Maine Revised Statutes Title 38 Sec. 3011 – Enforcement of environmental covenant
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1. Civil action. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
A. A party to the covenant unless the agency determines otherwise for good cause at the time the environmental covenant is created, but in that event the party has no liability for any violation of the covenant by others; [PL 2005, c. 370, §1 (NEW).]
B. The agency or, if it is not the agency, the department; [PL 2005, c. 370, §1 (NEW).]
C. Any person to whom the covenant expressly grants power to enforce; [PL 2005, c. 370, §1 (NEW).]
D. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or [PL 2005, c. 370, §1 (NEW).]
E. A municipality or other unit of local government in which the real property subject to the covenant is located. [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 3011
- Agency: means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Maine Revised Statutes Title 38 Sec. 3002
- covenant: means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. See Maine Revised Statutes Title 38 Sec. 3002
- Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
A. See Maine Revised Statutes Title 38 Sec. 3002Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 38 Sec. 3002 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Effect or regulatory authority. This chapter does not limit the regulatory authority of the agency or the department under any law other than this chapter with respect to an environmental response project.
[PL 2005, c. 370, §1 (NEW).]
3. Liability for environmental remediation. A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).