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 agency or, if it is not the agency, the Department of Planning and Natural Resources;

    • (3) any other 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; and

    • (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 agency or the Department of Planning and Natural Resources under other law with respect to an environmental response project.

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


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