260.1003. Definitions.

Definitions.

260.1003. As used in sections 260.1000 to 260.1039, the followingterms shall mean:

(1) "Activity and use limitations", restrictions or obligations withrespect to real property created under sections 260.1000 to 260.1039;

(2) "Common interest community", a condominium, cooperative, or otherreal property with respect to which a person, by virtue of the person'sownership of a parcel of real property, is obligated to pay property taxes,insurance premiums, maintenance, or improvement of other real propertydescribed in a recorded covenant that creates the common interestcommunity;

(3) "Department", the Missouri department of natural resources or anyother state or federal department that determines or approves theenvironmental response project under which the environmental covenant iscreated;

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

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

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

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

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

"Environmental response project" shall not include plans or work performedfor environmental remediation of releases from aboveground storage tanks orunderground storage tanks as defined in section 319.100, RSMo;

(6) "Holder", the grantee of an environmental covenant as specifiedin 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, orinstrumentality, or any other legal or commercial entity;

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

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

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