6509 - Duration.

     § 6509.  Duration.        (a)  Perpetual.--An environmental covenant is perpetual     unless one of the following applies:            (1)  It is limited by its terms to a specific duration or        the occurrence of a specific event.            (2)  It is terminated by consent under section 6510        (relating to amendment or termination by consent).            (3)  It is terminated under subsection (b).            (4)  It is terminated by foreclosure of an interest which        has priority over the environmental covenant.            (5)  It is terminated or modified by judicial decree in        an eminent domain proceeding, but only if:                (i)  the agency which signed the environmental            covenant consents to the judicial action;                (ii)  all persons identified in section 6510(a) and            (b) are given notice of the pendency of the eminent            domain proceeding; and                (iii)  the court determines, after hearing, that the            termination or modification will not adversely affect            human health or the environment.        (b)  Judicial modification.--A court, in an action in which     all persons identified in section 6510(a) and (b) have been     given notice, may terminate or modify the environmental covenant     on the real property subject to the environmental covenant if     any of the following apply:            (1)  The agency which signed an environmental covenant        has determined that:                (i)  the intended benefits of the environmental            covenant can no longer be realized; or                (ii)  changed circumstances indicate that the            intended benefits can only be realized through            modification of the environmental covenant.            (2)  A standard allowing for a reopener of a completed        environmental response project under section 505 of the Land        Recycling Act is met.        (c)  Other modifications.--Except as otherwise provided in     subsection (a) or (b), an environmental covenant may not be     extinguished, limited or impaired through:            (1)  issuance of a tax deed;            (2)  foreclosure of a tax lien; or            (3)  application of the doctrine of adverse possession,        prescription, abandonment, waiver, lack of enforcement or of        a similar doctrine.        Cross References.  Section 6509 is referred to in sections     6504, 6508 of this title.