Activity and use information system to be established,purpose--categories of sites--recording of amendments ortermination, procedure, form.
260.1033. 1. The department shall establish an activity and uselimitation information system and ensure that it is maintained, thatprovides readily accessible information on sites with known contamination,and records the creation, amendment, and termination of covenants. Theactivity and use limitation information system shall distinguish clearlybetween three categories of sites contaminated with hazardous substancecontamination:
(1) Sites where no investigation or remedial action has beenperformed, or where remedial actions are in progress but are not complete;
(2) Sites where remedial action has been taken to address known risksto human health, public welfare, and the environment and the site issuitable for certain land uses and the department has issued a letterindicating that the site is suitable for certain land uses and that furtherinvestigation and remedial action is not required;
(3) Sites where previous concerns about contamination should nolonger be an issue because of removal of waste and contamination orinvestigation results that demonstrate that contamination is now belowlevels considered suitable for unrestricted use.
2. After an environmental covenant or an amendment or termination ofa covenant is filed in the information system established under subsection1 of this section, a notice of the covenant, amendment, or termination thatcomplies with this section may be recorded in the land records in lieu ofrecording the entire covenant. Any such notice shall contain:
(1) A legally sufficient description and any available street addressof the real property subject to the covenant;
(2) The name and address of the owner of the fee simple interest inthe real property, the department, and the holder if other than thedepartment;
(3) A statement that the covenant, amendment, or termination isavailable in an information system at the department, which discloses themethod of any electronic access; and
(4) A statement that the notice is notification of an environmentalcovenant executed under sections 260.1000 to 260.1039.
3. A statement in substantially the following form, executed with thesame formalities as a deed in this state, satisfies the requirements ofsubsection 2 of this section:
"1. This notice is filed in the land records of the......................................... (political subdivision) of...................................... (insert name of jurisdiction inwhich the real property is located) under Sections 260.1000 to 260.1039,RSMo.
2. This notice and the covenant, amendment or termination to which itrefers may impose significant obligations with respect to the propertydescribed below.
3. A legal description of the property is attached as Exhibit A tothis notice. The address of the property that is subject to theenvironmental covenant is ............................................(insert address of property) (not available).
4. The name and address of the owner of the fee simple interest inthe real property on the date of this notice is .............. (insert nameof current owner of the property and the owner's current address as shownon 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 thedepartment).
6. The environmental covenant, amendment, or termination was filed inthe information system on ............................... (insert date offiling).
7. The full text of the covenant, amendment or termination and anyother information required by the department is on file and available forinspection and copying in the information system maintained for thatpurpose by the department at ........................................(insert address and room of building in which the information system ismaintained). The covenant, amendment or termination may be foundelectronically at ......................................... (insertInternet address for covenant)."
Activity and use information system to be established,purpose--categories of sites--recording of amendments ortermination, procedure, form.
260.1033. 1. The department shall establish an activity and uselimitation information system and ensure that it is maintained, thatprovides readily accessible information on sites with known contamination,and records the creation, amendment, and termination of covenants. Theactivity and use limitation information system shall distinguish clearlybetween three categories of sites contaminated with hazardous substancecontamination:
(1) Sites where no investigation or remedial action has beenperformed, or where remedial actions are in progress but are not complete;
(2) Sites where remedial action has been taken to address known risksto human health, public welfare, and the environment and the site issuitable for certain land uses and the department has issued a letterindicating that the site is suitable for certain land uses and that furtherinvestigation and remedial action is not required;
(3) Sites where previous concerns about contamination should nolonger be an issue because of removal of waste and contamination orinvestigation results that demonstrate that contamination is now belowlevels considered suitable for unrestricted use.
2. After an environmental covenant or an amendment or termination ofa covenant is filed in the information system established under subsection1 of this section, a notice of the covenant, amendment, or termination thatcomplies with this section may be recorded in the land records in lieu ofrecording the entire covenant. Any such notice shall contain:
(1) A legally sufficient description and any available street addressof the real property subject to the covenant;
(2) The name and address of the owner of the fee simple interest inthe real property, the department, and the holder if other than thedepartment;
(3) A statement that the covenant, amendment, or termination isavailable in an information system at the department, which discloses themethod of any electronic access; and
(4) A statement that the notice is notification of an environmentalcovenant executed under sections 260.1000 to 260.1039.
