447.712. Tort immunity.

MISSOURI STATUTES AND CODES

Tort immunity.

447.712. 1. As used in this section, the following terms shall mean:

(1) "Harm", injury, damage, restitution, death or loss to persons orproperty, including equitable damages or injunctive relief, caused by orarising out of exposure to a hazardous substance or petroleum at thelocation of the eligible project, but shall not include harms arising fromother causes even if the harm occurs on the remediation site;

(2) "Tort action", a civil action for harm, as defined in thissubsection, including an action for recovery for costs of conducting avoluntary remediation as part of a qualified eligible project, but does notinclude a civil action for damages for a breach of contract or anotheragreement between a government agency and one or more persons, or forbreach of an express warranty contained in such agreement.

2. A government agency, as that term is used in sections 447.700 to447.718, and any officer or employee thereof and the prospective purchaserare immune from liability and are not liable in a tort action resultingfrom, or arising out of, performance of an eligible project, including harminflicted in the performance of any voluntary remediation associated withthe eligible project. This immunity shall extend to acts, and failures toact, of the governmental agency and its officers and employees which arerequired by law or authorized by law as necessary or essential to theexercise of the powers and duties described in sections 447.700 to 447.718.This immunity shall also include the actions or failures to act which werewithin the discretion of an officer or employee of the government agencywith respect to policy-making, planning, implementation or enforcementresponsibilities under sections 447.700 to 447.718. This immunity of thegovernment agency and its employees and the prospective purchaser shallalso include any actions and failures to act by the project contractors,subcontractors, suppliers or materialmen as it may apply to performance ofthe voluntary remediation. The tort immunity described in this subsectionshall cease upon issuance by the department of natural resources of writtenapproval of the completed voluntary remediation.

3. The immunity described in subsection 2 of this section shall notapply to acts or failures to act of a government agency or its officers andemployees which were:

(1) Manifestly outside the scope of employment, duties orresponsibilities; or

(2) Committed maliciously, in bad faith, or in a wanton and recklessmanner.

4. No state, county or municipal government or any agency, officer oremployee thereof shall be liable in tort or under the state's environmentallaws for the ownership of real or personal property acquired by foreclosureupon or acceptance of a deed in lieu of foreclosure pursuant to a defaultedloan issued under section 447.702 or repurchase and reversion of theproperty to the original governmental agency owner under subsection 6 ofsection 447.704, provided the agency did not directly cause or contributeto the cause of the new contamination. Such state, county or municipalgovernments or agencies thereof shall receive the creditor protectionsafforded financial institutions under sections 427.011 to 427.041, RSMo.