(1) Unless waived by the department, engineering controls or institutional controls required to demonstrate attainment of a remediation standard under the Land Recycling Act or the act of July 6, 1989 (P.L. 169, No. 32),¹ known as the Storage Tank and Spill Prevention Act, shall be in the form of an environmental covenant.

(2) If a deed acknowledgment is required by section 405² of the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, or section 512(b)³ of the act of October 18, 1988 (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act, the requirement may be satisfied by reference to an environmental covenant recorded pursuant to this chapter.

(3) An environmental covenant shall not be required for property owned by the Federal Government prior to transfer of the property to a non-Federal entity or individual. Activity and use limitations on Federal property shall be incorporated into an installation's master plan or other similar and appropriate remedial documentation. Nothing in this paragraph shall limit any authority otherwise available to the department to enforce terms of an environmental response project at a Federal installation or on property owned by the Federal Government.

(1) An instrument created prior to the effective date of this section which establishes activity and use limitations to demonstrate attainment or maintenance of a standard under the Land Recycling Act or to demonstrate satisfaction of a corrective action requirement under the Storage Tank and Spill Prevention Act shall be converted to an environmental covenant within 60 months of the effective date of this section unless conversion is waived by the department.

(2) Failure to comply with this subsection does not invalidate the existing engineering controls and institutional controls described in paragraph (1) or preclude the conversion of those engineering controls and institutional controls to an environmental covenant at a later date.