25 Pa. Code § 253.1

Current through Register Vol. 54, No. 45, November 9, 2024

Section 253.1 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Activity and use limitations-

(i) Restrictions or obligations with respect to real property created under this chapter.

(ii) The term includes engineering controls and institutional controls.

Agency-Any of the following:

(i) The Department.

(ii) A Federal agency which determines or approves an environmental response project pursuant to which the environmental covenant is created.

Common interest community-A condominium, cooperative or other real property, with respect to which a person, by virtue of ownership of a parcel of real property or of ownership of an interest in real property, is obligated to pay for property taxes, insurance premiums, maintenance or improvement of other real property described in a recorded covenant which creates the common interest community.

Eminent domain proceeding-An acquisition of property by an entity acting with the power of eminent domain, whether by condemnation or in lieu of condemnation.

Engineering controls-

(i) Remedial actions directed exclusively toward containing or controlling the migration of regulated substances through the environment.

(ii) The term includes slurry walls, liner systems, caps, leachate collection systems and groundwater recovery trenches.

Environmental covenant-A servitude arising under an environmental response project which imposes activity and use limitations under UECA.

Environmental response project-A plan or work performed for environmental remediation of real property conducted under one of the following:

(i) A Federal program governing environmental remediation of real property.

(ii) A Commonwealth program governing environmental remediation of real property.

(iii) Incident to closure of a solid or hazardous waste management unit if the closure is conducted with approval of an agency.

(iv) A Commonwealth voluntary cleanup program authorized by statute.

Final report-A report filed with the Department by a remediator documenting attainment of one or a combination of cleanup standards under the Land Recycling Act under § 250.204, § 250.312 or § 250.411 (relating to final report).

Holder-A person that is the grantee of an environmental covenant as specified in section 6503(a) of UECA (relating to nature of rights; subordination of interests).

Institutional controls-

(i) Measures undertaken to limit or prohibit certain activities which may interfere with the integrity of a remedial action or result in exposure to regulated substances at a site.

(ii) The term includes fencing and restrictions on the future use of the site.

Instrument-A deed restriction, restrictive covenant or other similar document that imposes activity or use limitations filed with a recorder of deeds.

Land Recycling Act-The Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101-6026.908).

Person-

(i) Any individual, corporation, partnership, association or other entity recognized by law as the subject of rights, duties or obligations.

(ii) The term includes the United States of America, a Federal agency, the Commonwealth, an agency or instrumentality of this Commonwealth and a political subdivision.

Political subdivision-Any county, city, borough, township, or incorporated town.

Record-Information which is:

(i) Inscribed on a tangible medium or stored in an electronic or other medium.

(ii) Retrievable in perceivable form.

Regulated substance-The term has the same meaning given to it in section 103 of the Land Recycling Act (35 P. S. § 6026.103).

Remedial Action Completion Report-A corrective action report filed with the Department by a remediator documenting attainment of one or a combination of cleanup standards under the Land Recycling Act pursuant to the Storage Tank Act under either § 245.310(b) or § 245.313 (relating to site characterization report; and remedial action completion report).

Storage Tank Act-The Storage Tank and Spill Prevention Act (35 P. S. §§ 6021.101-6021.2104).

UECA-The Uniform Environmental Covenants Act (27 Pa.C.S. §§ 6501-6517).

25 Pa. Code § 253.1