Environmental

What is an 'environmental covenant' (land use restriction) under Pennsylvania Act 2, and how long does it remain in effect?

AA covenant that expires 10 years after remediation is complete
BA perpetual deed restriction recorded against a remediated property limiting its use to approved purposes (e.g., commercial use only), running with the land and binding all future owners✓ Correct
CA covenant effective only while the original remediating party owns the property
DA PADEP administrative order recorded as an environmental covenant

Explanation

Under Pennsylvania Act 2, when a site is remediated to non-residential standards (leaving residual contamination acceptable only for commercial/industrial use), an environmental covenant (Activity and Use Limitation/AUL) is recorded as a deed restriction. This covenant is perpetual — it runs with the land and binds all future owners, prohibiting uses (e.

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