be in writing and shall be recorded by the owner of the real property in the county recorder’s office in the county where the real property is located;
Terms Used In Utah Code 19-10-104
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
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
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
contain a legal description of the area of the real property that is subject to the institutional control;
(3)
include a statement documenting any requirements for maintenance of the institutional control, including a description of the institutional control and the reason it must remain in place to protect the public health, safety, or welfare, or the environment;
(4)
include a statement that the institutional control runs with the land and is binding on all successors in interest unless or until the institutional control is removed as provided in Section 19-10-105;
(5)
include a statement acknowledging the department’s right of access to the property at all reasonable times to verify that the institutional controls are being maintained;
(6)
include a statement explaining how the institutional control can be modified or terminated and stating that if any person desires to cancel or modify the institutional control in the future, the person shall obtain prior written approval from the executive director pursuant to this chapter;
(7)
include a notarized signature of the executive director indicating approval of the environmental institutional control; and
(8)
include the notarized signature of the property owner indicating approval of the environmental institutional control.
