[§508C-2]  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Activity or use limitations" means
restrictions or obligations created under this chapter with respect to real
property.



"Agency" means the department of
health or any other state or federal agency that determines or approves the
environmental response project pursuant to which the environmental covenant is
created.



"Common interest community" means a
condominium property regime, cooperative, planned community association, or
other community with respect to which a person, by virtue of the person's
ownership of a parcel of real property within the community is obligated to pay
property taxes or insurance premiums, or fees for maintenance or improvement of
other real property described in a recorded covenant that creates the common
interest community.



"Department" means the department of
health.



"Director" means the director of
health.



"Environmental covenant" means a
servitude arising under an environmental response project that imposes activity
and use limitations.



"Environmental response project"
means a plan or work performed for environmental remediation of real property
and conducted:



(1)  Under a federal or state program governing
environmental remediation of real property, including chapter 128D;



(2)  Incident to closure of a solid or hazardous waste
management unit; provided that the closure is conducted with approval of an
agency; or



(3)  Under the state voluntary response program
authorized in part II of chapter 128D.



"Holder" means a grantee of an
environmental covenant as specified in section 508C‑3(a) who, by virtue
of the covenant, holds an interest in the real property subject to the
covenant, and who accepts certain rights and obligations as stated in the
covenant.



"Person" means an individual,
corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government,
governmental subdivision, agency, instrumentality, or any other legal or
commercial entity.



"Record" means information that is
inscribed on a tangible medium or that is stored in any medium and is
retrievable in perceivable form.



"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United States. [L 2006, c 279, pt of §2]