographic center of the site identified;

(d) A description of the property boundaries in the vicinity of the site, by legal description, survey plat, tax map, or other means;

(e) A chemical name, taken from appendix I, of each regulated substance released at the site which independently meets the notification criteria in Rule 391-3-19-.04(3);

(f) A general description of the nature of the release and the location of areas affected by the release or by its subsequent migration, both within and beyond the original site's property boundaries;

(g) If known, the source, quantity, and the date of the regulated substance released;

(h) Suspected or known date and quantity of each release at the site;

(i) Suspected or known source of each release at the site and the known or estimated extent of the area contaminated by said release or by its subsequent migration, both within and beyond the site's property boundaries;

(j) A summary of actions taken to investigate, clean up, or otherwise remediate the site;

(k) A statement which identifies the criteria of Rule 391-3-19-.04(3) by which the property owner determined that a release which requires notification has occurred.

(3) Notification under CERCLA 103(c). A property owner that has previously notified EPA under Section 103(c) of CERCLA may satisfy the requirements of Rule 391-3-19- 05(2) by submitting a copy of the 103(c) notice together with the topographic map referenced in Rule 391-3-19-.05(2)(c).

(4) Removal of sites from the Hazardous Site Inventory. The Director shall remove a site or an individual property at a site from the Hazardous Site Inventory if any of the following apply:

(a) The Director determines that it did not have a release which either exceeded a reportable quantity or posed a danger to human health or the environment at the time of listing the site on the Hazardous Site Inventory.

(b) The Director determines, that the site or individual property meets Type 1, Type 2, Type 3, Type 4, or Type 5 risk reduction standards of Rule 391-3-19-.07, and when required, the property owner has complied with Rule 391-3-19-.08(4) or Rule 391-3-19-.08(7).

O.C.G.A. Section 12-8-90 et seq.

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