Missouri Revised Statutes Title XXIX. Ownership and Conveyance of Property § 447.714. Hazardous substances on property, duties of purchaser--department of natural resources, duties

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

(2) Issue a letter requiring no further action from a purchaser who has performed voluntary remediation action, as part of an eligible project, pursuant to the requirements of sections 260.565 to 260.575, the purchaser certifies to the department of natural resources that the goals of 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 hazardous substances present to levels below regulatory action levels due to use of alternative clean-up goals, risk reduction solutions, institutional controls, including, but not limited to, use restrictions contained in the deed or other alternative actions. The department of natural resources shall not issue a no further action letter unless the voluntary remediation activities significantly restore, in whole or in part, the environment so as to minimize the harmful effects from a release of a hazardous substance to acceptable risk levels;

(3) Provide a covenant not to sue to a purchaser who has performed voluntary remediation action, as part of an eligible project, pursuant to the requirements of sections 260.565 to 260.575, the purchaser certifies to the department of natural resources that the remediation goals have been attained, attainment of the remediation goals is verified by the department and, when completed, the voluntary remediation has treated all hazardous substances of concern to levels below then existing regulatory action levels; or

(4) To receive a covenant not to sue from the department of natural resources, the corrective action plan must be submitted for public comment and a public hearing must be held by the department after not less than thirty days' notice to determine the effectiveness of the remedy for the intended use of the eligible project. The public hearing shall be held in a community where the eligible project is located.

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

(2) Contamination or violations caused or contributed to by the purchaser after acquiring the abandoned property; except that, this shall not include contamination existing prior to acquisition of the abandoned property or releases of those prior existing contaminants occurring in the course of performing the voluntary remediation activities; and

(3) Unknown hazardous substance contamination or conditions at the time of performance of the eligible project, including the voluntary remediation activities.