Maine § 3002. - Definitions

§ 3002.. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 370, §1 (NEW).]

1.  Activity and use limitations.  "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

2.  Agency.  "Agency" means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

3.  Common interest community.  "Common interest community" means 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.  Environmental covenant; covenant.  "Environmental covenant" or "covenant" means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. "Environmental covenant" does not include a municipal ordinance, a voluntary or other remedial action plan or a condition added thereto or an administrative or judicial order, whether unilateral or by consent, that may impose activity or use limitations.

5.  Environmental response project.  "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:

A. Under a federal or state program governing environmental remediation of real property, including, but not limited to, remediation under the laws governing uncontrolled hazardous substance sites, pursuant to chapter 13‑B, or the voluntary response action program under Title 38, section 343‑E; or   [PL 2005, c. 370, §1 (NEW).]

B. Incident to closure of a solid, special or hazardous waste management unit if the closure is conducted with approval of the department under the laws governing hazardous waste, septage and solid waste management, pursuant to chapter 13.   [PL 2005, c. 370, §1 (NEW).]

6.  Holder.  "Holder" means the grantee of an environmental covenant as specified in section 3003, subsection 1.

7.  Person.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity.

8.  Record.  "Record," the noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

9.  State.  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.