Section 260.1003

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.  

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"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)