3.__Extinguished, limited or impaired.__Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.

4.__Laws governing marketable title and dormant mineral interests.__An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.

§3010.__Amendment or termination by consent

1.__Amendment or termination.__An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

A.__The agency;

B.__Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;

C.__Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

D.__Except as otherwise provided in subsection 4, paragraph B, the holder.

2.__Effect of amendment of covenant.__If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

3.__Assignment to new holder.__Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.