2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 3 - STATE HAZARDOUS WASTE MANAGEMENT PROGRAM (§§ 25-15-301 — 25-15-328) › Section 25-15-319 - Contents of environmental covenants and notices of environmental use restrictions

(1)
Environmental covenants and notices of environmental use restrictions shall include provisions regarding:
(a)
Duration and any conditions under which the environmental covenant or restrictive notice may be modified or terminated;
(b)
Any environmental use restrictions relied on in the remediation decision for the environmental remediation project for the subject property;
(c)
A requirement that the owner of the property subject to the environmental covenant or restrictive notice notify the department at least fifteen days in advance of any transfer of ownership of some or all of the real property subject to the environmental covenant or restrictive notice;
(d)
A requirement that the owner of the property notify the department simultaneously with submitting any application to a local government for a building permit or change in land use;
(e)
A requirement to allow the department right of entry at reasonable times with prior notice for the purpose of determining compliance with the terms of the environmental covenant or restrictive notice. Nothing in this section shall impair any other authority the department may otherwise have to enter and inspect property subject to the environmental covenant or restrictive notice.
(f)
(I)
For environmental covenants, inclusion of the following statement on the first page of the instrument creating the environmental covenant in fifteen-point, bold-faced type: "This property is subject to an environmental covenant held by the Colorado department of public health and environment pursuant to section
25-15-321
, Colorado Revised Statutes."
(II)
For restrictive notices, inclusion of the following statement on the first page of the restrictive notice in fifteen-point, bold-faced type: "This property is subject to a notice of environmental use restrictions imposed by the Colorado department of public health and environment pursuant to section
25-15-321.5
, Colorado Revised Statutes."
(g)
A requirement to incorporate, either in full or by reference, the environmental covenant or restrictive notice in any leases, licenses, or other instruments granting a right to use the property that may be affected by the environmental covenant or restrictive notice;
(h)
Modification or termination of the environmental covenant or restrictive notice consistent with this subsection (1). The owner of land subject to an environmental covenant or restrictive notice may request that the department approve modification or termination of the covenant or restrictive notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The 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 or restrictive notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of an environmental covenant or restrictive notice 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:
(I)
A proposal to perform additional remedial work;
(II)
New information regarding the risks posed by the residual contamination;
(III)
Information demonstrating that residual contamination has diminished;
(IV)
Information demonstrating that an engineered feature or structure is no longer necessary;
(V)
Information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and
(VI)
Other appropriate supporting information; and
(i)
Such other subjects as may be appropriate.
L. 2001: Entire section added, p. 453, § 2, effective July 1. L. 2008: IP(1), (1)(a), (1)(c), (1)(e), (1)(f), (1)(g), and IP(1)(h) amended, p. 170, § 5, effective March 24.