§60-49.21. Enforcement of environmental covenant.

60 OK Stat § 60-49.21 (2019) (N/A)

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ENFORCEMENT OF ENVIRONMENTAL COVENANT.

A. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:

1. A party to the covenant;

2. The agency or, if it is not the agency, the Department of Environmental Quality;

3. Any person to whom the covenant expressly grants power to enforce;

4. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

5. A municipality or other unit of local government in which the real property subject to the covenant is located.

B. The Uniform Environmental Covenants Act does not limit the regulatory authority of the Department of Environmental Quality or other agency under law other than the Uniform Environmental Covenants Act with respect to an environmental response project including the authority of the Department of Environmental Quality provided in Sections 2-7-123 and 2-15-107 of Title 27A of the Oklahoma Statutes.

C. A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

Added by Laws 2006, c. 182, § 11, eff. Jan. 1, 2007.

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§60-49.22. Uniformity of application and construction.