Prohibited acts, exception--search warrants to issue,when--investigations, department may conduct, how--demolitionwaste, disposal of, requirements--building permits, notice ofdisposal of demolition waste required,form--exceptions--exceptions for Kansas City.
260.210. 1. It is unlawful for any person to:
(1) Dump or deposit, or permit dumping or depositing of any solid wastesonto the surface of the ground or into streams, springs, and all bodies ofsurface or ground water, whether natural or artificial, within the boundariesof the state except in a solid waste processing facility or solid wastedisposal area having a permit as required by section 260.205; provided that,this subdivision shall not prohibit the use or require a permit for the use ofsolid wastes in normal farming operations or in the processing ormanufacturing of other products in a manner that will not create a publicnuisance or adversely affect the public health, and shall not prohibit thedisposal of or require a permit for the disposal by an individual of solidwastes resulting from his or her own residential activities on property ownedor lawfully occupied by him or her when such wastes do not thereby create apublic nuisance or adversely affect the public health;
(2) Construct or alter a solid waste processing facility or solid wastedisposal area of a solid waste management system without approval from thedepartment;
(3) Conduct any solid waste burning operations in violation of the rulesand regulations of the Missouri air conservation commission or the department;
(4) Except as otherwise provided, store, collect, transport, process, ordispose of solid waste in violation of the rules, regulations or orders of thedepartment or in such a manner as to create a public nuisance or adverselyaffect the public health; or
(5) Refuse entry or access, requested for purposes of inspecting solidwaste processing facilities or solid waste disposal areas, to an agent oremployee of the department who presents appropriate credentials, or hinder theagent or employee in carrying out the inspection. A suitably restrictedsearch warrant, upon a showing of probable cause in writing and upon oath,shall be issued by any circuit or associate circuit judge having jurisdictionto any such agent or employee for the purpose of enabling him to make suchinspection.
2. Information obtained from waste disposed or deposited in violation ofthis section may be a rebuttable presumption that the person so identifiedcommitted the violation of sections 260.200 to 260.345. If the operator orpassenger of any vehicle is witnessed by a peace officer or employee of thedepartment of natural resources to have violated the provisions of thissection and the identity of the operator is not determined or otherwiseapparent, it may be a rebuttable presumption that the person in whose namesuch vehicle is registered committed the violation.
3. No person shall be held responsible pursuant to this section for thedumping or depositing of any solid waste on land owned or lawfully occupied byhim or her without his or her express or implied consent, permission orknowledge.
4. The department shall investigate reports of the dumping or depositingof solid waste or demolition waste in a manner contrary to the requirements ofsections 260.200 to 260.345. The department shall immediately issue a ceaseand desist order if it determines that any person has been or is dumping ordepositing solid waste or demolition waste, or has allowed the dumping ordisposal of solid waste or demolition waste or has received compensation forsame, in a manner contrary to sections 260.200 to 260.345. The departmentshall order the owner of the property or the person placing solid waste ordemolition waste thereon, or both, to remove all solid waste from the premisesif it determines that the waste might be reasonably expected to cause a publicnuisance or health hazard.
5. The department shall order a site cleaned up pursuant to theprovisions of section 260.230, when it determines that the property owner orthe operator has accepted remuneration or otherwise benefited financially forplacing solid waste or demolition waste in or on the site in contravention ofthis section. Persons who knowingly haul solid waste or demolition waste to asite which is operating without a permit, persons who operate such a site andpersons who own the property where the solid waste or demolition waste isbeing dumped or deposited shall be jointly and severally liable for cleanupcosts and any damage to third parties caused by the dumping or disposing ofsolid waste or demolition waste on the property if the owner or operator hasaccepted remuneration or otherwise benefited financially from such disposal.The provisions of sections 260.230 and 260.240, relating to the issuance oforders, shall be applicable to an action pursuant to this section. Any personaggrieved by any action of the department pursuant to this section may appealin the manner provided in section 260.235. Any person may bring civil actionfor actual and exemplary damages against the responsible party if the personhas sustained injury due to violations of this section.
6. Notwithstanding subsection 1 of section 260.250, any solid wastedisposal area or solid waste processing facility serving a city with apopulation of more than four hundred thousand inhabitants may accept yardwaste commingled with solid waste that results from an illegal dump cleanupactivity or program conducted by the local government of such city pursuant tothis section. The local government of such city shall provide certificationto the solid waste disposal area or solid waste processing facility that theorigin of the yard waste is from the cleanup of illegally dumped solid waste.
