Notice requirement; penalty for failure to provide notice

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A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:

  1. Each person that signed the covenant;
  2. Each person holding a recorded interest in the real property subject to the covenant;
  3. Each person in possession of the real property subject to the covenant;
  4. Each municipality or other unit of local government in which real property subject to the covenant is located; and
  5. Any other person the agency requires.

The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

Failure by any person to provide a copy of the covenant in the manner required by the agency shall be punishable by a civil penalty to be determined by the Commission on Environmental Quality consistent with the terms and provisions of Section 49-17-43.


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