260.1003. Definitions.

380 words·~2 min read·/mo/chapter-260/260-1003

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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 condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;

(3)"Department" , the Missouri department of natural resources or any other state or federal department that determines or approves the environmental response project under which the environmental covenant is created;

(4)"Environmental covenant" , a servitude arising under an environmental response project that imposes activity and use limitations;

(5)"Environmental response project" , a plan or work performed for environmental remediation of real property and conducted:

(a)Under a federal or state program governing environmental remediation of real property, including but not limited to the Missouri hazardous waste management law as specified in this chapter;

(b)Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the department; or

(c)Under a state voluntary cleanup program authorized in the Missouri hazardous waste management law as specified in this chapter.

"Environmental response project" shall not include plans or work performed for environmental remediation of releases from aboveground storage tanks or underground storage tanks as defined in section 319.100 ;

(6)"Holder" , the grantee of an environmental covenant as specified in section 260.1006 ;

(7)"Person" , an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, department, or instrumentality, or any other legal or commercial entity;

(8)"Record" , information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(9)"State" , a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

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(L. 2007 S.B. 54, A.L. 2008 S.B. 907)