Permit not to be issued, when--notice to department of certaincrimes, penalty for failure to notify--reinstatement, when.
260.207. 1. The department of natural resources shall not issue apermit to any person for the operation of any solid waste processingfacility or solid waste disposal area pursuant to sections 260.200 to260.345 if such person has been determined to habitually violate Missourienvironmental statutes, the environmental statutes of other states orfederal statutes pertaining to environmental control or if such person hashad three or more convictions, which convictions occurred after August 28,1990, and within any five-year period, within a court of the United Statesor of any state other than Missouri or has had two or more convictionswithin Missouri, after August 28, 1990, and within any five-year period,for any crimes or criminal acts, an element of which involves restraint oftrade, price-fixing, intimidation of the customers of another person or forengaging in any other acts which may have the effect of restraining orlimiting competition concerning activities regulated under this chapter orsimilar laws of other states or the federal government; except thatconvictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. For the purpose of this section the term "person"shall include any business organization or entity, successor corporation,partnership or subsidiary of any business organization or entity, and theowners and officers thereof, of the entity submitting the application.
2. The director shall suspend, revoke or not renew the permit of anyperson with a permit to operate any solid waste processing facility orsolid waste disposal area if such person has been determined by thedepartment of natural resources to habitually violate the requirements ofthe Missouri environmental statutes, of the environmental statutes of otherstates, or of federal statutes pertaining to environmental control, or ifsuch person has had three or more convictions in any court of the UnitedStates or of any state other than Missouri or has had two or moreconvictions within Missouri of crimes as specified herein, if suchconvictions occur after August 28, 1990, and within any five-year period.
3. Any person applying for a permit to operate any facility pursuantto sections 260.200 to 260.345 shall notify the director of any convictionfor a crime which would have the effect of limiting competition. Anyperson holding a permit shall notify the department of any such convictionof any crime as specified herein within thirty days of the conviction.Failure to notify the director is a class D felony and subject to a fine ofone thousand dollars per day for each day unreported.
4. Any person who has had a permit denied, revoked or not renewed dueto the provisions of this section may apply to the director forreinstatement after five years have elapsed from the time of the mostrecent conviction.
Permit not to be issued, when--notice to department of certaincrimes, penalty for failure to notify--reinstatement, when.
260.207. 1. The department of natural resources shall not issue apermit to any person for the operation of any solid waste processingfacility or solid waste disposal area pursuant to sections 260.200 to260.345 if such person has been determined to habitually violate Missourienvironmental statutes, the environmental statutes of other states orfederal statutes pertaining to environmental control or if such person hashad three or more convictions, which convictions occurred after August 28,1990, and within any five-year period, within a court of the United Statesor of any state other than Missouri or has had two or more convictionswithin Missouri, after August 28, 1990, and within any five-year period,for any crimes or criminal acts, an element of which involves restraint oftrade, price-fixing, intimidation of the customers of another person or forengaging in any other acts which may have the effect of restraining orlimiting competition concerning activities regulated under this chapter orsimilar laws of other states or the federal government; except thatconvictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. For the purpose of this section the term "person"shall include any business organization or entity, successor corporation,partnership or subsidiary of any business organization or entity, and theowners and officers thereof, of the entity submitting the application.
2. The director shall suspend, revoke or not renew the permit of anyperson with a permit to operate any solid waste processing facility orsolid waste disposal area if such person has been determined by thedepartment of natural resources to habitually violate the requirements ofthe Missouri environmental statutes, of the environmental statutes of otherstates, or of federal statutes pertaining to environmental control, or ifsuch person has had three or more convictions in any court of the UnitedStates or of any state other than Missouri or has had two or moreconvictions within Missouri of crimes as specified herein, if suchconvictions occur after August 28, 1990, and within any five-year period.
3. Any person applying for a permit to operate any facility pursuantto sections 260.200 to 260.345 shall notify the director of any convictionfor a crime which would have the effect of limiting competition. Anyperson holding a permit shall notify the department of any such convictionof any crime as specified herein within thirty days of the conviction.Failure to notify the director is a class D felony and subject to a fine ofone thousand dollars per day for each day unreported.
4. Any person who has had a permit denied, revoked or not renewed dueto the provisions of this section may apply to the director forreinstatement after five years have elapsed from the time of the mostrecent conviction.
Permit not to be issued, when--notice to department of certaincrimes, penalty for failure to notify--reinstatement, when.
260.207. 1. The department of natural resources shall not issue apermit to any person for the operation of any solid waste processingfacility or solid waste disposal area pursuant to sections 260.200 to260.345 if such person has been determined to habitually violate Missourienvironmental statutes, the environmental statutes of other states orfederal statutes pertaining to environmental control or if such person hashad three or more convictions, which convictions occurred after August 28,1990, and within any five-year period, within a court of the United Statesor of any state other than Missouri or has had two or more convictionswithin Missouri, after August 28, 1990, and within any five-year period,for any crimes or criminal acts, an element of which involves restraint oftrade, price-fixing, intimidation of the customers of another person or forengaging in any other acts which may have the effect of restraining orlimiting competition concerning activities regulated under this chapter orsimilar laws of other states or the federal government; except thatconvictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. For the purpose of this section the term "person"shall include any business organization or entity, successor corporation,partnership or subsidiary of any business organization or entity, and theowners and officers thereof, of the entity submitting the application.
2. The director shall suspend, revoke or not renew the permit of anyperson with a permit to operate any solid waste processing facility orsolid waste disposal area if such person has been determined by thedepartment of natural resources to habitually violate the requirements ofthe Missouri environmental statutes, of the environmental statutes of otherstates, or of federal statutes pertaining to environmental control, or ifsuch person has had three or more convictions in any court of the UnitedStates or of any state other than Missouri or has had two or moreconvictions within Missouri of crimes as specified herein, if suchconvictions occur after August 28, 1990, and within any five-year period.
3. Any person applying for a permit to operate any facility pursuantto sections 260.200 to 260.345 shall notify the director of any convictionfor a crime which would have the effect of limiting competition. Anyperson holding a permit shall notify the department of any such convictionof any crime as specified herein within thirty days of the conviction.Failure to notify the director is a class D felony and subject to a fine ofone thousand dollars per day for each day unreported.
4. Any person who has had a permit denied, revoked or not renewed dueto the provisions of this section may apply to the director forreinstatement after five years have elapsed from the time of the mostrecent conviction.
