1. (1) Pursuant to Code of Ala. 1975, §22-22A-5, ADEM may pursue enforcement action for violation of an environmental covenant established under 335-5.

2. (2) 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) A party to the covenant.
   2. (b) The Department.
   3. (c) Any person to whom the covenant expressly grants power to enforce.
   4. (d) A person whose collateral, liability, or interest in the real property may be affected by the alleged violation of the covenant.
   5. (e) A municipality or other unit of local government in which the real property subject to the covenant is located.
3. (3) A person is not responsible for or subject to liability for environmental remediation solely because that person has the right to enforce an environmental covenant.

Author: James L. Bryant; Lawrence A. Norris

Statutory Authority: Code of Ala. 1975, §§35-19-11; 35-19-13.

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