A Division of the Georgia Department of Natural Resources

Brownfield

Contact: Brownfield Development Unit, 404.656.7802

Brownfield Public Record

Georgia received funding from the U.S. Environmental Protection Agency in federal fiscal year 2004 to enhance its public record capabilities.  Since then, Georgia has maintained a public record for properties undergoing voluntary actions pursuant to the Georgia Brownfield Act (Act).  The Brownfield Public Listing provides information on these properties in an abbreviated format, while the larger component of the public record consists of the documents used to reach decisions regarding investigation and remediation pursuant to the Act.  These documents include, but are not limited to, approved corrective action plans (CAPs), approved compliance status reports (CSRs), CAP approval letters, final limitation of liability certificates, and risk assessment comments.  The files for brownfield properties are available for review by appointment at 2 Martin Luther King, Jr. Dr. SE, Suite 1052 East Tower, Atlanta, GA, from 8 a.m. until 4 p.m., Monday through Friday.  Prospective purchasers may also register for an account and submit a brownfield application through the Georgia Environmental Online System portal (GEOS). Please contact the Brownfield Unit at (404) 656-7802 for more information.

Georgia Brownfield Properties

The Brownfield Public Listing is a summary table of information on properties for which a brownfield application has been received.  Specifically, the table provides approval dates for the corrective action plan (cleanup plan date) and the compliance status report (cleanup complete date).  Those properties at which investigations and cleanups are still underway will only have a cleanup plan date and “To Be Determined” (TBD) will be listed in the Risk Reduction Standard and Use Restricted columns.  For properties where investigations and cleanups are complete, the cleanup complete date, the residential or non-residential cleanup standard (RRS) that was achieved, and use restrictions (if applicable) are listed.  A property whose use is restricted means that the soil on the property was either brought into compliance with the non-residential cleanup standard or exposure to contaminants in the soil is being controlled through use of engineered and institutional controls.  The risk reduction standard column is blank or TBD for properties at which engineered and institutional controls were used to achieve compliance for soil and source material.  Both Hazardous Site Inventory (HSI State Superfund List) properties and non-HSI properties are shown.

Institutional Controls

The Rules for Hazardous Site Response contain provisions for institutional controls at sites listed on the HSI.  Deed notices and/or environmental covenants are required for HSI sites, including HSI brownfield properties, where EPD has determined that corrective action is warranted, where properties are in compliance with the non-residential RRS, and where control measures must be used because contaminant removal or decontamination is not feasible.

For brownfield properties that undergo investigations and cleanups pursuant to the Act, the certification of compliance with the residential or non-residential RRS functions as a de facto land use restriction.  Properties for which the prospective purchaser certifies compliance with the non-residential RRS are subject to revocation of their limitation of liability certificate if the property is later used or developed for residential purposes.  Such properties would be subject to enforcement actions under the Hazardous Site Response Act, or State Superfund Law (OCGA 12-8-90).

For brownfield properties that are unable to remove or decontaminate source material or soil, engineered controls are required to prevent migration of contaminants and human exposure.  A restrictive covenant is also required, detailing maintenance and monitoring of the engineered control and remedial actions.  The covenant may also require markers denoting the restricted use zone(s).  The restrictive covenant runs with the land and is binding on current and future property owners.  More information regarding environmental covenants, including a list of properties with finalized covenants can be found at the link below.

Brownfield Tax Incentives

Prospective purchasers of brownfield properties for which a CAP or CSR has been approved and a limitation of liability has been issued and not revoked are eligible to recoup eligible brownfield costs incurred to certify compliance through abatement of property taxes.  Cost documentation is provided to EPD for review, and a certification of costs is then issued to the prospective purchaser who applies to the local taxing authority for the preferential brownfield assessment.

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