Georgia Code
Part 2 - Hazardous Site Response
§ 12-8-92. Definitions

Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term:
This term does not include any consumer product in consumer use but does include any vessel.
Such term does not include a person who holds indicia of ownership primarily to protect said person’s security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility. Such term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; provided, however, that this exclusion shall not apply to any state or local government which has caused or contributed to the release of a hazardous waste, hazardous constituent, or hazardous substance from the facility.
History. Code 1981, § 12-8-92 , enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 1993, p. 500, § 3; Ga. L. 1994, p. 483, § 3; Ga. L. 1996, p. 319, § 3; Ga. L. 1996, p. 993, § 1; Ga. L. 2006, p. 275, § 3-4/HB 1320; Ga. L. 2010, p. 531, § 5/SB 78; Ga. L. 2010, p. 828, § 2/SB 490.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, “constituent” was substituted for “constitutent” near the end of subparagraph (9)(D).
Editor’s notes.
Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’ ”
Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.
Law reviews.
For article, “Structuring Corporate and Real Estate Transactions Involving Contamination,” see 4 Ga. St. B.J. 14 (1998).

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