Title XVI, CONSERVATION, RESOURCES AND DEVELOPMENT

260.003. All licenses, permits or grants of authority by department must be in compliance with local area's zoning, building, health codes or ordinances, procedure to determine compliance. — Notwithstanding any provision of this chapter, the department of natural resources shall …

260.005. Definitions. — As used in sections 260.005 to 260.125, the following words and terms mean: (1) "Authority", the state environmental improvement and energy resources authority created by sections 260.005 to 260.125; (2) "Bonds", bonds issued by the authority pursuant to t…

260.010. Authority created. — There is hereby created and established as a governmental instrumentality of the state of Missouri, the "State Environmental Improvement and Energy Resources Authority", which shall constitute a body corporate and politic. ­­-------- (L. 1972 H.B. 10…

260.015. Purpose of authority. — The authority is authorized to provide for the conservation of the air, land and water resources of the state by the prevention or reduction of the pollution thereof and proper methods of disposal of solid waste or sewage and to provide for the fu…

260.020. Membership of authority, appointed how, terms, quorum. — The authority shall consist of five members appointed by the governor, by and with the consent of the senate. A member's authority to act shall commence upon receiving the advice and consent of the senate, if the s…

260.025. Officers, how selected. — The authority shall elect one of its members as chairman and another as vice chairman and shall appoint a secretary and a treasurer, which offices may be combined, and who need not be members of the authority. ­­-------- (L. 1972 H.B. 1041 § 5) …

260.030. Compensation and expenses. — Each member of the authority shall be entitled to compensation of twenty-five dollars per diem, plus their reasonable and necessary expenses actually incurred in discharging their duties under the provisions of sections 260.005 to 260.090. ­­…

260.035. Powers of authority — authority employee membership in state employees' retirement system. — 1. The authority is hereby granted and may exercise all powers necessary or appropriate to carry out and effectuate its purposes pursuant to the provisions of sections 260.005 to…

260.040. Revenue bonds, issued when — sale, limitations — procedure — rate. — The authority may at any time issue revenue bonds for the purpose of paying any part of the cost of any project or part thereof. Every issue of its bonds shall be payable out of the revenues of the auth…

260.045. Notes issued when, how sold. — The authority may issue notes payable from the proceeds of bonds to be issued in the future or from such other sources as the authority may specify as in the case of bonds. Such notes shall mature in not more than five years and shall be so…

260.050. Renewal notes or refunding bonds issued when. — The authority may from time to time issue renewal notes or refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partially to refund bonds then ou…

260.055. Resolution authorizing notes or bonds, contents of. — Any resolution authorizing any notes or bonds may contain such provisions, covenants and agreements subject to any provisions, covenants and agreements with the holders of bonds or notes then outstanding as the author…

260.060. Resolution may provide for trust agreements. — A resolution of the authority authorizing the issuance of any notes or bonds or any issue thereof may provide that such notes or bonds shall be secured by a trust agreement between the authority and a corporate trustee, vest…

260.065. Notes and bonds not an indebtedness of the state. — Notes and bonds issued hereunder shall not constitute an indebtedness of the state and the state shall not be liable on such bonds and notes and the form of such bonds and notes shall contain a statement to such effect.…

260.070. Notes and bonds approved as investments — who may invest. — The notes and bonds of the authority are securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other per…

260.075. Projects subject to taxation — notes, bonds and their income tax free, exceptions. — Projects acquired, constructed, reconstructed, enlarged, improved, furnished, equipped, maintained, repaired, operated, leased, financed or sold by the authority pursuant to sections 260…

260.080. Funds of authority not to be distributed to members or private persons, except for compensation for services. — No part of the funds of the authority shall inure to the benefit of or be distributable to its members or other private persons except that the authority is au…

260.085. Termination or dissolution, property to pass to state. — Upon termination or dissolution, all rights and properties of the authority shall pass to and be vested in the state of Missouri, subject to the rights of noteholders, bondholders, and other creditors. ­­-------- (…

260.090. Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research. — On or before the first Wednesday after the first Monday in January of each year, if the state environme…

260.095. Contracts between authority and political subdivisions, purpose. — Any municipality, public body, political subdivision or municipal corporation may enter into leases, contracts, releases, compromises and loan agreements with the authority for the purpose of developing e…

260.100. Authority member not personally liable on notes or bonds issued. — No member of the state environmental improvement and energy resources authority or any authorized person executing any notes or bonds authorized under sections 260.005 to 260.125 shall be liable personall…

260.1000. Citation of law. — Sections 260.1000 to 260.1039 shall be cited as the "Missouri Environmental Covenants Act". ­­-------- (L. 2007 S.B. 54) Effective 1-01-08

260.1003. Definitions. — As used in sections 260.1000 to 260.1039, the following terms shall mean: (1) "Activity and use limitations", restrictions or obligations with respect to real property created under sections 260.1000 to 260.1039; (2) "Common interest community", a condomi…

