Ala. Admin. Code r. 335-5-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-5-2-.01 - Covenant Contents

(1) An environmental covenant is not effective unless it includes all of the following information:

(a) A statement that the instrument is an environmental covenant executed pursuant to the Act.

(b) A legally sufficient description of the real property subject to the covenant.

(c) A description of the activity and use limitations on the real property.

(d) Identification of every holder.

(e) The signatures of the Director, every holder, and unless waived by the Department in writing, every owner of the fee simple of the real property subject to the covenant.

(f) The name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(2) The covenant may also contain any other information, restrictions, and requirements, including but not limited to any of the following:

(a) Requirements for notice following transfer of a specified interest in the property subject to the covenant.

(b) Requirements for notice 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 covenant.

(c) Requirements for periodic reports of compliance with the covenant.

(d) Rights of access to the property which are granted in connection with implementation or enforcement of the covenant.

(e) A brief 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.

(f) An exculpatory provision that releases the grantor from future claims by the grantee or the grantee's successor in title that is consistent and enforceable under the laws of this State.

(g) Limitations on amendment or termination of the covenant in addition to those provided in 335-5-4-.02.

(h) Rights of the holder in addition to the holder's right to enforce the covenant pursuant to 335-5-5-.01.

(i) The name of the person who shall submit the environmental covenant to ADEM for listing in the registry required in 335-5-1-.05.

Ala. Admin. Code r. 335-5-2-.01

New Rule: Filed April 21, 2009; effective May 26, 2009.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 03, December 29, 2023, eff. 2/12/2024.

Author: James L. Bryant; Lawrence A. Norris, R. Blake Schmidt, Pamela W. Luckie.

Statutory Authority:Code of Ala. 1975, §§ 35-19-4; 35-19-13.