34A-17-4 Content of environmental covenant.
Content of environmental covenant.
(a) An environmental covenant must:
State that the instrument is an environmental covenant executed pursuant to this chapter;
Contain a legally sufficient description of the real property subject to the covenant;
Describe the activity and use limitations on the real property;
Identify every holder;
Be signed by the agency, every holder, and every owner of the fee simple of the real
property subject to the covenant; and
Identify the name and location of any administrative record for the environmental
response project reflected in the environmental covenant.
(b) In addition to the information required by subsection (a), an environmental covenant may
contain other information, restrictions, and requirements agreed to by the persons who signed it,
Requirements for notice following transfer of a specified interest in, or concerning
proposed changes in use of, applications for building permits for, or proposals for any site
work affecting the contamination on, the property subject to the covenant;
Requirements for periodic reporting describing compliance with the covenant;
Rights of access to the property granted in connection with implementation or
enforcement of the covenant;
A brief narrative description of the contamination and remedy, including the contaminants
of concern, the pathways of exposure, limits on exposure, and the location and extent of
Limitation on amendment or termination of the covenant in addition to those contained
in §§ 34A-17-9 and 34A-17-10; and
Rights of the holder in addition to its right to enforce the covenant pursuant to § 34A-17-11.
(c) In addition to other conditions for its approval of an environmental covenant, the agency may
require those persons specified by the agency who have interests in the real property to sign the
Source: SL 2005, ch 196, § 4.