reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.818 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.818. Definitions. —
As used in sections 260.818 and 260.819 the following terms mean:
(1)
"Damages"
, damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;
(2)
"Discharge"
, any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(3)
"Federal on-scene coordinator"
, the federal official designated by the lead agency or predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct responses under the National Contingency Plan;
(4)
"National Contingency Plan"
, the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990, P.L. No. 101-380, 104 Stat. 484, 1990;
(5)
"Oil"
, oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(6)
"Person"
, an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of this state, or any interstate body;
(7)
"Remove or removal"
, containment and removal of oil from water and shorelines or by taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;
(8)
"Removal costs"
, the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;
(9)
"Responsible party"
, a responsible party as defined under section 1001 of the Oil Pollution Act of 1990, P.L. No. 101-380, 104 Stat. 484, 1990.
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(L. 1995 S.B. 407)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.819 - Removal costs and damages, liability, limitations.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1998
260.819. Removal costs and damages, liability, limitations. —
1. Notwithstanding any other provision of law to the contrary, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
2. Subsection 1 of this section shall not apply:
(1) To a responsible party;
(2) With respect to personal injury or wrongful death; or
(3) If the person engages in willful misconduct.
3. A responsible party is liable for any removal costs and damages that another person is relieved of pursuant to subsection 1 of this section.
4. Nothing in this section shall be construed to affect the liability of a responsible party for oil spill response under other applicable provisions of state law.
5. Nothing herein shall limit a party's right to seek recovery of damages or removal costs from the federal Oil Spill Liability Trust Fund.
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(L. 1995 S.B. 407, A.L. 1998 H.B. 1369)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.820 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.820. Definitions. —
When used in sections 260.820 to 260.826, the following words and phrases mean:
(1)
"Package"
, a container providing a means of marketing, protecting or handling a product including a unit package, an intermediate package, a shipping container as defined in American Society for Testing Materials D996, tinplated steel as defined in American Society for Testing Materials specification A-623, and unsealed receptacles including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs, when used for packaging purposes;
(2)
"Packaging component"
, any individual assembled part of a package, including without limitation, any interior or exterior strapping, bracing, cushioning, weatherproofing, coating, closure, label, dye, pigment, adhesive, stabilizer, or other additive, or ink. Tinplated steel that meets the American Society for Testing and Material specification A-623 shall be considered as a single package component.
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(L. 1993 S.B. 80, et al. § 1)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.822 - Content concentration of certain elements, restrictions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.822. Content concentration of certain elements, restrictions. —
Except as provided in section 260.824, a manufacturer or distributor may not sell a package, packaging material, or packaging component and a manufacturer or distributor of products in the state of Missouri shall not offer for sale or promotional purposes any package, packaging materials, or any packaging component, with a total concentration of lead, cadmium, mercury and hexavalent chromium that exceeds:
(1) Beginning on July 1, 1994, six hundred parts per million;
(2) Beginning on July 1, 1995, two hundred fifty parts per million; and
(3) Beginning on July 1, 1996, one hundred parts per million.
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(L. 1993 S.B. 80, et al. § 2)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.824 - Exemptions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.824. Exemptions. —
1. Before July 1, 1996, section 260.822 shall not apply with respect to a package, packaging material or packaging component made from recycled materials.
2. Section 260.822 shall not apply with respect to a package, packaging material or packaging component if a higher total concentration of lead, cadmium, mercury and hexavalent chromium is necessary to meet federal health or safety requirements.
3. Section 260.822 shall not apply with respect to a package, packaging material or packaging component for which there is no feasible alternative that satisfies the limitations prescribed in section 260.822. The manufacturer or distributor shall apply to the department of natural resources for approval of the exemption and the department shall approve the exemption if the applicant clearly and convincingly demonstrates that the package, packaging material or packaging component will not endanger public health or the environment.
4. Section 260.822 shall not apply with respect to any glass or ceramic package that is intended to be reusable or refillable and where the lead and cadmium from the product do not exceed the toxicity characteristic leachability procedures of lead and cadmium as set forth by the United States Environmental Protection Agency.
5. Section 260.822 shall not apply with respect to lead foil purchased and used on or before December 31, 1993, to wrap the opening of a bottle that contains intoxicating liquor or to any package that contains intoxicating liquor if the package was filled and sealed on or before December 31, 1993.
