Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 253 - ADMINISTRATION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 253.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Activity and use limitations
-
(i) Restrictions or obligations with respect
					 to real property created under this chapter.
(ii) The term includes engineering controls
					 and institutional controls.
Agency
-Any of the following:
(i) The Department.
(ii) A Federal agency which determines or
					 approves an environmental response project pursuant to which the environmental
					 covenant is created.
Common interest community
-A condominium,
						cooperative or other real property, with respect to which a person, by virtue
						of ownership of a parcel of real property or of ownership of an interest in
						real property, is obligated to pay for property taxes, insurance premiums,
						maintenance or improvement of other real property described in a recorded
						covenant which creates the common interest community.
Eminent domain proceeding
-An acquisition
						of property by an entity acting with the power of eminent domain, whether by
						condemnation or in lieu of condemnation.
Engineering controls
-
(i) Remedial actions directed exclusively
					 toward containing or controlling the migration of regulated substances through
					 the environment.
(ii) The term
					 includes slurry walls, liner systems, caps, leachate collection systems and
					 groundwater recovery trenches.
Environmental covenant
-A servitude
						arising under an environmental response project which imposes activity and use
						limitations under UECA.
Environmental response project
-A plan or
						work performed for environmental remediation of real property conducted under
						one of the following:
(i) A Federal
					 program governing environmental remediation of real property.
(ii) A Commonwealth program governing
					 environmental remediation of real property.
(iii) Incident to closure of a solid or
					 hazardous waste management unit if the closure is conducted with approval of an
					 agency.
(iv) A Commonwealth
					 voluntary cleanup program authorized by statute.
Final report
-A report filed with the
						Department by a remediator documenting attainment of one or a combination of
						cleanup standards under the Land Recycling Act under §
											250.204, §
											250.312 or §
											250.411 (relating to final
						report).
Holder
-A person that is the grantee of
						an environmental covenant as specified in section 6503(a) of UECA (relating to
						nature of rights; subordination of interests).
Institutional controls
-
(i) Measures undertaken to limit or prohibit
					 certain activities which may interfere with the integrity of a remedial action
					 or result in exposure to regulated substances at a site.
(ii) The term includes fencing and
					 restrictions on the future use of the site.
Instrument
-A deed restriction,
						restrictive covenant or other similar document that imposes activity or use
						limitations filed with a recorder of deeds.
Land Recycling Act
-The Land Recycling
						and Environmental Remediation Standards Act (35 P. S. §§
												6026.101-6026.908).
Person
-
(i) Any individual, corporation, partnership,
					 association or other entity recognized by law as the subject of rights, duties
					 or obligations.
(ii) The term
					 includes the United States of America, a Federal agency, the Commonwealth, an
					 agency or instrumentality of this Commonwealth and a political
					 subdivision.
Political subdivision
-Any county, city,
						borough, township, or incorporated town.
Record
-Information which is:
(i) Inscribed on a tangible medium or stored
					 in an electronic or other medium.
(ii) Retrievable in perceivable
					 form.
Regulated substance
-The term has the
						same meaning given to it in section 103 of the Land Recycling Act
						(35
						P. S. §
												6026.103).
Remedial Action Completion Report
-A
						corrective action report filed with the Department by a remediator documenting
						attainment of one or a combination of cleanup standards under the Land
						Recycling Act pursuant to the Storage Tank Act under either §
											245.310(b) or
						§
											245.313 (relating to site
						characterization report; and remedial action completion report).
Storage Tank Act
-The Storage Tank and
						Spill Prevention Act (35 P. S. §§
												6021.101-6021.2104).
UECA
-The Uniform Environmental Covenants
						Act (27 Pa.C.S. §§
												6501-6517).