47-37-10. Enforcement of environmental covenant

47-37-10. Enforcement of environmental covenant

1. A civil action for injunctive or other equitable relief for violation of an environmental

covenant may be maintained by:

a. A party to the covenant;

b. The agency or, if it is not the agency, the department of environmental quality;

c. Any person to which the covenant expressly grants power to enforce;

d. A person that has interest in the real property or has collateral or liability that may

be affected by the alleged violation of the covenant; or

e. A municipality or other unit of local government in which the real property subject

to the covenant is located.

2. This chapter does not limit the regulatory authority of the agency or the department of

environmental quality under law other than this chapter with respect to an

environmental response project.

3. A person is not responsible for or subject to liability for environmental remediation

solely because the person has the right to enforce an environmental covenant.