reglab/housing_qa huggingface dataset:
MO Rev Stat § 260.935 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.935 - Dry-cleaning facility registration surcharge — deposited in fund — penalties and interest for nonpayment.

Effective - 06 Jul 2005   260.935. Dry-cleaning facility registration surcharge — deposited in fund — penalties and interest for nonpayment. — 1. Every active dry-cleaning facility shall pay, in addition to any other environmental response surcharges, an annual dry-cleaning facility registration surcharge as follows:  (1) Five hundred dollars for facilities which use no more than one hundred forty gallons of chlorinated solvents;  (2) One thousand dollars for facilities which use more than one hundred forty gallons of chlorinated solvents and less than three hundred sixty gallons of chlorinated solvents per year; and  (3) Fifteen hundred dollars for facilities which use at least three hundred sixty gallons of chlorinated solvents per year.  2. The active dry-cleaning facility registration surcharge imposed by this section shall be reported and paid to the department on an annual basis. The commission shall prescribe by administrative rule the procedure for the report and payment required by this section.  3. The department shall provide each person who pays a dry-cleaning facility registration surcharge pursuant to this section with a receipt. The receipt or the copy of the receipt shall be produced for inspection at the request of any authorized representative of the department.  4. All moneys collected or received by the department pursuant to this section shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the dry-cleaning environmental response trust fund created in section 260.920. Following each annual reporting date, the state treasurer shall certify the amount deposited in the fund to the department.  5. If any person does not pay the active dry-cleaning facility registration surcharge or any portion of the active dry-cleaning facility registration surcharge imposed by this section by the date prescribed for such payment, the department shall impose and such person shall pay, in addition to the active dry-cleaning facility registration surcharge owed by such person, a penalty of fifteen percent of the active dry-cleaning facility registration surcharge. Such penalty shall be deposited in the dry-cleaning environmental response trust fund.  6. If any person does not pay the active dry-cleaning facility registration surcharge or any portion of the active dry-cleaning facility registration surcharge imposed by this section by the date prescribed for such payment, the department shall also impose interest upon the unpaid amount at the rate of ten percent per annum from the date prescribed for the payment of such surcharge and penalties until payment is actually made. Such interest shall be deposited in the dry-cleaning environmental response trust fund. ­­-------- (L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)  Effective 7-06-05 (S.B. 170); 8-28-05 (S.B. 225)  Expires 8-28-17
MO Rev Stat § 260.945 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.945 - Surcharges not collected, when.

Effective - 06 Jul 2005   260.945. Surcharges not collected, when. — 1. If the unobligated principal of the fund equals or exceeds five million dollars on April first of any year, the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 shall not be collected on or after the next July first until such time as on April first of any year thereafter the unobligated principal balance of the fund equals two million dollars or less, then the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 shall again be collected on and after the next July first.  2. Not later than April fifth of each year, the state treasurer shall notify the department of the amount of the unobligated balance of the fund on April first of such year. Upon receipt of the notice, the department shall notify the public if the active dry-cleaning facility registration surcharge imposed by section 260.935 and the dry-cleaning solvent surcharge imposed by section 260.940 will terminate or be payable on the following July first.  3. Moneys in the fund shall not be expended pursuant to sections 260.900 to 260.960 prior to July 1, 2002. ­­-------- (L. 2000 S.B. 577, A.L. 2005 S.B. 170)  Effective 7-06-05  Expires 8-28-17
MO Rev Stat § 260.950 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.950 - Judicial review.

Effective - 28 Aug 2000   260.950. Judicial review. — 1. All final orders and determinations of the commission or the department made pursuant to the provisions of sections 260.900 to 260.960 are subject to judicial review pursuant to the provisions of chapter 536. All final orders and determinations shall be deemed administrative decisions as that term is defined in chapter 536; provided that, no judicial review shall be available, unless all administrative remedies are exhausted.  2. In any suit filed pursuant to section 536.050 concerning the validity of the commission's or department's standards, rules or regulations, the court shall review the record made before the commission or department to determine the validity and such reasonableness of such standards, rules or regulations and may hear such additional evidence as it deems necessary. ­­-------- (L. 2000 S.B. 577)  Expires 8-28-17
MO Rev Stat § 260.955 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.955 - Department to report on fund, corrective action from fund.

