State immunity from liability due to corrective action--private actionagainst dry-cleaning facility not prohibited--corrective actionnot to be compelled at eligible dry-cleaning facilities--directorapproval of plans, when.
260.930. 1. Neither the state of Missouri, the fund, the commission,the director nor the department or agent or employees thereof shall be liablefor loss of business, damages or taking of property associated with anycorrective action taken pursuant to sections 260.900 to 260.960.
2. Nothing in sections 260.900 to 260.960 shall establish or create anyliability or responsibility on the part of the commission, the director, thedepartment or the state of Missouri, or agents or employees thereof, to payany corrective action costs from any source other than the fund or to takecorrective action if the moneys in the fund are insufficient to do so.
3. Nothing in sections 260.900 to 260.960 shall be construed to abrogateor limit any right, remedy, causes of action, or claim by any personsustaining personal injury or property damage as a result of any release froma dry-cleaning facility, nor shall anything in sections 260.900 to 260.960 beconstrued to abrogate or limit any liability of any person in any wayresponsible for any release from a dry-cleaning facility or any damages forpersonal injury or property damages caused by such a release.
4. Moneys in the fund shall not be used for compensating third partiesfor bodily injury or property damage caused by a release from a dry-cleaningfacility, other than property damage included in the corrective action planapproved by the director.
5. To the extent that an operator, owner or other person is eligiblepursuant to the provisions of sections 260.900 to 260.960 to have correctiveaction costs paid by the fund, no administrative or judicial claim may be madeunder state law against any such operator, owner or other person by or onbehalf of a state or local government or by any person to either compelcorrective action at the dry-cleaning facility site or seek recovery of thecosts of corrective action at the dry-cleaning facility which result from therelease of dry-cleaning solvents from that dry-cleaning facility or to compelcorrective action or seek recovery of the costs of corrective action whichresult from the release of dry-cleaning solvents from a dry-cleaning facility. The provisions of this subsection shall apply to any dry-cleaning facility ordry-cleaning facility site which has been included in a corrective action planapproved by the director. The director shall only approve a corrective actionplan after making a determination that a sufficient balance in the fund existsto implement the plan. No administrative or judicial claim may be made unlessthe director has rejected the corrective action plan submitted pursuant tosection 260.925.
State immunity from liability due to corrective action--private actionagainst dry-cleaning facility not prohibited--corrective actionnot to be compelled at eligible dry-cleaning facilities--directorapproval of plans, when.
260.930. 1. Neither the state of Missouri, the fund, the commission,the director nor the department or agent or employees thereof shall be liablefor loss of business, damages or taking of property associated with anycorrective action taken pursuant to sections 260.900 to 260.960.
2. Nothing in sections 260.900 to 260.960 shall establish or create anyliability or responsibility on the part of the commission, the director, thedepartment or the state of Missouri, or agents or employees thereof, to payany corrective action costs from any source other than the fund or to takecorrective action if the moneys in the fund are insufficient to do so.
3. Nothing in sections 260.900 to 260.960 shall be construed to abrogateor limit any right, remedy, causes of action, or claim by any personsustaining personal injury or property damage as a result of any release froma dry-cleaning facility, nor shall anything in sections 260.900 to 260.960 beconstrued to abrogate or limit any liability of any person in any wayresponsible for any release from a dry-cleaning facility or any damages forpersonal injury or property damages caused by such a release.
4. Moneys in the fund shall not be used for compensating third partiesfor bodily injury or property damage caused by a release from a dry-cleaningfacility, other than property damage included in the corrective action planapproved by the director.
5. To the extent that an operator, owner or other person is eligiblepursuant to the provisions of sections 260.900 to 260.960 to have correctiveaction costs paid by the fund, no administrative or judicial claim may be madeunder state law against any such operator, owner or other person by or onbehalf of a state or local government or by any person to either compelcorrective action at the dry-cleaning facility site or seek recovery of thecosts of corrective action at the dry-cleaning facility which result from therelease of dry-cleaning solvents from that dry-cleaning facility or to compelcorrective action or seek recovery of the costs of corrective action whichresult from the release of dry-cleaning solvents from a dry-cleaning facility. The provisions of this subsection shall apply to any dry-cleaning facility ordry-cleaning facility site which has been included in a corrective action planapproved by the director. The director shall only approve a corrective actionplan after making a determination that a sufficient balance in the fund existsto implement the plan. No administrative or judicial claim may be made unlessthe director has rejected the corrective action plan submitted pursuant tosection 260.925.
State immunity from liability due to corrective action--private actionagainst dry-cleaning facility not prohibited--corrective actionnot to be compelled at eligible dry-cleaning facilities--directorapproval of plans, when.
260.930. 1. Neither the state of Missouri, the fund, the commission,the director nor the department or agent or employees thereof shall be liablefor loss of business, damages or taking of property associated with anycorrective action taken pursuant to sections 260.900 to 260.960.
2. Nothing in sections 260.900 to 260.960 shall establish or create anyliability or responsibility on the part of the commission, the director, thedepartment or the state of Missouri, or agents or employees thereof, to payany corrective action costs from any source other than the fund or to takecorrective action if the moneys in the fund are insufficient to do so.
3. Nothing in sections 260.900 to 260.960 shall be construed to abrogateor limit any right, remedy, causes of action, or claim by any personsustaining personal injury or property damage as a result of any release froma dry-cleaning facility, nor shall anything in sections 260.900 to 260.960 beconstrued to abrogate or limit any liability of any person in any wayresponsible for any release from a dry-cleaning facility or any damages forpersonal injury or property damages caused by such a release.
4. Moneys in the fund shall not be used for compensating third partiesfor bodily injury or property damage caused by a release from a dry-cleaningfacility, other than property damage included in the corrective action planapproved by the director.
5. To the extent that an operator, owner or other person is eligiblepursuant to the provisions of sections 260.900 to 260.960 to have correctiveaction costs paid by the fund, no administrative or judicial claim may be madeunder state law against any such operator, owner or other person by or onbehalf of a state or local government or by any person to either compelcorrective action at the dry-cleaning facility site or seek recovery of thecosts of corrective action at the dry-cleaning facility which result from therelease of dry-cleaning solvents from that dry-cleaning facility or to compelcorrective action or seek recovery of the costs of corrective action whichresult from the release of dry-cleaning solvents from a dry-cleaning facility. The provisions of this subsection shall apply to any dry-cleaning facility ordry-cleaning facility site which has been included in a corrective action planapproved by the director. The director shall only approve a corrective actionplan after making a determination that a sufficient balance in the fund existsto implement the plan. No administrative or judicial claim may be made unlessthe director has rejected the corrective action plan submitted pursuant tosection 260.925.
