As used in this chapter:
| (1) |
“Environmental institutional control” or “institutional control” means, with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
Terms Used In Utah Code 19-10-102- Deed: The legal instrument used to transfer title in real property from one person to another.
- Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and |
| (b) |
| (i) |
limits the use of the real property, groundwater, or surface water; |
| (ii) |
limits activities that may be performed on or at the property; or |
| (iii) |
requires maintenance of any engineering or other control. |
|
|
| (2) |
“Executive director” means the executive director of the state Department of Environment Quality or the executive director’s designated representative. |
Enacted by Chapter 44, 2003 General Session
