Summary
The Georgia Court of Appeals affirmed dismissal of Walker County’s contribution claim under the Georgia Hazardous Site Response Act. The court held that “corrective action” for purposes of the statute’s contribution provision requires involvement by the Environmental Protection Division Director through an administrative consent or administrative order, and does not include unilateral cleanup efforts.
Holdings
- The "corrective action" referenced in OCGA § 12-8-96.1(e) does not include environmental cleanup efforts undertaken independently by a party without involvement of the EPD Director. Corrective action by a person must be taken pursuant to an administrative consent order entered with the EPD Director or an administrative order issued by the EPD Director.
Questions Presented
- Whether the term "corrective action" in OCGA § 12-8-96.1(e) includes environmental cleanup activities undertaken unilaterally by a party without involvement of the EPD Director.
- Whether Walker County could pursue contribution under the HSRA for costs associated with its voluntary cleanup of the crematory property.
Disposition
affirmed
Cases Cited (8)
- Tate v. Kia Autosport of Stone Mountain, 273 Ga. App. 627, 616 S.E.2d 112 (2005)(followed)
- Gillis v. American General Life Insurance Co., 222 Ga. App. 891, 476 S.E.2d 648 (1996)(followed)
- Walker County v. Tri-State Crematory, 284 Ga. App. 34, 643 S.E.2d 324 (2007)(prior procedural history)
- Footstar v. Liberty Mutual Insurance Co., 281 Ga. 448, 637 S.E.2d 692 (2006)(followed)
- Reheis v. Baxley Creosoting & Osmose Wood Preserving Co., 268 Ga. App. 256, 601 S.E.2d 781 (2004)(followed)
- McElmurray v. Augusta-Richmond County, 274 Ga. App. 605, 618 S.E.2d 59 (2005)(followed)
- Briggs & Stratton Corp. v. Concrete Sales & Services, 20 F. Supp. 2d 1356 (M.D. Ga. 1998)(not persuasive)
- Holland v. Independent Fire Insurance Co., 168 Ga. App. 761, 310 S.E.2d 297 (1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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