65-1,228. Same; restrictions or prohibitions.
65-1,228
65-1,228. Same; restrictions orprohibitions.(a) An environmental use control pursuant to this act mayrestrictor prohibit the activities at or uses of property. The restrictions imposedshall be those agreedto by the applicant anddeemed necessary by the department to protect the public from exposures tocontaminants whichremain at the property.
(b) An environmental use control pursuant to this act may includeor require the following:
(1) Prompt notification to the department of any transfer of the property,such notice to be given by thetransferor;
(2) prompt notification to the department of any change in use of theproperty, such notice to be given by the property owner;
(3) maintenance of protective structures or remedial systems at the property,such as soilcaps, soil covers, soil surfaces, berms, drainage structures, vegetation,monitoring wells or otherstructures or systems;
(4) access to the property by agents of the department as necessary toinspect and monitorremediationactivities, monitoring wells, surface streams and protective structures orremedial systems and toensure implementation and enforcement of the requirements, restrictions andother limitations of theenvironmental use controls;
(5) any other obligations necessary to reduce or eliminate risks or threatsto human healthand the environment from the property; or
(6) a one-time payment or long term care agreement to provide funding forenvironmentaluse control oversight.
(c) Restrictions, prohibitions and zoning requirements placed on property bya local or state government may be substituted in place of an environmental usecontrol. Such restrictions, prohibitions and zoning requirements may beutilized in addition with any environmental use controls approved by thedepartment. This provision does not grant or expand authority of localgovernment to restrict, prohibit, zone or regulate land.
(d) All interests not limited by the environmental use control shall remainwith the owner.
History: L. 2003, ch. 130, § 8; July 1.