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UTAH STATUTES AND CODES

57-25-102 - Definitions.

57-25-102. Definitions.
As used in this chapter:
(1) "Activity and use limitations" means restrictions or obligations created under thischapter with respect to real property.
(2) "Agency" means the Utah Department of Environmental Quality or other state orfederal agency that determines or approves the environmental response project under which theenvironmental covenant is created.
(3) "Common interest community" means a condominium, cooperative, or other realproperty with respect to which a person, by virtue of the person's ownership of a parcel of realproperty, is obligated to pay property taxes or insurance premiums, or for maintenance, orimprovement of other real property described in a recorded covenant that creates the commoninterest community.
(4) "Environmental covenant" means a servitude arising under an environmentalresponse project that imposes activity and use limitations.
(5) "Environmental response project" means a plan, risk assessment, or work performedfor environmental remediation of real property or surface and groundwater on or beneath the realproperty and conducted:
(a) under a federal or state program governing environmental remediation of realproperty, including under Title 19, Environmental Quality Code;
(b) incident to closure of a solid or hazardous waste management unit, if the closure isconducted with approval of an agency; or
(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8,Voluntary Cleanup Program.
(6) "Holder" means the grantee of an environmental covenant as specified in Subsection57-25-103(1).
(7) "Jurisdiction" means a state of the United States, the District of Columbia, PuertoRico, the United States Virgin Islands, or any territory or insular possession subject to thejurisdiction of the United States.
(8) "Record," used as a noun, means information that is inscribed on a tangible mediumor that is stored in an electronic or other medium and is retrievable in perceivable form.

Enacted by Chapter 51, 2006 General Session

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