[508C-11] Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:

(1) A party to the covenant;

(2) The department or any other agency specified in the covenant;

(3) Any person to whom the covenant expressly grants power to enforce;

(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

(5) A county in which the real property subject to the covenant is located.

(b) This chapter shall not limit the regulatory authority of the department or any governmental unit under law other than this chapter with respect to an environmental response project.

(c) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant. [L 2006, c 279, pt of 2]

 

 

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