(a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to:

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Terms Used In Hawaii Revised Statutes 508C-7

  • Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 508C-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Each person that signed the covenant;
(2) Each person holding a recorded interest in the real property subject to the covenant;
(3) Each person in possession of the real property subject to the covenant;
(4) Each county or other subdivision of county government in which real property subject to the covenant is located; and
(5) Any other person the agency determines should receive notice.
(b) The validity of a covenant shall not be affected by failure to provide a copy of the covenant as required under this section.

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