LEG00267

• Bill Number: SB05-246
• Year: 2005
• Title: Concerning environmental covenants, and, in connection therewith, establishing conformity with the "Uniform Environmental Covenants Act" with respect to the role of holders of enforcement rights, the
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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TERMINATIONS OF THE COVENANT; AND
(e) OTHER INFORMATION OR PROVISIONS AS DETERMINED BY THE
DEPARTMENT AND OTHER SIGNATORY PARTIES TO THE COVENANT.

SECTION 5. 25-15-320 (1), Colorado Revised Statutes, is
amended, and the said 25-15-320 is further amended BY THE
ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read;
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25-15-320. Environmental covenants - protocols for
department action - waiver. (I) No environmental covenant shall be
required for any environmentall <-mediation RESPONSE project that results
in residual contamination levels that have been determined by the relevant
regulatory agency to be safe for all uses and that does not incorporate any
engineered feature or structure or require any monitoring, maintemmce,
or operation.
(6) THE DEPARTMENT SHALL REVIEW AND MAKE A DETERMINATION
REGARDING ALL APPLICATIONS FOR. CREATING, MODIFYING, OR
TERMINATING AN ENVIRONMENTAL COVENANT WITHIN SIXTY DAYS AFTER
RECEIPT OF SUCH APPLICATION,
(7) ANY DETERMINATION BY THE DEPARTMENT REGARDING A
PROPOSAL TO CREATE, MODIFY, OR TERMINATE AN ENVIRONMENTAL
COVENANT SHALL BE SUBJECT TO APPEAL IN ACCORDANCE WITH SECTION

25-15-305 (3).
SECTION 6. 25-15-321 (I), (4), (5), (6), and (7), Colorado
Revised Statutes, are ameIlded to read:
25-15-321. Execution of environmental covenants - zoning -
notice - recordation - rules. (1) An environmental covenant under this
part J may be SUBPART 2 IS created only by WHEN the owner of the
property, thtoagh a wIittcn g.ant to the department, AND ANY HOLDER

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SB05-246