2018 Mississippi Code
Title 89 - Real and Personal Property
Chapter 23 - Mississippi Uniform Environmental Covenants Act
§ 89-23-3. Definitions.
- In this chapter:
(1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.
(2) “Agency” means the Mississippi Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(2A) “Commission” means the Mississippi Commission on Environmental Quality.
(3) “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.
(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 federal or state program governing environmental remediation of real property, including:
(i) Subchapter III or IX of the federal Resource Conservation and Recovery Act of 1976, 42 USC Sections 6921 through 6939e and 6991 through 6991i;
(ii) Section 7002 or 7003 of the federal Resource Conservation and Recovery Act of 1976, 42 USC Sections 6972 and 6973;
(iii) The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC Sections 9601 through 9647, as amended;
(iv) The Mississippi Air and Water Pollution Control Law, Section 49-17-1 et seq.;
(v) The Mississippi Solid Wastes Disposal Law of 1974, Section 17-17-1 et seq.;
(vi) The Mississippi Underground Storage Tank Act of 1988, Section 49-17-401 et seq.;
(vii) Such other laws or regulations as the commission shall enumerate.
(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 state voluntary clean-up program authorized in the Mississippi Brownfields Voluntary Cleanup and Redevelopment Act, Section 49-35-1 et seq.
(6) “Holder” means the grantee of an environmental covenant as specified in Section 89-23-5(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,” 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.
(9) “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.
(10) “Servitude” means a covenant, profit, easement in gross, or easement appurtenant.
