10.1-1238 - Definitions. - Virginia Statutes

§ 10.1-1238. Definitions.

As used in this chapter, unless the context requires a different meaning:

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

"Agency" means the Department of Environmental Quality or any other stateor federal agency that determines or approves the environmental responseproject pursuant to which the environmental covenant is created.

"Common interest community" means a condominium, cooperative, or other realproperty with respect to which a person, by virtue of the person's ownershipof a parcel of real property, is obligated to pay property taxes or insurancepremiums, for maintenance or improvement of other real property described ina recorded covenant that creates the common interest community.

"Department" means the Department of Environmental Quality.

"Environmental covenant" means a servitude arising under an environmentalresponse project that imposes activity and use limitations.

"Environmental response project" means a plan or work performed forenvironmental remediation of real property and conducted:

1. Under a federal or state program governing environmental remediation ofreal property;

2. Incident to closure of a solid or hazardous waste management unit, if theclosure is conducted with approval of an agency; or

3. Under a state voluntary clean-up program including the BrownfieldRestoration and Land Renewal Act (§ 10.1-1230 et seq.).

"Holder" means the grantee of an environmental covenant as specified insubsection A of § 10.1-1239.

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

"Record," used as a noun, means information that is inscribed on a tangiblemedium or that is stored in an electronic or other medium and is retrievablein 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 insularpossession subject to the jurisdiction of the United States.

(2010, c. 691.)