(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 department or any other agency specified in the covenant;
- (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; or
- (5) A county in which the real property subject to the covenant is located.
- (b) This chapter shall not limit the regulatory authority of the department or any governmental unit under law other than this chapter with respect to an environmental response project.
- (c) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
[L 2006, c 279, pt of §2]