Effective - 28 Aug 2000   260.955. Department to report on fund, corrective action from fund. — The department shall annually transmit a report to the general assembly and the governor regarding:  (1) Receipts of the fund during the preceding calendar year and the sources of the receipts;  (2) Disbursements from the fund during the preceding calendar year and the purposes of the disbursements;  (3) The extent of corrective action taken pursuant to sections 260.900 to 260.960 during the preceding calendar year; and  (4) The prioritization of sites for expenditures from the fund. ­­-------- (L. 2000 S.B. 577)  Expires 8-28-17
MO Rev Stat § 260.960 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.960 - Rulemaking.

Effective - 06 Jul 2005   260.960. Rulemaking. — Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this act* shall be invalid and void. ­­-------- (L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)  *Effective 7-06-05 (S.B. 170); 8-28-05 (S.B. 225)  Expires 8-28-17
MO Rev Stat § 260.965 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.965 - Expiration date.

Effective - 28 Aug 2011   260.965. Expiration date. — The provisions of sections 260.900 to 260.965 shall expire August 28, 2017. ­­-------- (L. 2005 S.B. 170 merged with S.B. 225, A.L. 2011 S.B. 135)  Expires 8-28-17
MO Rev Stat § 260.1000 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1000 - Citation of law.

Effective - 01 Jan 2008   260.1000. Citation of law. — Sections 260.1000 to 260.1039 shall be cited as the "Missouri Environmental Covenants Act". ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1003 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1003 - Definitions.

Effective - 28 Aug 2008   260.1003. Definitions. — As used in sections 260.1000 to 260.1039, the following terms shall mean:  (1) "Activity and use limitations", restrictions or obligations with respect to real property created under sections 260.1000 to 260.1039;  (2) "Common interest community", 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, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;  (3) "Department", the Missouri department of natural resources or any other state or federal department that determines or approves the environmental response project under which the environmental covenant is created;  (4) "Environmental covenant", a servitude arising under an environmental response project that imposes activity and use limitations;  (5) "Environmental response project", 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 but not limited to the Missouri hazardous waste management law as specified in this chapter;  (b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the department; or  (c) Under a state voluntary cleanup program authorized in the Missouri hazardous waste management law as specified in this chapter. ­­"Environmental response project" shall not include plans or work performed for environmental remediation of releases from aboveground storage tanks or underground storage tanks as defined in section 319.100;  (6) "Holder", the grantee of an environmental covenant as specified in section 260.1006;  (7) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, department, or instrumentality, or any other legal or commercial entity;  (8) "Record", 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", 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. ­­-------- (L. 2007 S.B. 54, A.L. 2008 S.B. 907)
MO Rev Stat § 260.1006 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1006 - Holder of an environmental covenant — department bound by covenant — rules for interests in real property.

Effective - 01 Jan 2008   260.1006. Holder of an environmental covenant — department bound by covenant — rules for interests in real property. — 1. Any person, including a person that owns an interest in the real property, the department, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.  2. The rights of a department under sections 260.1000 to 260.1039 or under an environmental covenant, other than a right as a holder, is not an interest in real property.  3. A department is bound by any obligation it assumes in an environmental covenant, but a department does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than sections 260.1000 to 260.1039 except as provided in the covenant.  4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:  (1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;  (2) Sections 260.1000 to 260.1039 do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;  (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners association;  (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1009 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1009 - Contents of a covenant.

