The general assembly declares that it is in the public interest to ensure that environmental remediation projects protect human health and the environment. The general assembly finds that environmental remediation projects may leave residual contamination at levels that have been determined to be safe for a specific use, but not all uses, and may incorporate engineered structures that must be maintained or protected against damage to remain effective. The general assembly finds that in such cases, it is necessary to provide an effective and enforceable means of ensuring the conduct of any required maintenance, monitoring, or operation, and of restricting future uses of the land, including placing restrictions on drilling for or pumping groundwater for as long as any residual contamination remains hazardous. The general assembly, therefore, declares that it is in the public interest to create environmental covenants and notices of environmental use restrictions because such covenants and restrictive notices are necessary for the protection of human health and the environment.
Source: L. 2001: Entire section added, p. 452, § 2, effective July 1. L. 2008: Entire section amended, p. 169, § 2, effective March 24.
Structure Colorado Code
Title 25 - Public Health and Environment
Part 3 - State Hazardous Waste Management Program
§ 25-15-301. Powers and Duties of Department
§ 25-15-301.5. Additional Powers of Department - Legislative Declaration - Report
§ 25-15-304. Hazardous Waste Service Fund Created
§ 25-15-306. Local Control of Facilities - Authorization by Department - Allocation of Fees
§ 25-15-307. Coordination With Other Programs
§ 25-15-308. Prohibited Acts - Enforcement
§ 25-15-309. Administrative and Civil Penalties
§ 25-15-310. Criminal Offenses - Penalties
§ 25-15-311. Disposition of Fines and Penalties
§ 25-15-313. Right to Claim Reimbursement
§ 25-15-314. Solid and Hazardous Waste Commission Funding
§ 25-15-315. Solid and Hazardous Waste Commission Fund - Creation
§ 25-15-316. Prior Acts Validated and Rules Continued
§ 25-15-317. Legislative Declaration
§ 25-15-318. Nature of Environmental Covenants
§ 25-15-318.5. Nature of a Notice of Environmental Use Restrictions
§ 25-15-319. Contents of Environmental Covenants and Notices of Environmental Use Restrictions
§ 25-15-320. Environmental Covenants - When Required - Waiver
§ 25-15-321. Creation, Modification, and Termination of an Environmental Covenant
§ 25-15-321.5. Notice of Environmental Use Restrictions - Creation, Modification, and Termination
§ 25-15-322. Enforcement - Remedies
§ 25-15-323. Registry of Environmental Covenants and Notices of Environmental Use Restrictions
§ 25-15-324. Coordination With Affected Local Governments