TITLE 76. LAND RESOURCES AND USE

CHAPTER 7. ENVIRONMENTAL CONTROL EASEMENT ACT

Part 2. Environmental Control Easements

Qualified Private Organizations

76-7-205. Qualified private organizations. If the grantee or holder of an environmental control easement is a qualified private organization, then the organization has the following additional obligations:

(1) The organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 an annual report on or before April 30 of each year providing a description of actions taken to monitor the environmental control site, the status of compliance with the environmental control easement, and any other information that the state or federal agency may require relating to compliance with the provisions of the environmental control easement.

(2) Within 15 days following the discovery of any material violation of the environmental control easement, the organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 a written report setting forth the nature of the violation, the remedies that the grantee intends to undertake to correct the violation, and any other information that the state or federal agency may request.

(3) The organization shall notify, in writing, the state or federal agency that approved the environmental control easement pursuant to 76-7-201 of the organization's dissolution, the cessation of operations, or the occurrence of any other event that renders the organization incapable of performing its obligations under the terms of the environmental control easement.

History: En. Sec. 12, Ch. 503, L. 1999.