3. A statement in substantially the following form, executed with thesame formalities as a deed in this state, satisfies the requirements ofsubsection 2 of this section:
"1. This notice is filed in the land records of the......................................... (political subdivision) of...................................... (insert name of jurisdiction inwhich the real property is located) under Sections 260.1000 to 260.1039,RSMo.
2. This notice and the covenant, amendment or termination to which itrefers may impose significant obligations with respect to the propertydescribed below.
3. A legal description of the property is attached as Exhibit A tothis notice. The address of the property that is subject to theenvironmental covenant is ............................................(insert address of property) (not available).
4. The name and address of the owner of the fee simple interest inthe real property on the date of this notice is .............. (insert nameof current owner of the property and the owner's current address as shownon 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 thedepartment).
6. The environmental covenant, amendment, or termination was filed inthe information system on ............................... (insert date offiling).
7. The full text of the covenant, amendment or termination and anyother information required by the department is on file and available forinspection and copying in the information system maintained for thatpurpose by the department at ........................................(insert address and room of building in which the information system ismaintained). The covenant, amendment or termination may be foundelectronically at ......................................... (insertInternet address for covenant)."
Activity and use information system to be established,purpose--categories of sites--recording of amendments ortermination, procedure, form.
260.1033. 1. The department shall establish an activity and uselimitation information system and ensure that it is maintained, thatprovides readily accessible information on sites with known contamination,and records the creation, amendment, and termination of covenants. Theactivity and use limitation information system shall distinguish clearlybetween three categories of sites contaminated with hazardous substancecontamination:
(1) Sites where no investigation or remedial action has beenperformed, or where remedial actions are in progress but are not complete;
(2) Sites where remedial action has been taken to address known risksto human health, public welfare, and the environment and the site issuitable for certain land uses and the department has issued a letterindicating that the site is suitable for certain land uses and that furtherinvestigation and remedial action is not required;
(3) Sites where previous concerns about contamination should nolonger be an issue because of removal of waste and contamination orinvestigation results that demonstrate that contamination is now belowlevels considered suitable for unrestricted use.
2. After an environmental covenant or an amendment or termination ofa covenant is filed in the information system established under subsection1 of this section, a notice of the covenant, amendment, or termination thatcomplies with this section may be recorded in the land records in lieu ofrecording the entire covenant. Any such notice shall contain:
(1) A legally sufficient description and any available street addressof the real property subject to the covenant;
(2) The name and address of the owner of the fee simple interest inthe real property, the department, and the holder if other than thedepartment;
(3) A statement that the covenant, amendment, or termination isavailable in an information system at the department, which discloses themethod of any electronic access; and
(4) A statement that the notice is notification of an environmentalcovenant executed under sections 260.1000 to 260.1039.
3. A statement in substantially the following form, executed with thesame formalities as a deed in this state, satisfies the requirements ofsubsection 2 of this section:
"1. This notice is filed in the land records of the......................................... (political subdivision) of...................................... (insert name of jurisdiction inwhich the real property is located) under Sections 260.1000 to 260.1039,RSMo.
2. This notice and the covenant, amendment or termination to which itrefers may impose significant obligations with respect to the propertydescribed below.
3. A legal description of the property is attached as Exhibit A tothis notice. The address of the property that is subject to theenvironmental covenant is ............................................(insert address of property) (not available).
4. The name and address of the owner of the fee simple interest inthe real property on the date of this notice is .............. (insert nameof current owner of the property and the owner's current address as shownon 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 thedepartment).
6. The environmental covenant, amendment, or termination was filed inthe information system on ............................... (insert date offiling).
7. The full text of the covenant, amendment or termination and anyother information required by the department is on file and available forinspection and copying in the information system maintained for thatpurpose by the department at ........................................(insert address and room of building in which the information system ismaintained). The covenant, amendment or termination may be foundelectronically at ......................................... (insertInternet address for covenant)."
