Under the Georgia Environmental Protection Division Brownfield Program, prospective purchasers investigate contaminant releases and conduct soil and source material cleanup if needed. In return, prospective purchasers are relieved of liability for groundwater cleanup and third party claims arising from past releases. This limitation of liability transfers to subsequent purchasers of the property. A companion property tax law provides preferential ad valorem tax assessment for brownfields, creating opportunities for recovery of investigation and cleanup costs.
Georgia Brownfield Properties
The Brownfields Program website provides summary tables for properties that have cleanup actions planned, in progress or completed under Georgia's Brownfield Act. The tables list the cleanup standard (risk reduction standard or RRS) that was achieved, and identify properties with use restrictions. Both Hazardous Site Inventory (State Superfund List or HSI) properties and non-HSI properties are listed.
Georgia has developed an institutional controls tracking mechanism for properties where federal Superfund [CERCLA 128(a)] funding may be used for oversight. Georgia's state superfund law, the Hazardous Site Response Act (O.C.G.A. §12-8-90), establishes requirements for institutional controls at sites that have been placed on the hazardous site inventory (the state superfund list). These requirements apply to all listed sites prior to attainment of cleanup standards, and continue to apply to certain sites even after cleanup is complete. CERCLA 128(a) funding will be used to maintain and verify institutional controls at non-HSI properties that are undergoing response actions under the Georgia Brownfield Act.
Information about Brownfield Tax Incentives can also be found on the Brownfields Program website.