Title 10.1, Title 10.1. Conservation

A. The Director may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or clean…

A. Any person not otherwise liable under state law or regulation, who acquires any title, security interest, or any other interest in property located in the Commonwealth listed on the National Priorities List under the jurisdiction of the Comprehensive Environmental Response, Co…

A. Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned brownfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Bo…

A. There is hereby created and set apart a special, permanent, perpetual and nonreverting fund to be known as the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund for the purposes of promoting the restoration and redevelopment of brownfield sites and to…

As used in this chapter, unless the context requires a different meaning: "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. "Agency" means the Department of Environmental Quality or any other state or federa…

A. Any person, including a person that owns an interest in the real property, the 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. An environmental covenant shall: 1. State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act (§ 10.1-1238 et seq. of the Code of Virginia); 2. Contain a legally sufficient description of the real property subject to th…

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: 1. It is not appurtenant to an interest in real property; 2. It can be or has been assigned to a person othe…

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

A. A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: 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 t…

A. An environmental covenant and any amendment or termination of the covenant shall be recorded in every locality in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. B. Except as otherwise…

A. An environmental covenant is perpetual unless it is: 1. By its terms limited to a specific duration or terminated by the occurrence of a specific event; 2. Terminated by consent pursuant to § 10.1-1246; 3. Terminated pursuant to subsection B; 4. Terminated by foreclosure of an…

A. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: 1. The agency; 2. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; 3. Each person that originally …

A. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: 1. A party to the covenant; 2. The agency or, if it is not the agency, the Department; 3. Any person to whom the covenant expressly grants power to enforce;…

A. The Department shall establish fees, to be paid by the fee simple owner of the real property subject to the covenant, which shall be assessed for the purpose of funding the costs of administering the provisions of this chapter and shall be used solely for the purposes specifie…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices de…

The Department may, as necessary, adopt regulations to implement the provisions of this chapter.