Section 260.1033

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 01 Jan 2008, see footnote   

  260.1033.  Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. — 1.  The department shall establish an activity and use limitation information system and ensure that it is maintained, that provides readily accessible information on sites with known contamination, and records the creation, amendment, and termination of covenants.  The activity and use limitation information system shall distinguish clearly between three categories of sites contaminated with hazardous substance contamination:

  (1)  Sites where no investigation or remedial action has been performed, or where remedial actions are in progress but are not complete;

  (2)  Sites where remedial action has been taken to address known risks to human health, public welfare, and the environment and the site is suitable for certain land uses and the department has issued a letter indicating that the site is suitable for certain land uses and that further investigation and remedial action is not required;

  (3)  Sites where previous concerns about contamination should no longer be an issue because of removal of waste and contamination or investigation results that demonstrate that contamination is now below levels considered suitable for unrestricted use.

  2.  After an environmental covenant or an amendment or termination of a covenant is filed in the information system established under subsection 1 of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant.  Any such notice shall contain:

  (1)  A legally sufficient description and any available street address of the real property subject to the covenant;

  (2)  The name and address of the owner of the fee simple interest in the real property, the department, and the holder if other than the department;

  (3)  A statement that the covenant, amendment, or termination is available in an information system at the department, which discloses the method of any electronic access; and

  (4)  A statement that the notice is notification of an environmental covenant executed under sections 260.1000 to 260.1039.

  3.  A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection 2 of this section:

"1.	This notice is filed in the land records of the ______ (political subdivision) of ______ (insert name of jurisdiction in which the real property is located) under Sections 260.1000 to 260.1039, RSMo.
2.	This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.
3.	A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is ______ (insert address of property) (not available).
4.	The name and address of the owner of the fee simple interest in the real property on the date of this notice is ______ (insert name of current owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located).
5.	The environmental covenant, amendment or termination was signed by ______ (insert name and address of the department).
6.	The environmental covenant, amendment, or termination was filed in the information system on ______ (insert date of filing).
7.	The full text of the covenant, amendment or termination and any other information required by the department is on file and available for inspection and copying in the information system maintained for that purpose by the department at ______ (insert address and room of building in which the information system is maintained). The covenant, amendment or termination may be found electronically at ______ (insert internet address for covenant)."

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(L. 2007 S.B. 54)

Effective 1-01-08