44-16-11. Liability for violation and enforcement of environmental covenant.

A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:#

1. (1)

   A party to the covenant;#

2. (2)

   The agency;#

3. (3)

   Any person to whom the covenant expressly grants power to enforce;#

4. (4)

   Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;#

5. (5)

   A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or#

6. (6)

   A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.#

This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.#

A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.#