Utah Code 19-10-101. Title — Scope

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(1)	This chapter is known as the “Environmental Institutional Control Act.”

Terms Used In Utah Code 19-10-101

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:

(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. See Utah Code 19-10-102

(2)

(a)	This chapter applies to an environmental institutional control created before May 1, 2006.

(b)	Title 57, Chapter 25, Uniform Environmental Covenants Act, governs an environmental covenant created on or after May 1, 2006.

Amended by Chapter 51, 2006 General Session

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