§ 6512 — Registry; substitute notice

Pennsylvania § 6512

• Jurisdiction: Pennsylvania
• Title 27: ENVIRONMENTAL RESOURCES
• Part: PART V
• Ch. 65: UNIFORM ENVIRONMENTAL COVENANTS

Text

(a) Registry.--The department shall establish and maintain a registry which contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department considers appropriate. The registry is a public record for purposes of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.

(b) Notice.--After an environmental covenant or an amendment or termination of an environmental covenant is filed in the registry under subsection (a), a notice of the environmental covenant, amendment or termination which complies with this section may be recorded in the land records in lieu of recording the entire environmental covenant. The notice must contain:

(1) a legally sufficient description and any available street address of the real property;

(2) the name and address of the owner in fee simple of the interest in the real property, the agency and the holder if other than the agency;

(3) a brief narrative description of the contamination and the remedy;

(4) a statement that the environmental covenant, amendment or termination is available in a registry at a listed address of the department and a disclosure of the method of any electronic access; and

(5) a statement that the notice is notification of an environmental covenant executed under this chapter.

(c) Sample form.--A statement in substantially the following form, executed with the same formalities as a deed, satisfies the requirements of subsection (b):

(1) This notice is filed in the land records of the (insert the name of the county in this Commonwealth in which the property is located) of Pennsylvania pursuant to 27 Pa.C.S. § 6512.

(2) This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.

(3) A legal description of the property is attached as Exhibit A to this notice. A brief narrative description of the contamination and the remedy is attached as Exhibit B to this notice. The address of the property that is subject to the environmental covenant is (insert address of property) (not available).

(4) The name and address of the owner of the fee simple interest in the real property on the date of this notice is (insert name of current legal owner of the property and the owner's current address as shown on the tax records of the county in which the property is located).

(5) The environmental covenant, amendment or termination was signed by (insert name and address of the agency).

(6) The environmental covenant, amendment or termination was filed in the registry on (insert date of filing).

(7) The full text of the covenant, amendment or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Department of Environmental Protection at (insert address and room of building in which the registry is maintained). The covenant, amendment or termination may be found electronically at (insert web address for covenant).

Legislative History

References in Text.The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (a), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Cross References.Section 6512 is referred to in section 6508 of this title.