Effective - 01 Jan 2008   260.1009. Contents of a covenant. — 1. An environmental covenant shall:  (1) State that the instrument is an environmental covenant executed under sections 260.1000 to 260.1039;  (2) Contain a legally sufficient description of the real property subject to the covenant;  (3) Describe the activity and use limitations on the real property;  (4) Identify every holder;  (5) Be signed by the department, every holder, and unless waived by the department, every owner of the fee simple of the real property subject to the covenant; and  (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.  2. In addition to the information required by subsection 1 of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:  (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;  (2) Requirements for periodic reporting describing compliance with the covenant;  (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;  (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;  (5) Limitation on amendment or termination of the covenant in addition to those contained in sections 260.1024 and 260.1027; and  (6) Rights of the holder in addition to its right to enforce the covenant under section 260.1030.  3. In addition to other conditions for its approval of an environmental covenant, the department may require those persons specified by the department who have interests in the real property to sign the covenant. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1012 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1012 - Enforceability of covenants, criteria.

Effective - 01 Jan 2008   260.1012. Enforceability of covenants, criteria. — 1. An environmental covenant that complies with sections 260.1000 to 260.1039 runs with the land.  2. An environmental covenant that is otherwise effective is valid and enforceable even if:  (1) It is not appurtenant to an interest in real property;  (2) It can be or has been assigned to a person other than the original holder;  (3) It is not of a character that has been recognized traditionally at common law;  (4) It imposes a negative burden;  (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;  (6) The benefit or burden does not touch or concern real property;  (7) There is no privity of estate or contract;  (8) The holder dies, ceases to exist, resigns, or is replaced; or  (9) The owner of an interest subject to the environmental covenant and the holder are the same person.  3. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before January 1, 2008, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Sections 260.1000 to 260.1039 shall not apply in any other respect to such an instrument.  4. Sections 260.1000 to 260.1039 shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the laws of this state. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1015 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1015 - Use of real property subject to zoning laws and recorded instruments.

Effective - 01 Jan 2008   260.1015. Use of real property subject to zoning laws and recorded instruments. — Sections 260.1000 to 260.1039 shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 260.1000 to 260.1039 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by laws other than sections 260.1000 to 260.1039. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1018 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1018 - Copy of covenant to be provided, to whom.

Effective - 01 Jan 2008   260.1018. Copy of covenant to be provided, to whom. — 1. A copy of an environmental covenant shall be provided by the persons and in the manner required by the department to:  (1) Each person that signed the covenant;  (2) Each person holding a recorded interest in the real property subject to the covenant;  (3) Each person in possession of the real property subject to the covenant;  (4) Each municipality or other unit of local government in which real property subject to the covenant is located; and  (5) Any other person the department requires.  2. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1021 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1021 - Recording of a covenant, procedure.

Effective - 01 Jan 2008   260.1021. Recording of a covenant, procedure. — 1. An environmental covenant and any amendment or termination of the covenant shall be recorded in every county or city not within a county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.  2. Except as otherwise provided in section 260.1024, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08
MO Rev Stat § 260.1024 (2021)
2021 Missouri Revised Statutes|Title XVI - Conservation, Resources and Development|Chapter 260 - Environmental Control|Section 260.1024 - Covenants are perpetual, exceptions — department may terminate covenants, when.

Effective - 01 Jan 2008   260.1024. Covenants are perpetual, exceptions — department may terminate covenants, when. — 1. An environmental covenant is perpetual unless it is:  (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event;  (2) Terminated by consent under section 260.1027;  (3) Terminated by subsection 2 of this section;  (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or  (5) Terminated or modified in an eminent domain proceeding, but only if:  (a) The department that signed the covenant is a party to the proceeding;  (b) All persons identified in section 260.1027 are given notice of the pendency of the proceeding; and  (c) The court determines, after hearing, that the termination or modification will not adversely affect human health, public welfare, or the environment.  2. If the department that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 260.1027 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The department's determination or its failure to make a determination upon request is subject to review under chapter 536.  3. Except as otherwise provided in subsections 1 and 2 of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or any similar doctrine.  4. An environmental covenant may not be extinguished, limited, or impaired by the application of chapter 442 or chapter 444. ­­-------- (L. 2007 S.B. 54)  Effective 1-01-08