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 or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.

     (3)(a) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

     (b) "Common interest community" includes but is not limited to:

     (i) An association of apartment owners as defined in RCW 64.32.010;

     (ii) A unit owners' association as defined in RCW 64.34.020 and organized under RCW 64.34.300;

     (iii) A master association as provided in RCW 64.34.276;

     (iv) A subassociation as provided in RCW 64.34.278; and

     (v) A homeowners' association as defined in RCW 64.38.010.

     (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, 70.95, 70.98, 70.105, 70.105D, 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 70.105D 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.

[2007 c 104 § 3.]