447.714. Hazardous substances on property, duties of purchaser--department of natural resources, duties. - Missouri Statutes

Hazardous substances on property, duties of purchaser--department ofnatural resources, duties.

447.714. 1. For any eligible project, the purchaser of the abandonedproperty shall be released from further liability to the extent describedin subsection 2 of this section based upon the voluntary remediation workactually performed and consistent with the level of risk to human healthand the environment remaining after performance of the voluntaryremediation activities to remedy the existence of hazardous substances onthe property, the release of which occurred prior to the date ofacquisition.

2. For any eligible project, the department of natural resourcesshall:

(1) Issue a letter requiring no further action from a purchaser whohas performed a Phase I and Phase II environmental site assessments, asdefined at 10 C.S.R. 25-15.010 (2)(A)7 and 8, which demonstrate that noremedial action is necessary to protect the public health and welfare andthe environment;

(2) Issue a letter requiring no further action from a purchaser whohas performed voluntary remediation action, as part of an eligible project,pursuant to the requirements of sections 260.565 to 260.575, RSMo, thepurchaser certifies to the department of natural resources that the goalsof the purchaser's voluntary remediation plan have been attained,attainment of the remediation plan goals is verified by the department and,when completed, the voluntary remediation does not treat all hazardoussubstances present to levels below regulatory action levels due to use ofalternative clean-up goals, risk reduction solutions, institutionalcontrols, including, but not limited to, use restrictions contained in thedeed or other alternative actions. The department of natural resourcesshall not issue a no further action letter unless the voluntary remediationactivities significantly restore, in whole or in part, the environment soas to minimize the harmful effects from a release of a hazardous substanceto acceptable risk levels;

(3) Provide a covenant not to sue to a purchaser who has performedvoluntary remediation action, as part of an eligible project, pursuant tothe requirements of sections 260.565 to 260.575, RSMo, the purchasercertifies to the department of natural resources that the remediation goalshave been attained, attainment of the remediation goals is verified by thedepartment and, when completed, the voluntary remediation has treated allhazardous substances of concern to levels below then existing regulatoryaction levels; or

(4) To receive a covenant not to sue from the department of naturalresources, the corrective action plan must be submitted for public commentand a public hearing must be held by the department after not less thanthirty days' notice to determine the effectiveness of the remedy for theintended use of the eligible project. The public hearing shall be held ina community where the eligible project is located.

3. Upon successful completion of a voluntary remediation action, aspart of an eligible project, the purchaser shall be immune from liabilityin a civil action brought by any third party to recover clean-up costs,response costs or other legal or equitable damages, including costs ofrestitution. Such immunity shall not apply to the failure to remediatehazardous substances in accordance with the voluntary remediation actionsite plan, statutes and regulations or the failure to operate the facilityin compliance with applicable federal, state and local environmentalstatutes, regulations and ordinances.

4. The department of natural resources shall not release thepurchaser for liability arising from, or associated with:

(1) Conditions not identified or addressed in the voluntaryremediation action work;

(2) Contamination or violations caused or contributed to by thepurchaser after acquiring the abandoned property; except that, this shallnot include contamination existing prior to acquisition of the abandonedproperty or releases of those prior existing contaminants occurring in thecourse of performing the voluntary remediation activities; and

(3) Unknown hazardous substance contamination or conditions at thetime of performance of the eligible project, including the voluntaryremediation activities.

(L. 1995 H.B. 414)