On December 18, 2007, Governor Rendell signed Act 68, the Uniform Environmental Covenants Act (UECA), into law. Under UECA an environmental covenant will be required whenever an engineering or institutional control is used to demonstrate the attainment of an Act 2 remediation standard.
This applies for any cleanup conducted under an applicable Pennsylvania environmental law and will require all previously established activity and use limitations to be “converted” into environmental covenants within 60 months. This law took effect on February 16, 2008. In practice, PADEP has been requesting that draft covenant language be filed as part of remediation workplans and will be withholding approval of final No Further Action or release of liability for UECA-applicable sites until an approved covenant is submitted.
From a client perspective, this means potential delays while the PADEP figures out how they will implement these requirements. REPSG has also noted that the language requirements of UECA are causing the PADEP to give scrutiny to technical fate and transport modeling and thorough site characterization.
Links to information on UECA are provided below and will be updated as information is available. Please contact Charlene Drake at (215) 729-3220 with any questions on how Act 68 will affect your business.
- Pennsylvania Enacts Uniform Environmental Covenants Act (Overview)
- Model Environmental Covenant
- Notice of Environmental Covenant
To learn more about UECA, please visit the PADEP’s website.