44-16-2. Definitions.

As used in this chapter, the term:

“Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.#

“Agency” means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.#

“Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.#

“Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.#

“Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:#

1. (A)

   Under a federal or state program governing environmental remediation of real property;#

2. (B)

   Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or#

3. (C)

   Under a state voluntary clean-up program.#

“Holder” means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3.#

“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity.#

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.#