LD 1559
pg. 8
Page 7 of 9 An Act To Adopt the Uniform Environmental Covenants Act Page 9 of 9
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LR 2059
Item 1

 
4.__Assignment by holder; removal and replacement of holder.__
Except as otherwise provided in an environmental covenant:

 
A.__A holder may not assign its interest without consent of
the other parties; and

 
B.__A holder may be removed and replaced by agreement of the
other parties specified in subsection 1.

 
5.__Vacancy filled by court.__A court of competent
jurisdiction may fill a vacancy in the position of holder.

 
§3011.__Enforcement of environmental covenant

 
1.__Civil action.__A civil action for injunctive or other
equitable relief for violation of an environmental covenant may
be maintained by:

 
A.__A party to the covenant unless the agency determines
otherwise for good cause at the time the environmental
covenant is created, but in that event the party has no
liability for any violation of the covenant by others;

 
B.__The agency or, if it is not the agency, the department;

 
C.__Any person to whom the covenant expressly grants power
to enforce;

 
D.__A person whose interest in the real property or whose
collateral or liability may be affected by the alleged
violation of the covenant; or

 
E.__A municipality or other unit of local government in
which the real property subject to the covenant is located.

 
2.__Effect or regulatory authority.__This chapter does not
limit the regulatory authority of the agency or the department
under any law other than this chapter with respect to an
environmental response project.

 
3.__Liability for environmental remediation.__A person is not
responsible for or subject to liability for environmental
remediation solely because the person has the right to enforce an
environmental covenant.

 
§3012.__List of environmental covenants; notice of recording

 
1.__Maintain list.__The department may maintain a list of all
environmental covenants adopted under this chapter, which


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