                                 CODE OF VIRGINIA

CONTENTS OF ENVIRONMENTAL COVENANT (§ 10.1-1240)

A. An environmental covenant shall:

   1. State that the instrument is an environmental covenant executed pursuant to
   the Uniform Environmental Covenants Act (&#xA7; 10.1-1238 et seq. of the Code
   of Virginia);

   2. Contain a legally sufficient description of the real property subject to
   the covenant;

   3. Describe the activity and use limitations on the real property;

   4. Identify every holder;

   5. Be signed by the agency, every holder, and, unless waived by the agency,
   every owner of the fee simple of the real property subject to the covenant;
   and

   6. Identify the name and location of any administrative record for the
   environmental response project reflected in the environmental covenant.

B. In addition to the information required by subsection A, an environmental
covenant may contain other information, restrictions, and requirements agreed to
by the persons who signed it, including:

   1. Any requirements for notice following transfer of a specified interest in,
   or concerning proposed changes in use of, applications for building permits
   for, or proposals for any site work affecting the contamination on, the
   property subject to the covenant;

   2. Any requirements for periodic reporting describing compliance with the
   covenant, including a requirement that a qualified and certified professional
   engineer inspect, investigate and report on the compliance with the covenant;

   3. Any rights of access to the property granted in connection with
   implementation or enforcement of the covenant;

   4. A brief narrative description of the contamination and remedy, including
   the contaminants of concern, the pathways of exposure, limits on exposure, and
   the location and extent of the contamination;

   5. Any limitations on amendment or termination of the covenant in addition to
   those contained in &#xA7;&#xA7; 10.1-1245 and 10.1-1246; and

   6. Any rights of the holder in addition to its right to enforce the covenant
   pursuant to &#xA7; 10.1-1247.

C. In addition to other conditions for approval of an environmental covenant,
the agency may require those persons specified by the agency who have interests
in the real property to sign the covenant.

HISTORY: 2010, c. 691.