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…

*260.1050. Citation of act. — Sections 260.1050 to 260.1101 may be cited as the "Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act". ­­-------- (L. 2008 S.B. 720) *Contingent expiration date, see § 260.1092

*260.1053. Definitions. — As used in sections 260.1050 to 260.1101, the following terms mean: (1) "Brand", the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product; (2) "Computer materials", a desktop or notebook …

*260.1059. Applicability of act — exceptions. — 1. The collection, recycling, and reuse provisions of sections 260.1050 to 260.1101 apply to equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a s…

*260.1062. Recovery plan required, contents — use of existing infrastructure permitted — report required. — 1. Before a manufacturer may offer equipment for sale in this state, the manufacturer shall: (1) Adopt and implement a recovery plan; (2) Submit a written copy of the recov…

*260.1065. Labeling requirements for sale of new equipment. — 1. A person who is a retailer of equipment shall not sell or offer to sell new equipment in this state unless the equipment is labeled with the manufacturer's label and the manufacturer is included on the department's …

*260.1068. Information on computer materials, immunity from liability, when. — 1. A manufacturer or retailer of equipment is not liable in any way for information in any form that a consumer leaves on computer materials that are collected, recycled, or reused under sections 260.1…

*260.1071. Department to educate consumers — internet site required. — 1. The department shall educate consumers regarding the collection, recycling, and reuse of equipment. 2. The department shall host or designate another person to host an internet site providing consumers with…

*260.1074. Audits and inspections by department permitted — enforcement of act — warning notices — penalties may be assessed, subaccount created. — 1. The department may conduct audits and inspections to determine compliance with sections 260.1050 to 260.1101. 2. The department a…

*260.1077. Financial and proprietary information not a public record. — Financial or proprietary information submitted to the department under sections 260.1050 to 260.1101 shall not be considered a public record under chapter 610. ­­-------- (L. 2008 S.B. 720) *Contingent expira…

*260.1080. Report to legislative committees. — The department shall compile information from manufacturers and issue an electronic report to the committee in each house of the general assembly having primary jurisdiction over environmental matters not later than March first of ea…

*260.1083. Fee not authorized, when. — Sections 260.1050 to 260.1101 do not authorize the department to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses equipment. ­­-------- (L. 2008 S.B. 720) *C…

*260.1089. Recycling and reuse, compliance with federal, state and local law required — rulemaking authority. — 1. All equipment collected under sections 260.1050 to 260.1101 shall be recycled or reused in a manner that complies with federal, state, and local law. 2. The departme…

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…

*260.1101. Rulemaking authority. — 1. The department shall adopt any rules required to implement sections 260.1050 to 260.1101 not later than July 1, 2009. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in …