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(L. 1993 S.B. 80, et al. § 3)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.830 - Landfill fee authorized, counties of third and fourth classification — approval, ballot, limitation.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2007, 2 histories
260.830. Landfill fee authorized, counties of third and fourth classification — approval, ballot, limitation. —
1. Any county of the third classification or any county of the second classification with more than forty-eight thousand two hundred but less than forty-eight thousand three hundred inhabitants or any county of the fourth classification with more than forty-eight thousand two hundred but less than forty-eight thousand three hundred inhabitants may or any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants, by a majority vote of its governing body, impose a landfill fee pursuant to this section and section 260.831, for the benefit of the county. No order or ordinance enacted pursuant to the authority granted by this section shall be effective unless the governing body of the county submits to the qualified voters of the county, at a public election, a proposal to authorize the governing body of the county to impose a fee under the provisions of this section. The ballot of submission shall be in substantially the following form:
Shall the county of ______ (insert name of county) impose a landfill fee of ______ (insert amount of fee per ton or volumetric equivalent of solid waste)?
☐ YES
☐ NO
­­If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the order or ordinance and any amendments thereto shall become effective on the first day of the calendar quarter immediately after such election results are certified. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the county shall have no power to impose the fee authorized by this section unless and until the governing body of the county shall again have submitted another proposal to authorize the governing body of the county to impose such fee, and the proposal is approved by a majority of the qualified voters voting thereon. If an economic development authority does not exist in a county at the time that a landfill fee is adopted by such county under this section, then the governing body of such county shall establish an economic development authority in the county.
2. The landfill fee authorized by such an election may not exceed one dollar and fifty cents per ton or its volumetric equivalent of solid waste accepted, which charge may be in addition to any such fee currently imposed pursuant to the provisions of section 260.330.
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(L. 1993 S.B. 80, et al. § 17, A.L. 2003 S.B. 11 merged with S.B. 546, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.831 - Collection of fee by operator, payment required — separate surcharge, transmittal of funds.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2007, 3 histories
260.831. Collection of fee by operator, payment required — separate surcharge, transmittal of funds. —
1. Each operator of a solid waste sanitary or demolition landfill in any county wherein a landfill fee has been approved by the voters pursuant to section 260.830 shall collect a charge equal to the charge authorized by the voters in such election, not to exceed one dollar and fifty cents per ton or its volumetric equivalent of solid waste accepted. Such fee shall be collected in addition to any fee authorized or imposed pursuant to the provisions of section 260.330, and shall be paid to such operator by all political subdivisions, municipalities, corporations, entities or persons disposing of solid waste or demolition waste, whether pursuant to contract or otherwise, and notwithstanding that any such contract may provide for collection, transportation and disposal of such waste at a fixed fee. Any such contract providing for collections, transportation and disposal of such waste at a fixed fee which is in force on August 28, 2007, shall be renegotiated by the parties to the contract to include the additional fee imposed by this section. Each such operator shall submit the charge, less collection costs, to the governing body of the county, which shall dedicate such funds for use by the industrial development authority within the county and such funds shall be used by the county commission or authority for economic development within the county. Collection costs shall be the same as established by the department of natural resources pursuant to section 260.330, and shall not exceed two percent of the amount collected pursuant to this section.
2. The charges established in this section shall be enumerated separately from any disposal fee charged by the landfill. After January 1, 1994, the fee authorized under section 260.830 and this section shall be stated as a separate surcharge on each individual solid waste collection customer's invoice and shall also indicate whether the county commission or economic development authority receives the funds. Moneys transmitted to the governing body of the county shall be no less than the amount collected less collection costs and in a form, manner and frequency as the governing body may prescribe. Failure to collect such charge shall not relieve the operator from responsibility for transmitting an amount equal to the charge to the governing body.
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(L. 1993 S.B. 80, et al. § 18, A.L. 1996 S.B. 662, A.L. 2003 S.B. 546, A.L. 2004 H.B. 795, et al., A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.910 - Violations of dry-cleaning remediation laws — civil damages.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2000
260.910. Violations of dry-cleaning remediation laws — civil damages. —
1. No person shall:
(1) Operate an active dry-cleaning facility in violation of sections 260.900 to 260.960, rules and regulations adopted pursuant to sections 260.900 to 260.960 or orders of the director pursuant to sections 260.900 to 260.960, or operate an active dry-cleaning facility in violation of any other applicable federal or state environmental statutes, rules or regulations;
(2) Prevent or hinder a properly identified officer or employee of the department or other authorized agent of the director from entering, inspecting, sampling or responding to a release at reasonable times and with reasonable advance notice to the operator as authorized by sections 260.900 to 260.960;
(3) Knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with sections 260.900 to 260.960;
(4) Knowingly destroy, alter or conceal any record required to be maintained by sections 260.900 to 260.960 or rules and regulations adopted pursuant to sections 260.900 to 260.960;
(5) Willfully allow a release in excess of a reportable quantity or knowingly fail to make an immediate response to a release in accordance with sections 260.900 to 260.960 and rules and regulations pursuant to sections 260.900 to 260.960.
