PURPOSE OF NOTICE: The Department of Environmental Quality (DEQ) is seeking persons interested in providing input to the department concerning implementation of Virginia Acts of Assembly Chapter 691 (2010 SB 686).
DEADLINE FOR SUBMITTAL OF REQUESTS: July 9, 2010
BACKGROUND: During the 2010 legislative session, the Virginia General Assembly passed the Uniform Environmental Covenants Act (UECA), SB 686 (Acts of Assembly Chapter 691), authorizing DEQ to enter into environmental covenants with interest holders in real property that restrict the use of the real property. The covenants are intended to survive transfers of ownership interests in the land or operations of law that may otherwise terminate the covenant. The legislation spells out the recordation process and notice to subsequent holders of interest. Prior held interests are not affected by the covenant. The legislation authorizes DEQ to establish fees to be paid by the fee simple owner of the real estate subject to the covenant in order to fund the program.
According to the National Conference of Commissioners on Uniform State Law (NCCUSL), an environmental covenant is generally a servitude arising under an environmental response project that imposes activity and use limitations on future use of a contaminated real property. NCCUSL asserts that environmental covenants ensure public notice of these limitations, enhance enforcement of the limitations, and facilitate return of the sites to productive use.
UECA will provide an additional option among the tools available to effect remediation of real property in Virginia.
INTERESTED-PERSONS LIST: The department is establishing a list of persons who are interested in UECA and interested in assisting DEQ in its consideration of possible regulations to implement UECA. Individuals interested in being on this list are asked to send their name, contact information, and credentials to the contact person listed below.