Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms used in this chapter shall have
				  the following meanings unless the context clearly indicates otherwise:
"Activity and use limitations" means restrictions or
				  obligations created under this chapter with respect to real property.
"Agency" means the Department of Environmental Quality or
				  other state or federal agency that determines or approves the environmental
				  response project pursuant to which the environmental covenant is created. The
				  agency may be considered a grantee for purposes of indexing in the land
				  records
.
"Applicant" means the owner or owners of the property to
				  which the covenant attaches or a person or persons who are lawfully authorized
				  to execute and submit a proposed environmental covenant, amendment,
				  termination, or other UECA document to the department or other agency pursuant
				  to this chapter. The applicant may be considered a grantor for purposes of
				  indexing in the land records.
"Common interest community" means a condominium, cooperative,
				  or other real property with respect to which a person, by virtue of the
				  person's ownership of a parcel of real property, is obligated to pay property
				  taxes or insurance premiums for maintenance or improvement of other real
				  property described in a recorded covenant that creates the common interest
				  community.
"Department" means the Department of Environmental
				  Quality.
"Environmental covenant" or "covenant" means a servitude
				  arising under an environmental response project that imposes activity and use
				  limitations.
"Environmental remediation" means the actions required by the
				  agency as part of an environmental response project. Activity and use
				  limitations alone may constitute "environmental remediation."
"Environmental response project" means a plan or work
				  performed for environmental remediation of real property and conducted:
1. Under a federal or state program governing
				environmental remediation of real property;
2. Incident to closure of a solid or
				hazardous waste management unit, if the closure is conducted with approval of
				an agency; or
3. Under a state
				voluntary clean-up program including the Brownfield Restoration and Land
				Renewal Act, Chapter 12.1 (§ 10.1-1230 et seq.) of the Title 10.1 of the
				Code of Virginia.
"Holder" means the grantee of an environmental covenant. A
				  person, including a person that owns an interest in the real property, the
				  agency, or a municipality or other unit of local government, may be a holder.
				  The holder shall be considered a grantee for purposes of indexing in the land
				  records.
"Owner" means the fee simple owner of the property to which
				  the covenant attaches. There may be more than one owner. The owner shall be
				  considered a grantor for purposes of indexing in the land records.
"Person" means an individual, corporation, business trust,
				  estate, trust, partnership, limited liability company, association, joint
				  venture, public corporation, government, governmental subdivision, agency or
				  instrumentality, or other legal or commercial entity.
"Record," used as a noun, means information that is inscribed
				  on a tangible medium or that is stored in an electronic or other medium and is
				  retrievable in perceivable form.
"State" means a state of the United States, the District of
				  Columbia, Puerto Rico, the United States Virgin Islands, or any territory or
				  insular possession subject to the jurisdiction of the United States.
"UECA" means the Uniform Environmental Covenants Act, Chapter
				  12.2 (§ 10.1-1238 et seq.) of Title 10.1 of the Code of Virginia.
"Virginia UECA Template" means the form and content of an
				  environmental covenant executed in Virginia as prescribed by
				  9VAC15-90-30 C.
Statutory Authority
§ 10.1-1250 of the Code of
					 Virginia.