Model Resolution Form - Georgia Department Of Natural Resources printable pdf download

MODEL RESOLUTION

[Authorization to Make Application for Financial Assistance]

WHEREAS, _________________________ is a “state” or “local government” as defined in the Rules of

the Georgia Department of Natural Resources, Environmental Protection Division (hereinafter, “EPD

Rules”), Rule number 391-3-19-.09; and

WHEREAS, _________________________ is a (county/municipal corporation) [OR] is not a county

or municipal corporation within the meaning of O.C.G.A. Section 12-8-95(b)(4) and EPD Rule 391-3-

19-.09; and

WHEREAS, the site more particularly described in Exhibit “A” attached hereto is a solid waste handling

facility as defined by EPD Rule 391-3-4-.10(67) (hereinafter, “the Site”), and has been placed on the

National Priorities List pursuant to the federal Comprehensive Environmental Response,

Compensation and Liability Act of 1980 [ AND/OR] on the Hazardous Site Inventory pursuant to

the Hazardous Site Response Act (O.C.G.A., Section 12-8-90 et seq.); and

WHEREAS, the Director of the Georgia Department of Natural Resources, Environmental

Protection Division (“EPD”) [AND/OR] United States Environmental Protection Agency has

notified _______________________ in writing that it is a “responsible party” (as defined in EPD Rule

391-3-19-.02(2)(s)) for the Site; and

WHEREAS, _________________________ has expended [OR] has already expended, and

anticipates expending in the future, [OR] anticipates expending certain costs associated with the

investigation, remediation, post-closure care and maintenance of the Site (hereinafter, “the Costs”); and

WHEREAS, the Costs (or a portion thereof) may be eligible for reimbursement [OR] advance [OR]

reimbursement and/or advance to ______________________________ by the Director of EPD from

the Hazardous Waste Trust Fund (pursuant to O.C.G.A. Section 12-8-90 et seq., EPD Rule 391-3-19-.09

and other pertinent law), provided said Costs (or portion thereof) are determined by EPD to be “Eligible

Costs” (as defined in EPD Rule 391-3-19-.09(4)(a)), and provided ____________________________ has

met the “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2); and

WHEREAS, the said “Eligibility Requirements” set forth in EPD Rule 391-3-19-.09(2) require, among

other things, that the following criteria be met in order for the Costs (or portion thereof) to be eligible for

reimbursement [OR] reimbursement and/or advance :

“ ... (e) the state or local government has adopted an authorizing resolution; and

(f ) the state or local government has submitted to the Director [of EPD] a completed

application for financial assistance on forms as provided by the Director...” ; and

WHEREAS, _________________________ desires to make application to EPD for reimbursement

[OR] reimbursement and/or advance of the Costs (or a portion thereof) on the form(s) provided by the

Director of EPD (as completed and attached hereto as Exhibit “B”), and to take any other action which

may be necessary or appropriate to have the Costs (or portion thereof) fully considered for such purposes;

and

WHEREAS, in the event the attached applications are approved by EPD, _________________________

desires to receive the sums approved by EPD as reimbursement [OR] reimbursement/advance of the

Model Resolution Form - Georgia Department Of Natural Resources