260.1030. Civil action may be maintained, when--department to maintain regulatory authority.
Civil action may be maintained, when--department to maintainregulatory authority.
260.1030. 1. A civil action for injunctive or other equitable relieffor violation of an environmental covenant may be maintained by:
(1) A party to the covenant;
(2) The department;
(3) Any person to whom the covenant expressly grants power toenforce;
(4) A person whose interest in the real property or whose collateralor liability may be affected by the alleged violation of the covenant; or
(5) A municipality or other unit of local government in which thereal property subject to the covenant is located.
2. Sections 260.1000 to 260.1039 do not limit the regulatoryauthority of the department under law other than sections 260.1000 to260.1039 with respect to an environmental response project.
3. A person is not responsible for or subject to liability forenvironmental remediation solely because it has the right to enforce anenvironmental covenant.
(L. 2007 S.B. 54)Effective 1-01-08