Enforcement of environmental covenant

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(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 Attorney General of the District of Columbia;

(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 municipality or other unit of local government in which the real property subject to the covenant is located.

(b) This chapter does not limit the regulatory authority of the environmental agency or the Environmental Health Administration, or its successor, under law other than this chapter with respect to an environmental response project.

(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

(May 12, 2006, D.C. Law 16-95, § 110, 53 DCR 1652.)

Section References

This section is referenced in § 8-671.03.

Editor's Notes

Uniform Law: This section is based upon § 10 of the Uniform Environmental Covenants Act.


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