Current through Register Vol. 54, No. 45, November 9, 2024
Section 253.2 - Contents and form of environmental covenant(a) An environmental covenant must contain the following: (1) A statement that the instrument is an environmental covenant executed under UECA.(2) A legally sufficient description of the real property subject to the environmental covenant.(3) A brief narrative description of the contamination and the remedy.(4) A description of the activity and use limitations on the real property.(5) An identification of every holder.(6) The signatures, with the formalities required for a deed, by the following: (i) The agency, unless the environmental covenant has been deemed approved under subsection (c)(4).(iii) Every owner in fee simple of the real property subject to the environmental covenant, unless waived by the agency.(7) The name and location of any administrative record for the environmental response project reflected in the environmental covenant.(8) A clause that the covenant may be amended or terminated as to any portion of the real property subject to the covenant that is acquired for use as highway right of way by the Commonwealth, providing that: (i) The Department waives the requirements for an environmental covenant and for conversion under section 6517 of UECA (relating to relationship to other laws) to the same extent that the environmental covenant is amended or terminated.(ii) The Department determines that termination or modification of the environmental covenant will not adversely affect human health or the environment.(iii) The Department will provide 30-days advance written notice to the current property owner, each holder, and, as practicable, each person that originally signed the environmental covenant or successors in interest to those persons.(b) An environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including the following:(1) The requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting the contamination on the property subject to the environmental covenant.(2) The requirements for periodic reporting describing compliance with the environmental covenant.(3) The rights of access to the property granted in connection with implementation or enforcement of the environmental covenant.(4) The restrictions or limitations on amendment or termination of the environmental covenant in addition to those contained in sections 6509 and 6510 of UECA (relating to duration; and amendment or termination by consent).(5) The rights of the holder in addition to its right to enforce the environmental covenant under section 6511 of UECA (relating to enforcement of environmental covenant).(6) A detailed narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination.(7) Limitations on the duration of the environmental covenant.(c) Agency review will be as follows: (1) Prior to signing an environmental covenant, an agency may review the covenant and provide its conditions for approval, including subordination under § 253.8 (relating to subordination), if the conditions are applicable to the implementation of a remedy (including any postremediation care plan that is part of the remediation).(2) In addition to other conditions for its approval of an environmental covenant, an agency may require those persons specified by the agency that have interests in the real property to sign the covenant.(3) Except as set forth in paragraph (4), signature by an agency on an environmental covenant constitutes its approval of the environmental covenant. Disapprovals of an environmental covenant by the Department will be made in writing to the person submitting the environmental covenant and will describe the basis for the disapproval.(4) Failure of the Department to approve or disapprove an environmental covenant within 90 days of receipt of all information reasonably required by the Department to make a determination shall be deemed an approval of the environmental covenant, unless the Department and the remediator agree to an extension of time.(5) The date the Department receives an environmental covenant for review and the information reasonably required by the Department to make a determination concerning the approval or disapproval of the environmental covenant, shall be the date of receipt under section 6504(c)(4) of UECA (relating to contents of environmental covenant) and for purposes of this chapter.(6) The Department's decision to approve or not approve an environmental covenant is appealable to the EHB.(d) An environmental covenant may be in the form of the Model Covenant posted on the Department's web site or may be in any other form acceptable to the agency.(e) If the environmental covenant covers commonly owned property in a common interest community, the covenant may be signed by any person authorized by the governing board of the owners association.