Section 128-14-007 - Restrictive covenant for disposal permitBefore allowing disposal operations to commence, the owner of the land to be used for disposal of hazardous wastes shall execute and file with the Department and the Register of Deeds of the county where such land is located the following Restrictive Covenants:
The undersigned (Owner) is the owner of the following described real estate:
These Restrictive Covenants are established upon the property.
1. The property will be used for the disposal of hazardous wastes.2. (Insert regulations which govern operation of the site, which should be a matter of constructive notice to prospective purchasers during the operation of the facility.)3. The future use of the property is restricted by applicable federal and state regulations governing hazardous waste disposal facilities, and any future use may not disturb the integrity of the final cover, liners or any other components of any containment system or the function of the monitoring systems of the facility, without the prior written approval of the Director of the Nebraska Department of Environmental Quality.4. A map of the type, location and quantity of hazardous wastes disposed of within the property will be filed within 60 days of closure with the Register of Deeds and with the Director of the Nebraska Department of Environmental Quality.5. These Restrictive Covenants shall run with the land and shall be binding upon and enforceable by the Owner, all persons claiming under the Owner and the Director of the Nebraska Department of Environmental Quality. These Restrictive Covenants may be terminated or modified, in writing, by the Owner only with the written and recorded consent of the Director of the Nebraska Department of Environmental Quality.6. The enforcement of these Restrictive Covenants may be by proceedings at law or in equity against any person violating or attempting to violate any provision hereof. The proceedings may be to restrain the violation or to recover damages.7. The invalidation of any one of these Restrictive Covenants shall not affect the validity of the remaining provisions hereof. Dated________________, 20___ (COMPANY NAME) By:___________________
President
STATE OF NEBRASKA
COUNTY OF _______________)
The foregoing instrument was acknowledged before me this ___ day of _________________, 20___, by (name of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation.
_________________________ Notary Public
128 Neb. Admin. Code, ch. 14, § 007
Amended effective 7/6/2016.