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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 27 Jun 1983, see footnotebottom

  260.530.  Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept. — 1.  Any person having control over a hazardous substance shall be strictly liable to the state of Missouri for the reasonable cleanup costs incurred by the state as a result of the failure of such person to clean up a hazardous substance involved in a hazardous substance emergency in accordance with the requirements of sections 260.500 to 260.550 and rules promulgated by the department pursuant thereto.  If such failure is willful, the person shall, in addition, be liable for punitive damages not to exceed triple the cleanup costs incurred by the state.  Prompt and good faith notification to the director by the person having control over a hazardous substance that such person does not have the resources or managerial capability to begin or continue cleanup activities, or a good faith effort to clean up, relieves the person of liability for punitive damages, but not for actual cleanup costs.  The director shall keep a record of all expenses incurred in carrying out any project or activity authorized by sections 260.500 to 260.550.

  2.  A person otherwise liable under the provisions of sections 260.500 to 260.550 is not liable if he demonstrates that the hazardous substance emergency occurred as the result of an act of God, an act of war, an act of the state of Missouri or the United States or solely the act of a third party.  For the purposes of sections 260.500 to 260.550, no employee, agent of, or independent contractor employed by a person otherwise liable shall be considered a third party.

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(L. 1983 H.B. 528)

Effective 6-27-83

(1994)  Missouri hazardous substance emergency statute does not create a private cause of action.  Purchaser of land had no cause of action against vendor for recovery of costs of cleanup.  Only state has cause of action for clean-up costs under statute.  Yellow Freight System, Inc. v. ACF Industries, Inc. 882 S.W.2d 225 (Mo. App.  E.D.).


---- end of effective   27 Jun 1983 ----

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