1.Civil action. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
A. A party to the covenant unless the agency determines otherwise for good cause at the time the environmental covenant is
created, but in that event the party has no liability for any violation of the covenant by others; [2005, c. 370, §1 (NEW).]
B. The agency or, if it is not the agency, the department; [2005, c. 370, §1 (NEW).]
C. Any person to whom the covenant expressly grants power to enforce; [2005, c. 370, §1 (NEW).]
D. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of
the covenant; or [2005, c. 370, §1 (NEW).]
E. A municipality or other unit of local government in which the real property subject to the covenant is located. [2005, c. 370, §1 (NEW).]
[
2005, c. 370, §1 (NEW)
.]
2.Effect or regulatory authority. This chapter does not limit the regulatory authority of the agency or the department under any law other than this chapter
with respect to an environmental response project.
[
2005, c. 370, §1 (NEW)
.]
3.Liability for environmental remediation. A person is not responsible for or subject to liability for environmental remediation solely because the person has the
right to enforce an environmental covenant.
[
2005, c. 370, §1 (NEW)
.]
SECTION HISTORY
2005, c. 370, §1 (NEW).
Data for this page extracted on 11/03/2009 08:48:40.