Revisor Home

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 01 Jan 2008, see footnotebottom

  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.

­­--------

(L. 2007 S.B. 54)

Effective 1-01-08


---- end of effective   01 Jan 2008 ----

use this link to bookmark section  260.1009


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@09:18:09.6 28