Utah Code 57-25-102. Definitions
Current as of: 2023 | Check for updates
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As used in this chapter:
(1) | “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. |
(a) | under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code; |
(b) | incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or |
(c) | under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102 |
(2) | “Agency” means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. |
(3) | “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. |
(4) | “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. |
(5) | “Environmental response project” means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
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(6) | “Holder” means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). |
(7) | “Jurisdiction” 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. |
(8) | “Record,” 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. |
Enacted by Chapter 51, 2006 General Session