Reheis v. Baxley Creosoting & Osmose Wood Preserving Co.

MIKELL, Judge.

OCGA § 12-8-96.1 (a) of the Georgia Hazardous Site Response Act (“HSRA”) permits the state to recover the reasonable costs incurred in cleaning up hazardous waste sites, as well as attorney fees and punitive damages. In this case of first impression, we hold that defendants sued under Code section 12-8-96.1 (a) have no right to a jury trial on the issue of whether the actual costs were reasonable, but they may demand a jury trial on the issue of punitive damages. We further conclude that cost recovery determinations made by the Environmental Protection Division (“EPD”) of the…