260.470. Recording of sites, placed on or removed from registry--removal procedure. - Missouri Statutes

Recording of sites, placed on or removed from registry--removalprocedure.

260.470. 1. When the director places a site on the registry asprovided in section 260.440, and after the resolution of any appeal undersection 260.455, he shall file with the county recorder of deeds the periodduring which the site was used as a hazardous waste disposal area. Whenthe director finds that a site on the registry has been properly closedunder subdivision (5) of subsection 3 of section 260.445 with no evidenceof potential adverse impact, he shall file this finding with the countyrecorder of deeds. The county recorder of deeds shall file thisinformation so that any purchaser will be given notice that the site hasbeen placed on, or removed from, the registry.

2. Any owner of a registry site may petition the department to removethe site from the registry provided that:

(1) Corrective actions have addressed the contamination at the sitein accordance with a department-approved risk-based corrective action plan;

(2) The department has issued a letter indicating that no furtheractions are required to address current risk from contaminants for thesite; and

(3) An environmental covenant for the property that meets therequirements of sections 260.1000 to 260.1039 has been filed with thecounty recorder of deeds.

3. The department shall approve such a request unless the departmentdetermines that removal from the registry would result in significantcurrent or future risk of harm to human health, public welfare, or theenvironment. In making such a determination, the department shall providea written justification that considers the amount, toxicity, andpersistence of any contaminants left in place and the stability of currentsite conditions. Any denial under this subsection may be appealed to thecommission in the manner provided in section 260.460.

(L. 1983 H.B. 528, A.L. 2007 S.B. 54)

Effective 1-01-08