Section 260.930

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2000   

  260.930.  State immunity from liability due to corrective action — private action against dry-cleaning facility not prohibited — corrective action not to be compelled at eligible dry-cleaning facilities — director approval of plans, when. — 1.  Neither the state of Missouri, the fund, the commission, the director nor the department or agent or employees thereof shall be liable for loss of business, damages or taking of property associated with any corrective action taken pursuant to sections 260.900 to 260.960.

  2.  Nothing in sections 260.900 to 260.960 shall establish or create any liability or responsibility on the part of the commission, the director, the department or the state of Missouri, or agents or employees thereof, to pay any corrective action costs from any source other than the fund or to take corrective action if the moneys in the fund are insufficient to do so.

  3.  Nothing in sections 260.900 to 260.960 shall be construed to abrogate or limit any right, remedy, causes of action, or claim by any person sustaining personal injury or property damage as a result of any release from a dry-cleaning facility, nor shall anything in sections 260.900 to 260.960 be construed to abrogate or limit any liability of any person in any way responsible for any release from a dry-cleaning facility or any damages for personal injury or property damages caused by such a release.

  4.  Moneys in the fund shall not be used for compensating third parties for bodily injury or property damage caused by a release from a dry-cleaning facility, other than property damage included in the corrective action plan approved by the director.

  5.  To the extent that an operator, owner or other person is eligible pursuant to the provisions of sections 260.900 to 260.960 to have corrective action costs paid by the fund, no administrative or judicial claim may be made under state law against any such operator, owner or other person by or on behalf of a state or local government or by any person to either compel corrective action at the dry-cleaning facility site or seek recovery of the costs of corrective action at the dry-cleaning facility which result from the release of dry-cleaning solvents from that dry-cleaning facility or to compel corrective action or seek recovery of the costs of corrective action which result from the release of dry-cleaning solvents from a dry-cleaning facility.  The provisions of this subsection shall apply to any dry-cleaning facility or dry-cleaning facility site which has been included in a corrective action plan approved by the director.  The director shall only approve a corrective action plan after making a determination that a sufficient balance in the fund exists to implement the plan.  No administrative or judicial claim may be made unless the director has rejected the corrective action plan submitted pursuant to section 260.925.

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(L. 2000 S.B. 577)

Expires 8-28-17