260.212. Solid waste, criminal disposition of--penalties--conspiracy.
Solid waste, criminal disposition of--penalties--conspiracy.
260.212. 1. A person commits the offense of criminal disposition ofsolid waste if he purposely or knowingly disposes of or causes the disposalof more than five hundred pounds or one hundred cubic feet of commercial orresidential solid waste on property in this state other than a solid wasteprocessing facility or solid waste disposal area having a permit asrequired by section 260.205; provided that, this subsection shall notprohibit the use or require a solid waste permit for the use of solidwastes in normal farming operations or in the processing or manufacturingof other products in a manner that will not create a public nuisance oradversely affect public health and shall not prohibit the disposal of orrequire a solid waste permit for the disposal by an individual of solidwastes resulting from his or her own residential activities on propertyowned or lawfully occupied by him or her when such wastes do not therebycreate a public nuisance or adversely affect the public health. Criminaldisposition of solid waste is a class D felony. In addition to otherpenalties prescribed by law, a person convicted of criminal disposition ofsolid waste is subject to a fine, and the magnitude of the fine shallreflect the seriousness or potential seriousness of the threat to humanhealth and the environment posed by the violation, but shall not exceedtwenty thousand dollars, except that if a court of competent jurisdictiondetermines that the person responsible for illegal disposal of solid wasteunder this subsection did so for remuneration as a part of an ongoingcommercial activity, the court shall set a fine which reflects theseriousness or potential threat to human health and the environment whichat least equals the economic gain obtained by the person, and such fine mayexceed the maximum established herein.
2. The court shall order any person convicted of illegally disposingof solid waste upon his own property for remuneration to clean up suchwaste and, if he fails to clean up the waste or if he is unable to clean upthe waste, the court may notify the county recorder of the countycontaining the illegal disposal site. The notice shall be designed to berecorded on the record.
3. The court may order restitution by requiring any person convictedunder this section to clean up any commercial or residential solid waste heillegally dumped and the court may require any such person to performadditional community service by cleaning up commercial or residential solidwaste illegally dumped by other persons.
4. The prosecutor of any county or circuit attorney of any city notwithin a county may, by information or indictment, institute a prosecutionfor any violation of the provisions of this section.
5. Any person shall be guilty of conspiracy as defined in section564.016, RSMo, if he knows or should have known that his agent or employeehas committed the acts described in sections 260.210 to 260.212 whileengaged in the course of employment.
(L. 1990 S.B. 530, A.L. 2007 S.B. 54)Effective 1-01-08
CROSS REFERENCE:
Duty of prosecuting attorney, RSMo 577.071