Section 25 Missouri Abandoned or Uncontrolled Sites Law

• Library: Damages 2012

The Missouri counterpart to CERCLA is the Missouri abandoned or uncontrolled sites law, §§ 260.435 et seq., RSMo 2000 and Supp. 2011. Like CERCLA, the Missouri abandoned or uncontrolled sites law establishes a remedial fund that the state may use in carrying out remedial action at polluted sites. MoDNR has broad power under this law to take actions necessary to effectuate a cleanup, issue clean-up and abatement orders, and recover clean-up costs from responsible parties.

Although CERCLA applies to all PRPs, the Missouri statute applies only to those in control. A “[p]erson having control over a hazardous substance” is defined as:

any person producing, handling, storing, transporting, refining, or disposing of a hazardous substance when a hazardous substance emergency occurs, including bailees...