Oklahoma § 60-49.21 - Enforcement of environmental covenant

§ 60-49.21. Enforcement of environmental covenant

ENFORCEMENT OF ENVIRONMENTAL COVENANT.

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 of

Environmental Quality;

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 municipality or other unit of local government in which

the real property subject to the covenant is located.

B. The Uniform Environmental Covenants Act does not limit the

regulatory authority of the Department of Environmental Quality or

other agency under law other than the Uniform Environmental

Covenants Act with respect to an environmental response project

including the authority of the Department of Environmental Quality

provided in Sections 2-7-123 and 2-15-107 of Title 27A of the

Oklahoma Statutes.

C. A person is not responsible for or subject to liability for

environmental remediation solely because it has the right to enforce

an environmental covenant.

Added by Laws 2006, c. 182, § 11, eff. Jan. 1, 2007.