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35-19-3
Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person
that owns an interest in the real property, an agency, or a municipality or other unit of
local government, may be a holder. An environmental covenant may identify more than one holder.
The interest of a holder is an interest in real property. (b) A right of an agency under this
chapter or under an environmental covenant, other than a right as a holder, is not an interest
in real property. (c) An agency is bound by any obligation it assumes in an environmental
covenant, but an agency does not assume obligations merely by signing an environmental covenant.
Any other person that signs an environmental covenant is bound by the obligations the person
assumes in the covenant, but signing the covenant does not change obligations, rights, or
protections granted or imposed under law other than this chapter except as provided in the
covenant. (d) The following rules apply to interests in real property...
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35-19-5
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental
covenant that complies with this chapter runs with the land. (b) An environmental covenant
that is otherwise effective is valid and enforceable even if any one or more of the following
conditions apply: (1) It is not appurtenant to an interest in real property. (2) It can be
or has been assigned to a person other than the original holder. (3) It is not of a character
that has been recognized traditionally at common law. (4) It imposes a negative burden. (5)
It imposes an affirmative obligation on a person having an interest in the real property or
on the holder. (6) The benefit or burden does not touch or concern real property. (7) There
is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is
replaced. (9) The owner of an interest subject to the environmental covenant and the holder
are the same person. (c) An instrument that creates restrictions or obligations...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. 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)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified
in the environmental covenant, an environmental covenant may be amended or terminated by consent
only if the amendment or termination is signed by each of the following: (1) The agency, unless
waived by the agency, in which event the current owner of the fee simple of the real property
subject to the covenant must sign. (2) Each person that originally signed the covenant, unless
a person waived in a signed record the right to consent or a court finds that the person no
longer exists or cannot be located or identified with the exercise of reasonable diligence.
(3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real
property is subject to an environmental covenant, the interest is not affected by an amendment
of the covenant unless the current owner of the interest consents to the amendment or has
waived in a signed record the right to consent to...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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35-19-4
Section 35-19-4 Interest holders; rights of holders and agencies; priority. (a) An environmental
covenant must meet all of the following requirements: (1) State that the instrument is an
environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient
description of the real property subject to the covenant. (3) Describe the activity and use
limitations on the real property. (4) Identify every holder. (5) Be signed by the director,
every holder, and unless waived by the agency, every owner of the fee simple of the real property
subject to the covenant. (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 by subsection (a), an environmental covenant may contain other
information, restrictions, and requirements agreed to by the persons who signed it, including
any of the following: (1) Requirements for notice following transfer...
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35-19-12
Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental
Management shall establish and maintain a registry that contains all environmental covenants
and any amendment or termination of those covenants. The registry may also contain any other
information concerning environmental covenants and the real property subject to them which
the department considers appropriate. The registry is a public record for purposes of Section
36-12-40. (b) After an environmental covenant or an amendment or termination of a covenant
is filed in the registry established pursuant to subsection (a), a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land records
in lieu of recording the entire covenant. Any such notice must contain all of the following:
(1) A legally sufficient description and any available street address of the real property
subject to the covenant. (2) The name and address of the owner of the...
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35-19-7
Section 35-19-7 To whom copies must be provided. (a) A copy of an environmental covenant shall
be provided by the persons and in the manner required by the agency to each of the following
persons or entities: (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 municipality or other unit of local government
in which real property subject to the covenant is located. (5) Any other person the agency
requires. (b) The validity of a covenant is not affected by failure to provide a copy of the
covenant as required under this section. (Act 2007-464, p. 972, ยง7.)...
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35-19-11
Section 35-19-11 Administration and enforcement of chapter. (a) The department is designated
as the administrating agency for this chapter and is empowered to administer and enforce this
chapter using the authorities granted to it by the Environmental Management Act. However,
such designation shall not imply that the department shall assume any administration or enforcement
functions other than those directly related to the environmental covenant. (b) A civil action
for injunctive or other equitable relief for violation of an environmental covenant may be
maintained by any of the following parties or entities: (1) A party to the covenant. (2) Alabama
Department of Environmental Management. (3) Any person to whom the covenant expressly grants
power to enforce. (4) A person whose interest in the real property or whose collateral or
liability may be affected by the alleged violation of the covenant. (5) A municipality or
other unit of local government in which the real property subject to...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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