A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
Terms Used In Utah Code 57-25-111
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. See Utah Code 57-25-102
Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
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:
Equitable: 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
any person to whom the covenant expressly grants power to enforce;
(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
(e)
a municipality or other unit of local government in which the real property subject to the covenant is located.
(2)
This chapter does not limit the regulatory authority of the agency under law other than this chapter with respect to an environmental response project.
(3)
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.
(4)
In addition to Subsection (1), an agency may recover its costs for actions which, in its discretion, it may take to enforce or protect the environmental covenant.
