Washington Code 64.70.110 – Violations — Civil actions — Regulatory authority under chapter — Liability
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(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
Terms Used In Washington Code 64.70.110
- 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
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) A party to the covenant;
(b) The agency or, if it is not the agency, the department of ecology;
(c) 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; and
(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 or the department of ecology 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 it has the right to enforce an environmental covenant.
[ 2007 c 104 § 12.]