(a) An environmental covenant shall:

contract signature

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Terms Used In Hawaii Revised Statutes 508C-4

  • Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
  • 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.
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

    (1) Under a federal or state program governing environmental remediation of real property, including chapter 128D;

    (2) Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or

    (3) Under the state voluntary response program authorized in part II of chapter 128D. See Hawaii Revised Statutes 508C-2

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Holder: means a grantee of an environmental covenant as specified in section 508C-3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form. See Hawaii Revised Statutes 508C-2
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 508C-2
(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 covenant;
(3) Describe the activity and use limitations on the real property;
(4) Include at least one holder to be effective;
(5) Identify every holder;
(6) Be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple interest of the real property subject to the covenant; and
(7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b) 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:

(A) Following transfer of a specified interest in;
(B) Concerning proposed changes in use of;
(C) Of applications for building permits for; or
(D) Of 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) Limitation on amendment or termination of the covenant in addition to those contained in sections 508C-9 and 508C-10; and
(6) Rights of the holder in addition to the right to enforce the covenant pursuant to § 508C-11.
(c) In addition to other conditions for its approval of an environmental covenant, the agency may require the persons specified by the agency who have interests in the real property to sign the covenant.

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