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<br />.) <br /> <br />1 DETERMINATION BY THE DEPARTMENT, THE UNITED STATES <br />2 ENVIRONMENTAL PROTECTION AGENCY, OR OTHER APPROPRIATE <br />3 . GOVERNMENT ENTITY UNDER THE LAWS CITED IN SUBSECTION (6) OF THIS <br />4 SECTION, THAT ESTABLISHES THE REMEDIAL REQUIREMENTS FOR THE <br />5 ENVIRONMENTAL REMEDIATION PROJECT. <br />6 (13) "STATE" MEANS A STATE OF THE UNITED STATES, THE <br />7 DISTRICT OF COLUMBIA, PUERTO Rico, THE UNITED STATES VIRGIN <br />8 ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE <br />9 JURISDICTION OF THE UNITED STATES. <br />10 25-15-319.5. Modification - termination. (I) By consent. AN <br />II ENVIRONMENTAL COVENANT MAY BE MODIFIED OR TERMINATED <br />12 CONSISTENT WITH THIS SUBSECTION (1) ONLY IF THE AMENDMENT OR <br />13 TERMINATION IS SIGNED BY: <br />14 (a) THE DEPARTMENT; <br />15 (b) UNLESS WAIVED BY THE DEPARTMENT, THE CURRENT FEE <br />16 SIMPLE OWNER OF THE PROPERTY SUBJECT TO THE COVENANT; <br />17 (c) EACH PERSON THAT ORIGINALLY SIGNED THE COVENANT, <br />18 UNLESS THE PERSON WAIVED IN A SIGNED RECORD THE RIGHT TO CONSENT <br />19 OR UNLESS A COURT FINDS THAT THE PERSON NO LONGER EXISTS OR <br />20 CANNOT BE LOCATED OR IDENTIFIED WITH THE EXERCISE OF REASONABLE <br />21 DILIGENCE; AND <br />22 (d) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF <br />23 SUBSECTION (5) OF THIS SECTION, THE HOLDER, <br />24 (2) Upon review by the department. THE OWNER OF LAND <br />25 SUBJECT TO AN ENVIRONMENTAL COVENANT MAY REQUEST THAT THE <br />26 DEPARTMENT APPROVE MODIFICATION OR TERMINATION OF THE <br />27 COVENANT, THE REQUEST SHALL CONTAIN INFORMATION SHOWING THAT <br /> <br />I <br />.1 <br /> <br />.l <br /> <br />-7- <br /> <br />SB05-246 <br />