(1) Any document recorded by the owner of real property that restricts or requires certain uses or activities relating to such real property, including any restrictions on drilling for or pumping groundwater, to protect human health or the environment by limiting exposure to hazardous substances or by ensuring the integrity of a response action, shall be considered valid and enforceable by its terms, regardless of whether such document is denominated an easement, covenant, deed restriction, or some other instrument. (2) The provisions of subsection (1) of this section shall apply only to: (a) Documents that were required as part of an environmental remediation decision that was rendered prior to July 1, 2001; and (b) Documents recorded in connection with a voluntary cleanup plan approved under section 25-16-306 or petition for a no action determination approved under section 25-16-307. (3) Nothing in this section shall impair the validity or enforceability of an environmental covenant created under section 25-15-321.
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