§ 6517. Relationship to other laws.
(a) Prospective environmental response projects.--
(1) Unless waived by the department, engineering controls or institutional controls required to demonstrate attainment of a remediation standard under the Land Recycling Act or the act of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill Prevention Act, shall be in the form of an environmental covenant.
(2) If a deed acknowledgment is required by section 405 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, or section 512(b) of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, the requirement may be satisfied by reference to an environmental covenant recorded pursuant to this chapter.
(3) An environmental covenant shall not be required for property owned by the Federal Government prior to transfer of the property to a non-Federal entity or individual. Activity and use limitations on Federal property shall be incorporated into an installation's master plan or other similar and appropriate remedial documentation. Nothing in this paragraph shall limit any authority otherwise available to the department to enforce terms of an environmental response project at a Federal installation or on property owned by the Federal Government.
(b) Conversion to environmental covenant.--
(1) An instrument created prior to the effective date of this section which establishes activity and use limitations to demonstrate attainment or maintenance of a standard under the Land Recycling Act or to demonstrate satisfaction of a corrective action requirement under the Storage Tank and Spill Prevention Act shall be converted to an environmental covenant within 60 months of the effective date of this section unless conversion is waived by the department.
(2) Failure to comply with this subsection does not invalidate the existing engineering controls and institutional controls described in paragraph (1) or preclude the conversion of those engineering controls and institutional controls to an environmental covenant at a later date.
Cross References. Section 6517 is referred to in section 6511 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 27 - ENVIRONMENTAL RESOURCES
Chapter 65 - Uniform Environmental Covenants
Section 6501 - Short title of chapter
Section 6503 - Nature of rights; subordination of interests
Section 6504 - Contents of environmental covenant
Section 6506 - Relationship to other land-use law
Section 6510 - Amendment or termination by consent
Section 6511 - Enforcement of environmental covenant
Section 6512 - Registry; substitute notice
Section 6513 - Uniformity of application and construction
Section 6514 - Relation to Electronic Signatures in Global and National Commerce Act
Section 6515 - Environmental Quality Board