Alaska Statutes 46.04.305 – Contents of environmental covenant

(a) An environmental covenant must

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Terms Used In Alaska Statutes 46.04.305

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
property: includes real and personal property. See Alaska Statutes 01.10.060
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060

(1) state that the interest is an environmental covenant executed under Alaska Stat. § 46.04.300 – 46.04.390;

(2) contain a legally sufficient description of the real property subject to the environmental covenant;

(3) describe the activity and use limitations on the real property;

(4) identify every holder;

(5) be signed by the commissioner of the department, every holder, and, unless waived by the department, every owner of the fee simple of the real property subject to the environmental covenant except that for an environmental covenant affecting a land or mineral interest of the Department of Natural Resources, the signature of the commissioner of natural resources may not be waived; and

(6) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required under (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it or required by the department, including

(1) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the environmental covenant;

(2) requirements for periodic reporting describing compliance with the environmental covenant;

(3) rights of access to the property granted in connection with implementation or enforcement of the environmental covenant;

(4) a brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(5) a limitation on the amendment or termination of the environmental covenant that is in addition to the limitations contained in Alaska Stat. § 46.04.300 – 46.04.390; and

(6) rights of the holder in addition to the right of the holder to enforce the environmental covenant under Alaska Stat. § 46.04.335.

(c) In addition to other conditions for the department’s approval of an environmental covenant, the department may require a specified person who has an interest in the real property that is the subject of the environmental covenant to sign the environmental covenant.

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