Liability for Violation and Enforcement of Environmental Covenant

  1. Law
  2. Georgia Code
  3. Property
  4. Uniform Environmental Covenants
  5. Liability for Violation and Enforcement of Environmental Covenant

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  1. 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 agency;
    3. Any person to whom the covenant expressly grants power to enforce;
    4. Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;
    5. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
    6. A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.
  2. This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.
  3. A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.

(Code 1981, §44-16-11, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)


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