[§508C-2] Definitions.
359 words·~2 min read·
/hi/508c-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§508C-2] Definitions. As used in this chapter, unless the context otherwise requires:
"Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.
"Agency" means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
"Common interest community" means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.
"Department" means the department of health.
"Director" means the director of health.
"Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(1)Under a federal or state program governing environmental remediation of real property, including chapter 128D;
(2)Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or
(3)Under the state voluntary response program authorized in part II of chapter 128D.
"Holder" means a grantee of an environmental covenant as specified in section 508C‑3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant.
"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.
"Record" means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form.
"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. [L 2006, c 279, pt of §2]