1. (1) A copy of the environmental covenant shall be provided by the owner or operator or other responsible person and in the manner required by the Department to each of the following:

   1. (a) Each person who signed the covenant.
   2. (b) Each person holding a recorded interest in the real property subject to the covenant.
   3. (c) Each person in possession of the real property subject to the covenant.
   4. (d) Each municipality or other unit of local government in which the real property subject to the covenant is located, and
   5. (e) Any persons that are due notice under the relevant regulatory program pursuant to which the environmental covenant is being granted.
2. (2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under 335-5-3-.01(1).

Author: James L. Bryant; Lawrence A. Norris

Statutory Authority: Code of Ala. 1975, §§35-19-7; 35-19-13.

History: New Rule: Filed April 21, 2009; effective May 26, 2009.