765 ILCS 122/2

Current through Public Act 103-1052

Section 765 ILCS 122/2 - Definitions

In this Act:

"Activity and use limitations" means restrictions or obligations created under this Act with respect to real property.

"Agency" means the Illinois Environmental Protection Agency or any other State or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

"Board" means the Pollution Control Board established by the Environmental Protection Act.

"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 that (i) arises under an environmental response project or under a court or Board order and (ii) imposes activity and use limitations.

"Environmental response project" means a plan or work that is:

(1) approved or overseen by an agency; and

(2) performed or conducted to clean up, remediate, eliminate, investigate, minimize, mitigate, or prevent the release or threatened release of contaminants affecting real property in order to protect public health or welfare or the environment, including, but not limited to :

(A) under a federal or State program governing environmental remediation of real property, including, but not limited to, programs under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.), the Environmental Protection Act, or any rule or regulation adopted thereunder ;

(B) incident to the closure of a solid or hazardous waste management unit, if the closure is conducted with the approval of an agency ;

(C) under a State voluntary clean-up program authorized under the Environmental Protection Act or any rule adopted thereunder ;

(D) (blank) ;

(E) (blank) ;

(F) (blank) ;

(G) (blank) ; or

(H) (blank) .

"Holder" means the grantee of an environmental covenant as specified in Section 3(a).

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

"Prior interest" means a preceding or senior interest, in time or in right, that is recorded with respect to the real property, including but not limited to a mortgage, easement, or other interest, lien, or encumbrance predating the recording of an environmental covenant.

"Record", used as a noun, 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.

765 ILCS 122/2

Amended by P.A. 103-0028,§ 5, eff. 1/1/2024.

Amended by P.A. 099-0396,§ 10, eff. 8/18/2015.

Added by P.A. 095-0845,§ 2, eff. 1/1/2009.