2. The director may bring a civil damages action against any person who violates any provisions of subsection 1 of this section. Such civil damages may be assessed in an amount not to exceed five hundred dollars for each violation and are in addition to any other penalty assessed by law.
3. In assessing any civil damages pursuant to this section, a court of competent jurisdiction shall consider, when applicable, the following factors:
(1) The extent to which the violation presents a hazard to human health;
(2) The extent to which the violation has or may have an adverse effect on the environment;
(3) The amount of the reasonable costs incurred by the state in detection and investigation of the violation; and
(4) The economic savings realized by the person in not complying with the provision for which a violation is charged.
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(L. 2000 S.B. 577)
Expires 8-28-17
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.915 - Registration of dry-cleaning facilities with department.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2000
260.915. Registration of dry-cleaning facilities with department. —
Each operator of an active dry-cleaning facility shall register with the department on a form provided by the department according to procedures established by the department by rule.
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(L. 2000 S.B. 577)
Expires 8-28-17
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.920 - Dry-cleaning environmental response trust fund created — purpose — not to be considered total state revenue.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2000
260.920. Dry-cleaning environmental response trust fund created — purpose — not to be considered total state revenue. —
1. There is hereby created within the state treasury a fund to be known as the "Dry-cleaning Environmental Response Trust Fund". All moneys received from the environmental response surcharges, fees, gifts, bequests, donations and moneys recovered by the state pursuant to sections 260.900 to 260.960, except for any moneys paid under an agreement with the director or as civil damages, or any other money so designated shall be deposited in the state treasury to the credit of the dry-cleaning environmental response trust fund, and shall be invested to generate income to the fund. Notwithstanding the provisions of section 33.080, the unexpended balance in the dry-cleaning environmental response trust fund at the end of each fiscal year shall not be transferred to the general revenue fund.
2. Moneys in the fund may be expended for only the following purposes and for no other governmental
*
purpose:
(1) The direct costs of administration and enforcement of sections 260.900 to 260.960; and
(2) The costs of corrective action as provided in section 260.925.
3. The state treasurer is authorized to deposit all of the moneys in the dry-cleaning environmental response trust fund in any of the qualified depositories of the state. All such deposits shall be secured in such a manner and shall be made upon such terms and conditions as are now or may hereafter be provided by law relative to state deposits. Interest received on such deposits shall be credited to the dry-cleaning environmental response trust fund.
4. Any funds received pursuant to sections 260.900 to 260.960 and deposited in the dry-cleaning environmental response trust fund shall not be considered a part of "total state revenue" as provided in Sections 17 and 18 of Article X of the Missouri Constitution.
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(L. 2000 S.B. 577)
Expires 8-28-17
*Word "government" appears in original rolls.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.945 - Surcharges not collected, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 06 Jul 2005, see footnote
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.
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(L. 2000 S.B. 577, A.L. 2005 S.B. 170)
Effective 7-06-05
Expires 8-28-17
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.950 - Judicial review.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• 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.
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(L. 2000 S.B. 577)
Expires 8-28-17
2023 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.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• 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.
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(L. 2000 S.B. 577)
Expires 8-28-17
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.960 - Rulemaking.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 06 Jul 2005, see footnote
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.
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(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
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.965 - Expiration date.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2011, 2 histories
260.965. Expiration date. —
The provisions of sections 260.900 to 260.965 shall expire August 28, 2017.
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(L. 2005 S.B. 170 merged with S.B. 225, A.L. 2011 S.B. 135)
Expires 8-28-17
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1000 - Citation of law.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.1000. Citation of law. —
Sections 260.1000 to 260.1039 shall be cited as the "Missouri Environmental Covenants Act".
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1003 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2008, 2 histories
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.
