§ 25-15-322 — Enforcement - remedies

(1) An environmental covenant or
restrictive notice imposed at any environmental remediation project shall be
enforceable as provided in this section, even if the environmental remediation
project is not otherwise subject to this part 3.

(2) In the event of an actual or threatened failure to comply with an
environmental covenant or restrictive notice, the department may issue an order
under this section requiring compliance with the terms of the environmental
covenant or restrictive notice and may request the attorney general to bring suit in
district court to enforce the terms of the environmental covenant or restrictive
notice, to enforce the order issued pursuant to this section, or to seek other
appropriate injunctive relief. An administrative order issued under this subsection
(2) shall be subject to appeal in accordance with section 25-15-308.

(3) If a court of competent jurisdiction determines that an environmental
covenant or restrictive notice is void or otherwise unenforceable, the department
may take such action as may be authorized by any other law.

(4) The grantor of an environmental covenant may file suit in district court to
enjoin actual or threatened violations of the covenant. Any third-party beneficiary
specifically named in an environmental covenant or restrictive notice may file suit in
district court to enjoin actual or threatened violations of the covenant or restrictive
notice. The person who requested creation of a restrictive notice may file suit in
district court to enjoin actual or threatened violations of the restrictive notice.

(5) An affected local government may file suit in district court to enjoin
actual or threatened violations of any environmental covenant or restrictive notice
that applies to land within its jurisdiction.

(6) (Deleted by amendment, L. 2008, p. 174, � 9, effective March 24, 2008.)

(7) A court of competent jurisdiction is authorized to issue orders requiring
compliance with an environmental covenant or restrictive notice, to enjoin actual or
threatened violations of environmental covenants or restrictive notices, and to
grant such other injunctive relief as it may deem appropriate.

Legislative History

Source: L. 2001: Entire section added, p. 457, � 2, effective July 1. L. 2008: Entire section amended, p. 174, � 9, effective March 24. L. 2025: (5) amended, (SB 25-275), ch. 377, p. 2079, � 218, effective August 6.