7. Any person who engages in building construction, modification or inconstruction, modification or demolition which produces demolition waste, intypes and quantities established by the department, shall dispose of suchwaste in a demolition or sanitary landfill or other authorized sites asprovided by rule. Each such person shall maintain records of sites used fordemolition disposal for a period of one year. These records shall be madeavailable to the department upon request.
8. Cities and counties which issue building permits shall reprint thefollowing on each permit or on a separate notice:
"Notice: The disposal of demolition waste is regulated by the departmentof natural resources pursuant to chapter 260, RSMo. Such waste, in types andquantities established by the department, shall be taken to a demolitionlandfill or a sanitary landfill for disposal."
9. A demolition landfill may accept clean fill, waste resulting frombuilding or demolishing structures and all other waste not required to beplaced in a sanitary landfill or a hazardous waste disposal facility for finaldisposition.
10. Notwithstanding subsection 7 of this section, certain wastes may bedisposed of as provided by this subsection:
(1) A person engaged in any activity which produces clean fill may usesuch material for fill, reclamation or other beneficial purposes on his or herown property or on the property of another person with the permission of theowner of such property, provided that such use does not violate any state lawor local ordinance or order;
(2) A person engaged in any activity which produces wood waste may reuseor recycle such waste or may dispose of wood waste on the site where generatedif such disposal is in compliance with applicable state law or localordinances or orders;
(3) A person who engages in clearance, trimming or removal of trees,brush or other vegetation may use wood wastes from such activities forbeneficial purposes including, but not limited to, firewood, ground cover,erosion control, mulch, compost or cover for wildlife.
Prohibited acts, exception--search warrants to issue,when--investigations, department may conduct, how--demolitionwaste, disposal of, requirements--building permits, notice ofdisposal of demolition waste required,form--exceptions--exceptions for Kansas City.
260.210. 1. It is unlawful for any person to:
(1) Dump or deposit, or permit dumping or depositing of any solid wastesonto the surface of the ground or into streams, springs, and all bodies ofsurface or ground water, whether natural or artificial, within the boundariesof the state except in a solid waste processing facility or solid wastedisposal area having a permit as required by section 260.205; provided that,this subdivision shall not prohibit the use or require a permit for the use ofsolid wastes in normal farming operations or in the processing ormanufacturing of other products in a manner that will not create a publicnuisance or adversely affect the public health, and shall not prohibit thedisposal of or require a permit for the disposal by an individual of solidwastes resulting from his or her own residential activities on property ownedor lawfully occupied by him or her when such wastes do not thereby create apublic nuisance or adversely affect the public health;
(2) Construct or alter a solid waste processing facility or solid wastedisposal area of a solid waste management system without approval from thedepartment;
(3) Conduct any solid waste burning operations in violation of the rulesand regulations of the Missouri air conservation commission or the department;
(4) Except as otherwise provided, store, collect, transport, process, ordispose of solid waste in violation of the rules, regulations or orders of thedepartment or in such a manner as to create a public nuisance or adverselyaffect the public health; or
(5) Refuse entry or access, requested for purposes of inspecting solidwaste processing facilities or solid waste disposal areas, to an agent oremployee of the department who presents appropriate credentials, or hinder theagent or employee in carrying out the inspection. A suitably restrictedsearch warrant, upon a showing of probable cause in writing and upon oath,shall be issued by any circuit or associate circuit judge having jurisdictionto any such agent or employee for the purpose of enabling him to make suchinspection.
2. Information obtained from waste disposed or deposited in violation ofthis section may be a rebuttable presumption that the person so identifiedcommitted the violation of sections 260.200 to 260.345. If the operator orpassenger of any vehicle is witnessed by a peace officer or employee of thedepartment of natural resources to have violated the provisions of thissection and the identity of the operator is not determined or otherwiseapparent, it may be a rebuttable presumption that the person in whose namesuch vehicle is registered committed the violation.
3. No person shall be held responsible pursuant to this section for thedumping or depositing of any solid waste on land owned or lawfully occupied byhim or her without his or her express or implied consent, permission orknowledge.
4. The department shall investigate reports of the dumping or depositingof solid waste or demolition waste in a manner contrary to the requirements ofsections 260.200 to 260.345. The department shall immediately issue a ceaseand desist order if it determines that any person has been or is dumping ordepositing solid waste or demolition waste, or has allowed the dumping ordisposal of solid waste or demolition waste or has received compensation forsame, in a manner contrary to sections 260.200 to 260.345. The departmentshall order the owner of the property or the person placing solid waste ordemolition waste thereon, or both, to remove all solid waste from the premisesif it determines that the waste might be reasonably expected to cause a publicnuisance or health hazard.