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(L. 2007 S.B. 54, A.L. 2008 S.B. 907)
2023 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.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1009 - Contents of a covenant.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1012 - Enforceability of covenants, criteria.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 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.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1018 - Copy of covenant to be provided, to whom.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1021 - Recording of a covenant, procedure.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 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.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
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.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1027 - Amendment or termination of a covenant, requirements — interest in property not affected by amendment.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.1027. Amendment or termination of a covenant, requirements — interest in property not affected by amendment. —
1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1) The department;
(2) Unless this requirement is waived by the department, the current owner of the fee simple of the real property subject to the covenant;
(3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4) The holder, except as otherwise provided in subsection 4 of this section.
2. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
3. Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
4. Except as otherwise provided in an environmental covenant:
(1) A holder may not assign its interest without consent of the other parties;
(2) A holder may be removed and replaced by agreement of the other parties specified in subsection 1 of this section.
5. A court of competent jurisdiction may fill a vacancy in the position of holder.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1030 - Civil action may be maintained, when — department to maintain regulatory authority.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.1030. Civil action may be maintained, when — department to maintain regulatory authority. —
1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) A party to the covenant;
(2) The department;
(3) Any person to whom the covenant expressly grants power to enforce;
(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(5) A municipality or other unit of local government in which the real property subject to the covenant is located.
2. Sections 260.1000 to 260.1039 do not limit the regulatory authority of the department under law other than sections 260.1000 to 260.1039 with respect to an environmental response project.
3. A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
­­--------
(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1036 - Inapplicability to storage tanks.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.1036. Inapplicability to storage tanks. —
Sections 260.1000 to 260.1039 shall not apply to aboveground or underground storage tanks as defined in section 319.100.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1039 - Effect of act on certain federal laws.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.1039. Effect of act on certain federal laws. —
As authorized in 15 U.S.C. 7002, as amended, sections 260.1000 to 260.1039 modify, limit, or supersede
*
the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede 15 U.S.C. Section 7001(a), or authorize electronic delivery of any of the notices described in 15 U.S.C. Section 7003(b).
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(L. 2007 S.B. 54)
Effective 1-01-08
*Words "modifies, limits, or supersedes" appears in original rolls.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1050 - Citation of act.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2008
*260.1050. Citation of act. —
Sections 260.1050 to 260.1101 may be cited as the "Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act".
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(L. 2008 S.B. 720)
*Contingent expiration date, see § 260.1092
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1053 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2008
*260.1053. Definitions. —
As used in sections 260.1050 to 260.1101, the following terms mean:
(1)
"Brand"
, the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product;
(2)
"Computer materials"
, a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner;
(3)
"Consumer"
, an individual who uses equipment that is purchased primarily for personal or home business use;
(4)
"Department"
, department of natural resources;
(5)
"Equipment"
, computer materials;
(6)
"Manufacturer"
, a person:
(a) Who manufactures or manufactured equipment under a brand that:
a. The person owns or owned; or
b. The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;
(b) Who sells or sold equipment manufactured by others under a brand that:
a. The person owns or owned; or
b. The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;
(c) Who manufactures or manufactured equipment without affixing a brand;
(d) Who manufactures or manufactured equipment to which the person affixes or affixed a brand that:
a. The person does not or has not owned; or
b. The person is not or was not licensed to use; or
(e) Who imports or imported equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.
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(L. 2008 S.B. 720)
*Contingent expiration date, see § 260.1092
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.1059 - Applicability of act — exceptions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2008
*260.1059. Applicability of act — exceptions. —
1. The collection, recycling, and reuse provisions of sections 260.1050 to 260.1101 apply to equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility.
2. Sections 260.1050 to 260.1101 do not apply to:
(1) Any computer material that is an electronic device that is a part of a motor vehicle or any part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(2) Any electronic device that is functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including diagnostic, monitoring, or other medical products as that term is defined under the federal Food, Drug, and Cosmetic Act or equipment used for security, sensing, monitoring, or antiterrorism purposes;
(3) A covered electronic device that is contained within a clothes washer, clothes dryer, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier;
(4) Telephone of any type, including mobile telephones and wireless devices;
(5) A personal digital assistant or P.D.A.;
(6) A consumer's lease of equipment or a consumer's use of equipment under a lease agreement; or
(7) The sale or lease of equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of equipment that has reached the end of its useful life.
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(L. 2008 S.B. 720)
*Contingent expiration date, see § 260.1092