Section 260.1030

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