Current through Rules and Regulations filed through December 18, 2024
(1)
Purpose
and Scope. This Rule applies to the use of the Hazardous Waste Trust
Fund to finance the state and local share of costs associated with the
investigation, remediation, post-closure care and maintenance of sites placed
on the National Priorities List pursuant to the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980, and on the
Hazardous Site Inventory pursuant to the Hazardous Site Response Act. For the
purposes of this Rule, state means any agency, board, bureau,
commission or authority of the State of Georgia. For the purposes of this Rule,
local government means any county or municipality or
consolidated city-county government, any local solid waste management
authority, or any regional solid waste management authority, or any regional
solid waste management authority created pursuant to O.C.G.A. §
12-8-53 of the Comprehensive
Georgia Solid Waste Management Act.
(2)
Eligibility Requirements. A
state or local government may be eligible to receive financial assistance from
the Hazardous Waste Trust Fund under this section for eligible costs described
in Rule 391-3-19-.09(4)(a)
provided that the state or local government meets all the following eligibility
requirements:
(a) the site for which
financial assistance is requested is a solid waste handling facility as defined
by Rule 391-3-4-.01(67) of
the Rules for Solid Waste Management and is listed on the National Priorities
List or the Hazardous Site Inventory;
(b) the Director has notified the state or
local government in writing that they are a responsible party for the
site;
(c) the state or local
government has entered into a contract with the Director which describes the
financial assistance provided and the activities for which the monies shall be
used;
(d) the state or local
government has established and maintains an accounting system in accordance
with the Governmental Accounting Standards Board (GASB);
(e) the state or local government has adopted
an authorizing resolution; and
(f)
the state or local government has submitted to the Director a completed
application for financial assistance on forms as provided by the
Director.
(g) the state or local
government has submitted to the Director a written statement of the percentage
of total costs associated with the actions described in Rule
391-3-19-.09(4)(a)
for which a state or local government is liable. Such statement shall also
include a description of how such percentage was determined including the
results of negotiations with any other responsible parties for the
site.
(3)
Financial
Assistance. A state or local government that meets all the eligibility
requirements described in Rule
391-3-19-.09(2)
may receive financial assistance from the Hazardous Waste Trust Fund as
described in Rule
391-3-19-.09(3)(a), (b) and
(c). However, total payment of eligible costs
from the Hazardous Waste Trust Fund shall in no event exceed $2,000,000 per
site.
(a) For state or local governments that
have been designated as a responsible party for a site, and that are not the
owner of the site, the Director may pay up to 50% of the first $500,000 of
eligible costs, as described in Rule
391-3-19-.09(4)(a),
and up to 25% of all eligible costs exceeding $500,000.
(b) For state or local governments, excluding
counties or municipal corporations, that have been designated as a responsible
party for a site, and that are the owner of the site, the Director may pay up
to 50% of the first $500,000 of eligible costs, as described in Rule
391-3-19-.09(4)(a),
and up to 25% of all eligible costs exceeding $500,000.
(c) For counties or municipal corporations
that have been designated as a responsible party for a site and that own or
operate such site, the Director shall pay 100% of the first $500,000 of
eligible costs, as described in Rule
391-3-19-.09(4)(a),
and may pay up to 50% of all eligible costs exceeding $500,000.
(d) In the event that the unencumbered
balance of the Hazardous Waste Trust Fund falls below $4.0 million, the
Director may suspend the provision of financial assistance to state and local
governments as described herein.
(4)
Eligible Costs. Eligible
costs are the percentage of the total costs associated with the actions
described in Rule
391-3-19-.09(4)(a)
for sites described in Section
391-3-19-.09(2)(a)
for which a state or local government may seek financial assistance pursuant to
Rule 391-3-19-.09(2).
(a) Only the costs associated with the
following actions eligible for payment:
1.
Completion and submittal of a compliance status report as required by Rule
391-3-19-.06(3);
2. Certification of compliance with the risk
reduction standards as required by Rule
391-3-19-.06(4);
3. Compliance with the public participation
requirements required by Rule
391-3-19-.06(5);
4. Corrective action required by an order of
the Director issued pursuant to O.C.G.A. §
12-8-96 of the Hazardous Site
Response Act.;
5. Response required
by an order of the EPA Regional Administrator issued pursuant to Sections 104
and 106 of CERCLA. For the purposes of this section, the term
response shall have the same meaning as that used in section
101(25) of CERCLA;
6. Post-closure
care not required by Section
391-3-4-.12 of the Rules for Solid
Waste Management but which may be required by the Director under an order
issued pursuant to the Hazardous Site Response Act; or
7. Corrective action and assessment
monitoring required by a solid waste handling permit or an order by the
Director pursuant to the Comprehensive Solid Waste Management Act.
(b) The following costs are not
eligible for payment:
1. Purchase or routine
maintenance of equipment of a durable nature that is expected to have a period
of service of one (1) year or more after being put into use site without
material impairment of its physical condition, unless the applicant can be
adequately demonstrate that the equipment was a total loss and that the loss
occurred during the activities for which reimbursement is being
requested;
2. Materials or supplies
not purchased specifically for the activities for which reimbursement is being
requested;
3. Administrative costs
associated with filing an application for funding from the Hazardous Waste
Trust Fund;
4. Employee salaries
and out-of-pocket expenses normally provided for in the applicant's operating
budget (i.e.; meals, fuel) and employee fringe benefits;
5. Medical expenses incurred as a result of
activities at the site;
6. Legal
expenses;
7. Other expenses which
the Director determines are not directly related to the investigation,
redemption, post-closure care and maintenance of the site;
8. Costs arising as a result of claims for
damages filed by third parties against the state or local government or its
agents;
9. Costs resulting from
releases that occur as a result of violations of state or federal laws, rules
or regulations; and
10.
Post-closure care required solely by Section
391-3-4-.12 of the Rules for Solid
Waste Management.
11. Any costs
described in Rule
391-3-19-.09(4)(a)
for sites where the state or local government becomes the owner or operator
after the site is listed on the Hazardous Site Inventory or the National
Priorities List.
12. Any costs
described in Rule
391-3-19-.09(4)(a)
for sites where the state or local government had knowledge at the time of
becoming the owner or operator that a release of a regulated substance had
occurred at such site.
(5)
Application Procedures. Any
state or local government that meets the eligibility requirements under Section
391-3-19-.09(2)
and that is seeking financial assistance from the Hazardous Waste Trust Fund
shall submit an application on forms as may be approved by the Director.
(a) The Director may determine that an
application is incomplete and shall notify the applicant that additional
information is required before the application may be further processed or
approved.
(b) The Director must
approve an application prior to the expenditure of funds from the Hazardous
Waste Trust Fund under this Section.
O.C.G.A. §
12-8-90 et
seq.
