Ala. Admin. Code r. 335-5-5-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-5-5-.01 - Enforcement Of Covenants

(1) Pursuant to Code of Ala. 1975, § 22-22A-5, ADEM may pursue enforcement action for violation of an environmental covenant established under 335-5.

(2) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following parties or entities:

(a) A party to the covenant.

(b) The Department.

(c) Any person to whom the covenant expressly grants power to enforce.

(d) A person whose collateral, liability, or interest in the real property may be affected by the alleged violation of the covenant.

(e) A municipality or other unit of local government in which the real property subject to the covenant is located.

(3) A person is not responsible for or subject to liability for environmental remediation solely because that person has the right to enforce an environmental covenant.

Ala. Admin. Code r. 335-5-5-.01

New Rule: Filed April 21, 2009; effective May 26, 2009.

Authors: James L. Bryant; Lawrence A. Norris

Statutory Authority:Code of Ala. 1975, §§ 35-19-11; 35-19-13.