2021 Pennsylvania Consolidated & Unconsolidated Statutes
Title 27 - ENVIRONMENTAL RESOURCES
Chapter 65 - Uniform Environmental Covenants
Section 6502 - Definitions
§ 6502. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Activity and use limitations." Restrictions or obligations with respect to real property created under this chapter. The term includes engineering controls and institutional controls.
"Agency." Any of the following:
(1) The Department of Environmental Protection of the Commonwealth.
(2) A Federal agency which determines or approves the environmental response project pursuant to which the environmental covenant is created.
"Board." The Environmental Hearing Board.
"Common interest community." A condominium, cooperative or other real property, with respect to which a person, by virtue of ownership of a parcel of real property or of ownership of an interest in real property, is obligated to pay for property taxes, insurance premiums, maintenance or improvement of other real property described in a recorded covenant which creates the common interest community.
"Department." The Department of Environmental Protection of the Commonwealth.
"Engineering controls." Remedial actions directed exclusively toward containing or controlling the migration of regulated substances through the environment. The term includes slurry walls, liner systems, caps, leachate collection systems and groundwater recovery trenches.
"Environmental covenant." A servitude arising under an environmental response project which imposes activity and use limitations.
"Environmental response project." A plan or work performed for environmental remediation of real property, conducted:
(1) under a Federal program governing environmental remediation of real property;
(2) under a Commonwealth program governing environmental remediation of real property;
(3) incident to closure of a solid or hazardous waste management unit if the closure is conducted with approval of an agency; or
(4) under a Commonwealth voluntary cleanup program authorized by statute.
"Holder." A person that is the grantee of an environmental covenant as specified in section 6503(a) (relating to nature of rights; subordination of interests).
"Institutional controls." Measures undertaken to limit or prohibit certain activities which may interfere with the integrity of a remedial action or result in exposure to regulated substances at a site. The term includes fencing and restrictions on the future use of the site.
"Land Recycling Act." The act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act.
"Person." Any individual, corporation, partnership, association or other entity recognized by law as the subject of rights, duties or obligations. The term includes the United States of America, a Federal agency, the Commonwealth, an agency or instrumentality of the Commonwealth and a political subdivision.
"Record." Information which is:
(1) inscribed on a tangible medium or stored in an electronic or other medium; and
(2) retrievable in perceivable form.
"State." 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.
