38 §3011. Enforcement of environmental covenant
Title 38: WATERS AND NAVIGATION
Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACTS HEADING: PL 2005, C. 370, §1 (NEW)
§3011. Enforcement of environmental covenant
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).