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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THE PROPOSED MODIFICATION OR TERMINATION SHALL, IF IMPLEMENTED,
ENSURE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT.. THE

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DEPARTMENT SHALL REVIEW ANY SUBMITTED INFORMATION, AND. MAY
REQUEST ADDITIONAL INFORMATION. IF THE DEPARTMENT DETERMINES
THAT THE PROPOSAL TO MODIFY OR TERMINATE THE ENVIRONMENTAL

COVENANT WILL ENSURE PROTECTION OF HUMAN HEALTH AND THE
ENVIRONMENT, IT SHALL APPROVE THE PROPOSAL, No MODIFICATION OR
TERMINATION OF AN ENVIRONMENTAL COVENANT SHALL BE EFFECTIVE

UNLESS IT HAS BEEN APPROVED IN WRITING BY THE DEPARTMENT.

INFORMATION TO SUPPORT A REQUEST FOR MODIFICATION OR
TERMINATION MAY INCLUDE ONE OR MORE OF THE FOLLOWING:
(a) A PROPOSAL TO PERFORM ADDITIONAL REMEDIAL WORK;
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(b) NEW INFORMATION REGARDING THE RISKS POSED BY THE
RESIDUAL CONTAMINATION;
(c) INFORMATION DEMONSTRATING THAT RESIDUAL

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CONTAMINATION HAS DIMINISHED;
(d) INFORMATIONDEMONSTRATINGTHAT AN ENGINEERED FEATURE
OR STRUCTURE IS NO LONGER NECESSARY;
(e) INFORMATION DEMONSTRATING THAT THE PROPOSED
MODIFICATION WOULD NOT ADVERSELY IMPACT THE REMEDY AND IS
PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT;
(f) OTHER APPROPRIATE SUPPORTING INFORMATION; AND
(g) SUCH OTHER SUBJECTS AS MAY BE APPROPRIATE. .
(3) IF AN INTEREST IN REAL PROPERTY IS SUBJECT TO AN
ENVIRONMENTAL COVENANT, THE INTEREST IS NOT AFFECTED BY AN
AMENDMENT OF THE COVENANT UNLESS THE CURRENT OWNER OF THE
INTEREST CONSENTS TO THE AMENDMENT OR HAS WAIVED IN A SIGNED

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SB05-246