Delaware Code Title 7 Sec. 7909 – Contents of environmental covenant
(a) An environmental covenant must:
(1) State that the instrument is an environmental covenant executed pursuant to this subchapter.
(2) Contain a legally sufficient description of the real property subject to the covenant;
(3) Describe the activity and use limitations on the real property;
(4) Identify the holder which may be an owner or agency;
(5) Be signed by the Department, all owners of the real property subject to the covenant and the holders with the formalities for a deed; and
(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
Terms Used In Delaware Code Title 7 Sec. 7909
- Activity and use limitations: means restrictions or obligations with respect to real property created under this subchapter. See Delaware Code Title 7 Sec. 7907
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Natural Resources and Environmental Control (DNREC). See Delaware Code Title 7 Sec. 7907
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
- Environmental response project: means a plan or work performed for environmental remediation of real property, conducted:
- Holder: means a person that is the grantee of an environmental covenant. See Delaware Code Title 7 Sec. 7907
- Owner: means a person that owns a fee simple interest in real property that is subject to an environmental covenant. See Delaware Code Title 7 Sec. 7907
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record: when 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. See Delaware Code Title 7 Sec. 7907
- State: means the State of Delaware, in the United States. See Delaware Code Title 7 Sec. 7907
(b) In addition to the information required by subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use, applications for building permits, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(2) Requirements for periodic reporting describing compliance with the covenant;
(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4) A brief 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;
(5) Restriction or limitation on amendment or termination of the covenant in addition to those contained in §§ 7913 and 7914 of this title; and
(6) Rights of the holder in addition to its right to enforce the covenant pursuant to § 7915(c) of this title.
The Department may refuse to sign an environmental covenant for any reason.