§ 7909 — Contents of environmental covenant

(a) An environmental covenant must:

(1) State that the instrument is an environmental covenant executed pursuant to this subchapter.

(2) Contain a legally sufficient description of the real property subject to the covenant;

(3) Describe the activity and use limitations on the real property;

(4) Identify the holder which may be an owner or agency;

(5) Be signed by the Department, all owners of the real property subject to the covenant and the holders with the formalities for a deed; and

(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required by subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:

(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use, applications for building permits, or proposals for any site work affecting the contamination on, the property subject to the covenant;

(2) Requirements for periodic reporting describing compliance with the covenant;

(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;

(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(5) Restriction or limitation on amendment or termination of the covenant in addition to those contained in §§ 7913 and 7914 of this title; and

(6) Rights of the holder in addition to its right to enforce the covenant pursuant to § 7915(c) of this title.

The Department may refuse to sign an environmental covenant for any reason.

Legislative History

75 Del. Laws, c. 206, § 1