The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.(2) "Agency" means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.(3) "Common interest community" has the same meaning as in RCW 64.90.010.(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity or use limitations.(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted: (a) Under a federal or state program governing environmental remediation of real property, including chapters 43.21C, 64.44, 70A.205, 70A.388, 70A.300, 70A.305, 90.48, and 90.52 RCW;(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or(c) Under the state voluntary clean-up program authorized under chapter 70A.305 RCW or technical assistance program authorized under chapter 70A.330 RCW.(6) "Holder" means the grantee of an environmental covenant as specified in RCW 64.70.030(1).(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(9) "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.Amended by 2024 c 321,§ 430, eff. 1/1/2028.Amended by 2020 c 20,§ 1064, eff. 6/11/2020.Amended by 2017 c 23,§ 6, eff. 7/23/2017.Effective dates- 2024 c 321 s s 319 and 401-432: See note following RCW 64.90.485.
This section is set out more than once due to postponed, multiple, or conflicting amendments.