5. The department shall order a site cleaned up pursuant to theprovisions of section 260.230, when it determines that the property owner orthe operator has accepted remuneration or otherwise benefited financially forplacing solid waste or demolition waste in or on the site in contravention ofthis section. Persons who knowingly haul solid waste or demolition waste to asite which is operating without a permit, persons who operate such a site andpersons who own the property where the solid waste or demolition waste isbeing dumped or deposited shall be jointly and severally liable for cleanupcosts and any damage to third parties caused by the dumping or disposing ofsolid waste or demolition waste on the property if the owner or operator hasaccepted remuneration or otherwise benefited financially from such disposal.The provisions of sections 260.230 and 260.240, relating to the issuance oforders, shall be applicable to an action pursuant to this section. Any personaggrieved by any action of the department pursuant to this section may appealin the manner provided in section 260.235. Any person may bring civil actionfor actual and exemplary damages against the responsible party if the personhas sustained injury due to violations of this section.
6. Notwithstanding subsection 1 of section 260.250, any solid wastedisposal area or solid waste processing facility serving a city with apopulation of more than four hundred thousand inhabitants may accept yardwaste commingled with solid waste that results from an illegal dump cleanupactivity or program conducted by the local government of such city pursuant tothis section. The local government of such city shall provide certificationto the solid waste disposal area or solid waste processing facility that theorigin of the yard waste is from the cleanup of illegally dumped solid waste.
7. Any person who engages in building construction, modification or inconstruction, modification or demolition which produces demolition waste, intypes and quantities established by the department, shall dispose of suchwaste in a demolition or sanitary landfill or other authorized sites asprovided by rule. Each such person shall maintain records of sites used fordemolition disposal for a period of one year. These records shall be madeavailable to the department upon request.
8. Cities and counties which issue building permits shall reprint thefollowing on each permit or on a separate notice:
"Notice: The disposal of demolition waste is regulated by the departmentof natural resources pursuant to chapter 260, RSMo. Such waste, in types andquantities established by the department, shall be taken to a demolitionlandfill or a sanitary landfill for disposal."
9. A demolition landfill may accept clean fill, waste resulting frombuilding or demolishing structures and all other waste not required to beplaced in a sanitary landfill or a hazardous waste disposal facility for finaldisposition.
10. Notwithstanding subsection 7 of this section, certain wastes may bedisposed of as provided by this subsection:
(1) A person engaged in any activity which produces clean fill may usesuch material for fill, reclamation or other beneficial purposes on his or herown property or on the property of another person with the permission of theowner of such property, provided that such use does not violate any state lawor local ordinance or order;
(2) A person engaged in any activity which produces wood waste may reuseor recycle such waste or may dispose of wood waste on the site where generatedif such disposal is in compliance with applicable state law or localordinances or orders;
(3) A person who engages in clearance, trimming or removal of trees,brush or other vegetation may use wood wastes from such activities forbeneficial purposes including, but not limited to, firewood, ground cover,erosion control, mulch, compost or cover for wildlife.
Prohibited acts, exception--search warrants to issue,when--investigations, department may conduct, how--demolitionwaste, disposal of, requirements--building permits, notice ofdisposal of demolition waste required,form--exceptions--exceptions for Kansas City.
260.210. 1. It is unlawful for any person to:
(1) Dump or deposit, or permit dumping or depositing of any solid wastesonto the surface of the ground or into streams, springs, and all bodies ofsurface or ground water, whether natural or artificial, within the boundariesof the state except in a solid waste processing facility or solid wastedisposal area having a permit as required by section 260.205; provided that,this subdivision shall not prohibit the use or require a permit for the use ofsolid wastes in normal farming operations or in the processing ormanufacturing of other products in a manner that will not create a publicnuisance or adversely affect the public health, and shall not prohibit thedisposal of or require a permit for the disposal by an individual of solidwastes resulting from his or her own residential activities on property ownedor lawfully occupied by him or her when such wastes do not thereby create apublic nuisance or adversely affect the public health;
(2) Construct or alter a solid waste processing facility or solid wastedisposal area of a solid waste management system without approval from thedepartment;
(3) Conduct any solid waste burning operations in violation of the rulesand regulations of the Missouri air conservation commission or the department;
(4) Except as otherwise provided, store, collect, transport, process, ordispose of solid waste in violation of the rules, regulations or orders of thedepartment or in such a manner as to create a public nuisance or adverselyaffect the public health; or
(5) Refuse entry or access, requested for purposes of inspecting solidwaste processing facilities or solid waste disposal areas, to an agent oremployee of the department who presents appropriate credentials, or hinder theagent or employee in carrying out the inspection. A suitably restrictedsearch warrant, upon a showing of probable cause in writing and upon oath,shall be issued by any circuit or associate circuit judge having jurisdictionto any such agent or employee for the purpose of enabling him to make suchinspection.
