6504 - Contents of environmental covenant.
§ 6504. Contents of environmental covenant. (a) Required information.--An environmental covenant must: (1) state that the instrument is an environmental covenant executed pursuant to this chapter; (2) contain a legally sufficient description of the real property subject to the environmental covenant; (3) contain a brief narrative description of the contamination and the remedy; (4) describe the activity and use limitations on the real property; (5) identify every holder; (6) be signed, with the formalities required for a deed, by: (i) the agency, unless there is a deemed approval under subsection (c)(4); (ii) every holder; and (iii) every owner in fee simple of the real property subject to the environmental covenant, unless waived by the agency; and (7) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) Permitted information.--In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including: (1) requirements for notice following transfer of a specified interest in, or 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 environmental covenant; (2) requirements for periodic reporting describing compliance with the environmental covenant; (3) rights of access to the property granted in connection with implementation or enforcement of the environmental covenant; (4) restriction or limitation on amendment or termination of the environmental covenant in addition to those contained in sections 6509 (relating to duration) and 6510 (relating to amendment or termination by consent); (5) rights of the holder in addition to its right to enforce the environmental covenant under section 6511 (relating to enforcement of environmental covenant); and (6) a 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. (c) Agency.-- (1) Prior to signing a covenant, an agency may review the covenant and provide its conditions for approval. (2) In addition to other conditions for its approval of an environmental covenant, an agency may require those persons specified by the agency that have interests in the real property to sign the covenant. (3) Except as set forth in paragraph (4), signature by an agency on an environmental covenant constitutes its approval of the environmental covenant. (4) Failure of the department to approve or disapprove an environmental covenant within 90 days of receipt of all information reasonably required by the department to make a determination shall be deemed an approval of the environmental covenant. (5) The department's decision to approve or not approve an environmental covenant is appealable to the board.