§ 57-25-102. Definitions.

     As used in this chapter:

(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

(2) "Agency" means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created.

(3) "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.

(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.

(5) "Environmental response project" means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:

(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;

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

(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program.

(6) "Holder" means the grantee of an environmental covenant as specified in Subsection 57-25-103(1).

(7) "Jurisdiction" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(8) "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.

Enacted by Chapter 51, 2006 General Session