| | | 4.__Assignment by holder; removal and replacement of holder.__ | | Except as otherwise provided in an environmental covenant: |
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| | | A.__A holder may not assign its interest without consent of | | the other parties; and |
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| | | B.__A holder may be removed and replaced by agreement of the | | other parties specified in subsection 1. |
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| | | 5.__Vacancy filled by court.__A court of competent | | jurisdiction may fill a vacancy in the position of holder. |
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| | | §3011.__Enforcement of environmental covenant |
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| | | 1.__Civil action.__A civil action for injunctive or other | | equitable relief for violation of an environmental covenant may | | be maintained by: |
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| | | 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; |
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| | | B.__The agency or, if it is not the agency, the department; |
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| | | C.__Any person to whom the covenant expressly grants power | | to enforce; |
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| | | 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 |
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| | | E.__A municipality or other unit of local government in | | which the real property subject to the covenant is located. |
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| | | 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. |
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| | | 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. |
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| | | §3012.__List of environmental covenants; notice of recording |
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| | | 1.__Maintain list.__The department may maintain a list of all | | environmental covenants adopted under this chapter, which |
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