State Codes and Statutes
Statutes > Missouri > T16 > C260 > 260_530Cleanup costs, liability--failure to comply, damages,exceptions--records of expense to be kept.
260.530. 1. Any person having control over a hazardoussubstance shall be strictly liable to the state of Missouri forthe reasonable cleanup costs incurred by the state as a resultof the failure of such person to clean up a hazardous substanceinvolved in a hazardous substance emergency in accordance withthe requirements of sections 260.500 to 260.550 and rulespromulgated by the department pursuant thereto. If such failureis willful, the person shall, in addition, be liable forpunitive damages not to exceed triple the cleanup costs incurredby the state. Prompt and good faith notification to thedirector by the person having control over a hazardous substancethat such person does not have the resources or managerialcapability to begin or continue cleanup activities, or a goodfaith effort to clean up, relieves the person of liability forpunitive damages, but not for actual cleanup costs. Thedirector shall keep a record of all expenses incurred incarrying out any project or activity authorized by sections260.500 to 260.550.
2. A person otherwise liable under the provisions ofsections 260.500 to 260.550 is not liable if he demonstratesthat the hazardous substance emergency occurred as the result ofan act of God, an act of war, an act of the state of Missouri orthe United States or solely the act of a third party. For thepurposes of sections 260.500 to 260.550, no employee, agent of,or independent contractor employed by a person otherwise liableshall be considered a third party.
(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.).