260.1006. Holder of an environmental covenant — department bound by covenant — rules for interests in real property. — 1. Any person, including a person that owns an interest in the real property, the department, or a municipality or other unit of local government, may be a holde…

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…

260.1012. Enforceability of covenants, criteria. — 1. An environmental covenant that complies with sections 260.1000 to 260.1039 runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest…

260.1015. Use of real property subject to zoning laws and recorded instruments. — Sections 260.1000 to 260.1039 shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 260.1000 to 260.1039 regulating use of real property, or b…

260.1018. Copy of covenant to be provided, to whom. — 1. A copy of an environmental covenant shall be provided by the persons and in the manner required by the department to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real propert…

260.1021. Recording of a covenant, procedure. — 1. An environmental covenant and any amendment or termination of the covenant shall be recorded in every county or city not within a county in which any portion of the real property subject to the covenant is located. For purposes o…

260.1024. Covenants are perpetual, exceptions — department may terminate covenants, when. — 1. An environmental covenant is perpetual unless it is: (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent unde…

260.1027. Amendment or termination of a covenant, requirements — interest in property not affected by amendment. — 1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The department; (2) Unless this requireme…

260.1030. Civil action may be maintained, when — department to maintain regulatory authority. — 1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The department; (3) Any per…

260.1033. Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. — 1. The department shall establish an activity and use limitation information system and ensure that it is maintained, that p…

260.1036. Inapplicability to storage tanks. — Sections 260.1000 to 260.1039 shall not apply to aboveground or underground storage tanks as defined in section 319.100. ­­-------- (L. 2007 S.B. 54) Effective 1-01-08

260.1039. Effect of act on certain federal laws. — As authorized in 15 U.S.C. 7002, as amended, sections 260.1000 to 260.1039 modify, limit, or supersede* the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, li…

260.1092. Federal law may preempt, when. — 1. If federal law establishes a national program for the collection and recycling of equipment and the department determines that the federal law substantially meets the purposes of sections 260.1050 to 260.1101, the department may adopt…

260.110. Statutory conflicts, which prevails. — The provisions of sections 260.005 to 260.125 shall prevail in the case of any conflict between sections 260.005 to 260.125 and any other provision of law, but any powers, duties and functions granted under the provisions of section…

260.115. Loans for energy resource development, requirements — fee charged, when — deposit in and use of energy resources insured loan fund. — 1. All loans authorized under section 260.035 for the development of energy resources shall be made only upon determination by the author…

260.1150. Citation of law — public benefit nonprofit corporation, purpose — powers — board, members — immunity from liability. (Iron, Jefferson, Madison, Reynolds, St. Francois, Washington and Wayne counties) — 1. This section shall be known and may be cited as the "Environmental…

260.120. Interest rate on loans. — 1. The authority may set, from time to time, the interest rates at which it shall make loans, keeping its interest rates at the lowest level consistent with its cost of operation and its responsibilities to the holders of its bonds, bond anticip…

260.125. Severability. — 1. If any provision of sections 260.005 to 260.125 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of sections 260.005 to 260.125 are valid unless the court finds the valid provisions of the statute are so es…

260.200. Definitions. — 1. The following words and phrases when used in sections 260.200 to 260.345 shall mean: (1) "Advanced recycling", a set of manufacturing processes for the conversion of recovered post-use polymers such as plastics into plastic and chemical feedstocks, raw …

260.203. Infectious waste, treatment of — hospitals, department of health and senior services to promulgate rules — transportation of — registration of hospitals — proper disposal, penalty — fee on delivery, exceptions — inspection fee, amount, fund, refund of, when. — 1. Any inf…

260.204. Permit for treatment of infectious waste, not to be issued, when. — No person shall be issued a permit to operate a facility for the treatment of infectious waste who in 1987 received a clean air permit and thereafter operated a facility for the treatment of infectious w…

260.205. Permit required to operate facility, and construction permit to construct facility, requirements, exceptions, fees — plans to be submitted — permits revoked or suspended, when — disclosure statement, requirements — inapplicability to advanced recycling facilities, when. …

260.206. Owner or operator shall provide quality assurance and quality control oversight of inspections during area closure, postclosure and corrective action plans, requirements — department may suspend, revoke or modify permit. — 1. The owner or operator of a solid waste dispos…

260.207. Permit not to be issued, when — notice to department of certain crimes, penalty for failure to notify — reinstatement, when. — 1. The department of natural resources shall not issue a permit to any person for the operation of any solid waste processing facility or solid …

260.208. Contracts with specified parties prohibited, when — notice of certain convictions required, penalty. — No city, county, district, authority or other political subdivision of this state shall enter into a contract or other arrangement for solid waste management services w…

260.209. Property acquired outside city, county or district for solid waste disposal, compliance with zoning ordinances required. — 1. Any district, city or county that acquires real or personal property in another incorporated city or in an unincorporated area of a county, by co…

260.210. Prohibited acts, exception — search warrants to issue, when — investigations, department may conduct, how — demolition waste, disposal of, requirements — building permits, notice of disposal of demolition waste required, form — exceptions — exceptions for Kansas City. — …