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Walker County v. Tri-State Crematory

ELR Citation: 38 ELR 20170
Nos. No. A08A0684, (Ga. Ct. App., 07/02/2008)

A Georgia appellate court affirmed a lower court decision dismissing a county's contribution claim against a crematory under the state's hazardous waste law. The "corrective action" referenced in the Hazardous Site Response Act does not contemplate environmental cleanup efforts undertaken independently by a party without the involvement of the state Environmental Protection Division director. Rather, the term refers to action taken pursuant to an administrative consent order entered with the Director or action taken pursuant to an administrative order issued by the director directing that the necessary action be taken. Because the county voluntarily cleaned up the property at issue without the involvement of the director, it cannot seek contribution from the defendants.