2. Information obtained from waste disposed or deposited in violation ofthis section may be a rebuttable presumption that the person so identifiedcommitted the violation of sections 260.200 to 260.345. If the operator orpassenger of any vehicle is witnessed by a peace officer or employee of thedepartment of natural resources to have violated the provisions of thissection and the identity of the operator is not determined or otherwiseapparent, it may be a rebuttable presumption that the person in whose namesuch vehicle is registered committed the violation.
3. No person shall be held responsible pursuant to this section for thedumping or depositing of any solid waste on land owned or lawfully occupied byhim or her without his or her express or implied consent, permission orknowledge.
4. The department shall investigate reports of the dumping or depositingof solid waste or demolition waste in a manner contrary to the requirements ofsections 260.200 to 260.345. The department shall immediately issue a ceaseand desist order if it determines that any person has been or is dumping ordepositing solid waste or demolition waste, or has allowed the dumping ordisposal of solid waste or demolition waste or has received compensation forsame, in a manner contrary to sections 260.200 to 260.345. The departmentshall order the owner of the property or the person placing solid waste ordemolition waste thereon, or both, to remove all solid waste from the premisesif it determines that the waste might be reasonably expected to cause a publicnuisance or health hazard.
5. The department shall order a site cleaned up pursuant to theprovisions of section 260.230, when it determines that the property owner orthe operator has accepted remuneration or otherwise benefited financially forplacing solid waste or demolition waste in or on the site in contravention ofthis section. Persons who knowingly haul solid waste or demolition waste to asite which is operating without a permit, persons who operate such a site andpersons who own the property where the solid waste or demolition waste isbeing dumped or deposited shall be jointly and severally liable for cleanupcosts and any damage to third parties caused by the dumping or disposing ofsolid waste or demolition waste on the property if the owner or operator hasaccepted remuneration or otherwise benefited financially from such disposal.The provisions of sections 260.230 and 260.240, relating to the issuance oforders, shall be applicable to an action pursuant to this section. Any personaggrieved by any action of the department pursuant to this section may appealin the manner provided in section 260.235. Any person may bring civil actionfor actual and exemplary damages against the responsible party if the personhas sustained injury due to violations of this section.
6. Notwithstanding subsection 1 of section 260.250, any solid wastedisposal area or solid waste processing facility serving a city with apopulation of more than four hundred thousand inhabitants may accept yardwaste commingled with solid waste that results from an illegal dump cleanupactivity or program conducted by the local government of such city pursuant tothis section. The local government of such city shall provide certificationto the solid waste disposal area or solid waste processing facility that theorigin of the yard waste is from the cleanup of illegally dumped solid waste.
7. Any person who engages in building construction, modification or inconstruction, modification or demolition which produces demolition waste, intypes and quantities established by the department, shall dispose of suchwaste in a demolition or sanitary landfill or other authorized sites asprovided by rule. Each such person shall maintain records of sites used fordemolition disposal for a period of one year. These records shall be madeavailable to the department upon request.
8. Cities and counties which issue building permits shall reprint thefollowing on each permit or on a separate notice:
"Notice: The disposal of demolition waste is regulated by the departmentof natural resources pursuant to chapter 260, RSMo. Such waste, in types andquantities established by the department, shall be taken to a demolitionlandfill or a sanitary landfill for disposal."
9. A demolition landfill may accept clean fill, waste resulting frombuilding or demolishing structures and all other waste not required to beplaced in a sanitary landfill or a hazardous waste disposal facility for finaldisposition.
10. Notwithstanding subsection 7 of this section, certain wastes may bedisposed of as provided by this subsection:
(1) A person engaged in any activity which produces clean fill may usesuch material for fill, reclamation or other beneficial purposes on his or herown property or on the property of another person with the permission of theowner of such property, provided that such use does not violate any state lawor local ordinance or order;
(2) A person engaged in any activity which produces wood waste may reuseor recycle such waste or may dispose of wood waste on the site where generatedif such disposal is in compliance with applicable state law or localordinances or orders;
(3) A person who engages in clearance, trimming or removal of trees,brush or other vegetation may use wood wastes from such activities forbeneficial purposes including, but not limited to, firewood, ground cover,erosion control, mulch, compost or cover for wildlife.
