These regulations apply to environmental covenants arising from environmental response projects conducted under any of the following Alabama Department of Environmental Management programs: Scrap tire remediation sites, Soil and groundwater remediation sites, Leaking storage tank remediation sites, Solid waste disposal sites, Hazardous waste disposal sites, Voluntary cleanup program sites and Dry cleaner remediation sites.
These regulations apply to a property or site undergoing a response action that does not return the property to unrestricted use. An environmental covenant is required for a site if the approved environmental response project plan places a land use control on the site because it is not being remediated to unrestricted use. The Department, when considering the environmental response project plan for a site, may require the owner or operator or other responsible person to enter into an environmental covenant with the owner of the off-site parcels or properties to ensure that the remedy approved in the plan is protective of human health and the environment. An owner or operator or other responsible person whose environmental response project plan includes other off-site parcels or properties may voluntarily include the off-site parcels or properties in an environmental covenant.