Land use disclosures - Filing - Violation of authorized uses.

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A. 1. All land use disclosures shall be filed in the land records by the participant in the office of the county clerk where the site is located.

2. Within thirty (30) days of receipt of the Certificate of Completion or the Certificate of No Action Necessary, the participant shall submit to the Department of Environmental Quality an official copy of the land use disclosure filed with the county clerk in the county in which the site is located.

3. Failure to record the land use disclosure with the county clerk and submit the official copy to the Department as required by this section shall render the Certificate of Completion or Certificate of No Action Necessary voidable.

B. Whoever knowingly converts, develops or uses a brownfield site in violation of an authorized use as specified in the land use disclosure shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment. Each day such violation continues shall be considered a separate offense.

Added by Laws 1996, c. 356, § 7, emerg. eff. June 14, 1996. Amended by Laws 2009, c. 48, § 7, eff. July 1, 2009.


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