05 LC 34
0171
House
Resolution 86
By:
Representatives Rogers of the
26th,
Reece of the
27th,
and Mills of the
25th
A
RESOLUTION
Compensating
B & A Construction Co., Inc.; and for other purposes.
WHEREAS,
B & A Construction Co., Inc., was a subcontractor engaged in construction of
WalMart projects in Loganville, Georgia, and Monroe, Georgia; and
WHEREAS,
the Environmental Protection Division of the Department of Natural Resources
fined WalMart for repeated violations of state law regarding erosion and
sedimentation; and
WHEREAS,
the fines on the Loganville project amounted to $90,000.00 plus $39,000.00 in
legal fees; and
WHEREAS,
the fines on the Monroe project amounted to $70,000.00 plus $39,000.00 in legal
fees; and
WHEREAS,
WalMart has paid the fines in full; and
WHEREAS,
WalMart had a hold harmless agreement in its contract with B & A
Construction Co., Inc., and deducted the amounts of the fines and legal fees
from its payment to B & A Construction Co., Inc.; and
WHEREAS,
the Environmental Protection Division has stated that it was unaware that B
& A Construction, Inc., was an in-state contractor and part of the reason
for the amount of the fines against WalMart was based on the conclusion that the
general contractor and the sub-grading contractor were from out of state;
and
WHEREAS,
the Environmental Protection Division has stated that the fine for an in-state
contractor in the Loganville case would only have been $5,000.00 and in the
Monroe case it would have been $15,000.00; and
WHEREAS,
the size of the fines and the legal fees were meant to punish WalMart and not B
& A Construction, Inc., and it is only fitting and proper that it be
compensated for the financial losses.
NOW,
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the
Environmental Protection Division of the Department of Natural Resources is
authorized and directed to pay the sum of $238,000.00 to B & A Construction,
Inc., as compensation as provided above. Said sum shall be paid from funds
appropriated to or available to said Environmental Protection Division of the
Department of Natural Resources and shall be in full and complete satisfaction
of all claims against the state arising out of said occurrences.