260.465. Change of use or transfer of site property--notice to buyer--appeal--violations, penalty.
Change of use or transfer of site property--notice tobuyer--appeal--violations, penalty.
260.465. 1. No person may substantially change the mannerin which an abandoned or uncontrolled hazardous waste disposalsite on the registry prepared and maintained by the departmentpursuant to section 260.440 is used without the written approvalof the director.
2. No person may sell, convey or transfer title to anabandoned or uncontrolled hazardous waste disposal site which ison the registry prepared and maintained by the departmentpursuant to section 260.440 without disclosing to the buyerearly in the negotiation process that the site is on theregistry, specifying applicable use restrictions and providingall registry information for the site. The seller shall alsonotify the buyer that he may be assuming liability for anyremedial action at the site; provided, however, the sale,conveyance or transfer of property shall not absolve any personresponsible for site contamination, including the seller, ofliability for any remedial action at the site. The seller shallnotify the department of the transfer of ownership within thirtydays after the transfer.
3. Decisions of the director concerning the use of anabandoned or uncontrolled hazardous waste site may be appealedto the commission in the manner provided in section 260.460.
4. If the department has reason to believe that theprovisions of this section have been violated, or are inimminent danger of being violated, it may institute a civilaction in any court of competent jurisdiction for injunctiverelief to prevent such violation and for the assessment of acivil penalty not to exceed one thousand dollars per day foreach day of violation.
(L. 1983 H.B. 528, A.L. 1988 S.B. 535)