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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "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, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common-interest community.
(3) "Environmental agency" means the District of Columbia's Environment Health Administration, or its successor, or a federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(A) Under a District or federal program governing environmental remediation of real property, including a cleanup action plan under § 8-633.03;
(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(C) Under a voluntary cleanup program under subchapter III of Chapter 6A of this title.
(6) "Holder" means the grantee of an environmental covenant as specified in § 8-671.02(a).
(7) "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 any other legal or commercial entity.
(8) "Record" 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.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rice, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(May 12, 2006, D.C. Law 16-95, § 101, 53 DCR 1652.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-95, the "Uniform Environmental Covenants Act of 2005", was introduced in Council and assigned Bill No. 16-147 which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on January 4, 2006, and February 7, 2006, respectively. Signed by the Mayor on February 27, 2006, it was assigned Act No. 16-290 and transmitted to both Houses of Congress for its review. D.C. Law 16-95 became effective on May 12, 2006.
Uniform Law
This section is based upon § 1 of the Uniform Environmental Covenants Act. See 13, Part 1, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
