55-3011. ENFORCEMENT OF ENVIRONMENTAL COVENANT. (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(a) A party to the covenant;
(b) The agency or, if it is not the agency, the Idaho department of environmental quality;
(c) Any person to whom the covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(e) A municipality or other unit of local government in which the real property subject to the covenant is located.
(2) This chapter does not limit the regulatory authority of the agency or the Idaho department of environmental quality under law other than this chapter with respect to an environmental response project.
(3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
History:
[55-3011, added 2006, ch. 15, sec. 1, p. 39.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT
Section 55-3001 - SHORT TITLE.
Section 55-3002 - DEFINITIONS.
Section 55-3003 - NATURE OF RIGHTS — SUBORDINATION OF INTERESTS.
Section 55-3004 - CONTENTS OF ENVIRONMENTAL COVENANT.
Section 55-3005 - VALIDITY — EFFECT ON OTHER INSTRUMENTS.
Section 55-3006 - RELATIONSHIP TO OTHER LAND USE LAW.
Section 55-3009 - DURATION — AMENDMENT BY COURT ACTION.
Section 55-3010 - AMENDMENT OR TERMINATION BY CONSENT.
Section 55-3011 - ENFORCEMENT OF ENVIRONMENTAL COVENANT.
Section 55-3012 - REGISTRY — SUBSTITUTE NOTICE.
Section 55-3013 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 55-3014 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.