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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

25 Pa. Code § 253.10. Conversion and waiver of conversion.

§ 253.10. Conversion and waiver of conversion.

 (a)  An instrument created before February 18, 2008, which establishes activity and use limitations to demonstrate attainment or maintenance of one or a combination of cleanup standards under the Land Recycling Act or to demonstrate satisfaction of a corrective action requirement under the Storage Tank Act shall be converted to an environmental covenant by February 18, 2013, unless waived by the Department or as otherwise provided in this section.

 (b)  The current owner of a property subject to an instrument covered in subsection (a) shall have the responsibility to convert the existing instrument to an environmental covenant in accordance with the requirements of UECA and this chapter. The Department will not require, but may allow, such an environmental covenant to contain information, restrictions or requirements, including activity and use limitations, not contained in the existing instrument or a Department-approved postremediation care plan.

 (c)  The obligation to convert an instrument covered in subsection (a) shall be waived until the property is transferred to a new owner if the current owner of the property requests the waiver in writing and provides the Department with proof of recordation of the instrument covered by subsection (a).

 (d)  The Department may waive the requirement to convert an instrument. Waivers that are granted by the Department will be issued in writing.

Cross References

   This section cited in §  253.7 (relating to fees).

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