As used in this article, unless the context otherwise requires:
(4.3) "Environmental covenant" means an instrument containing environmental use restrictions created pursuant to section 25-15-321.
(4.5) "Environmental remediation project" means closure of a hazardous waste management unit or solid waste disposal site or any remediation of environmental contamination, including determinations to rely solely or partially on environmental use restrictions to protect human health and the environment but excluding interim measures that are not intended as the final remedial action, that is conducted under any of the following:
(4.7) "Environmental use restriction" means a prohibition of one or more uses of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment.
(5.5) "Hazardous substance" means any substance that is defined as a hazardous substance, pollutant, or contaminant under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq., as amended, or its implementing regulations.
(10.5) "Notice of environmental use restrictions" or "restrictive notice" means an instrument containing environmental use restrictions created pursuant to section 25-15-321.5.
(12.5) "Owner", as used in sections 25-15-317 to 25-15-326, means the record owner of real property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.
(13.5) "Remedial decision" means the administrative determination by the department, the United States environmental protection agency, or other appropriate government entity under the laws cited in subsection (4.5) of this section, that establishes the remedial requirements for the environmental remediation project.
Source: L. 81: Entire article R&RE, p. 1343, § 1, effective July 1. L. 83: (3.5) added, (4), (6), and (8), (10), (11), and (19) repealed, (9)(b)(I), (9)(b)(IV), and (9)(b)(VI) amended, and (9)(c) added, pp. 1088, 1105, §§ 1, 28(1), 2, effective June 3. L. 89: IP(9)(a) amended, p. 1178, § 2, effective April 23. L. 92: Entire section R&RE, p. 1255, § 14, effective August 1. L. 94: (2) amended, p. 2792, § 530, effective July 1. L. 2001: (4.3), (4.5), (4.7), (5.5), (12.5), and (13.5) added, p. 451, § 1, effective July 1. L. 2005: (6)(b)(III) amended, p. 350, § 9, effective August 8. L. 2006: (1) amended, p. 1131, § 9, effective July 1. L. 2008: (10.5) added, p. 169, § 1, effective March 24. L. 2010: (4.5)(c) and (5.5) amended, (HB 10-1422), ch. 419, p. 2105, § 124, effective August 11.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.