260.211. 1. A person commits the offense of criminal disposition ofdemolition waste if he purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet ofsuch waste on property in this state other than in a solid waste processingfacility or solid waste disposal area having a permit as required bysection 260.205; provided that, this subsection shall not prohibit the useor require a solid waste permit for the use of solid wastes in normalfarming operations or in the processing or manufacturing of other productsin a manner that will not create a public nuisance or adversely affectpublic health and shall not prohibit the disposal of or require a solidwaste permit for the disposal by an individual of solid wastes resultingfrom his or her own residential activities on property owned or lawfullyoccupied by him or her when such wastes do not thereby create a publicnuisance or adversely affect the public health. Demolition waste shall notinclude clean fill or vegetation. Criminal disposition of demolition wasteis a class D felony. In addition to other penalties prescribed by law, aperson convicted of criminal disposition of demolition waste is subject toa fine not to exceed twenty thousand dollars, except as provided below.The magnitude of the fine shall reflect the seriousness or potentialseriousness of the threat to human health and the environment posed by theviolation, but shall not exceed twenty thousand dollars, except that if acourt of competent jurisdiction determines that the person responsible forillegal disposal of demolition waste under this subsection did so forremuneration as a part of an ongoing commercial activity, the court shallset a fine which reflects the seriousness or potential threat to humanhealth and the environment which at least equals the economic gain obtainedby the person, and such fine may exceed the maximum established herein.
2. Any person who purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet of hisor her personal construction or demolition waste on his or her own propertyshall be guilty of a class C misdemeanor. If such person receives anyamount of money, goods, or services in connection with permitting any otherperson to dispose of construction or demolition waste on his or herproperty, such person shall be guilty of a class D felony.
3. The court shall order any person convicted of illegally disposingof demolition 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.
4. The court may order restitution by requiring any person convictedunder this section to clean up any demolition waste he illegally dumped andthe court may require any such person to perform additional communityservice by cleaning up and properly disposing of demolition waste illegallydumped by other persons.
5. 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.
6. Any person shall be guilty of conspiracy as defined in section564.016, RSMo, if he or she knows or should have known that his or heragent or employee has committed the acts described in sections 260.210 to260.212 while engaged in the course of employment.
260.211. 1. A person commits the offense of criminal disposition ofdemolition waste if he purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet ofsuch waste on property in this state other than in a solid waste processingfacility or solid waste disposal area having a permit as required bysection 260.205; provided that, this subsection shall not prohibit the useor require a solid waste permit for the use of solid wastes in normalfarming operations or in the processing or manufacturing of other productsin a manner that will not create a public nuisance or adversely affectpublic health and shall not prohibit the disposal of or require a solidwaste permit for the disposal by an individual of solid wastes resultingfrom his or her own residential activities on property owned or lawfullyoccupied by him or her when such wastes do not thereby create a publicnuisance or adversely affect the public health. Demolition waste shall notinclude clean fill or vegetation. Criminal disposition of demolition wasteis a class D felony. In addition to other penalties prescribed by law, aperson convicted of criminal disposition of demolition waste is subject toa fine not to exceed twenty thousand dollars, except as provided below.The magnitude of the fine shall reflect the seriousness or potentialseriousness of the threat to human health and the environment posed by theviolation, but shall not exceed twenty thousand dollars, except that if acourt of competent jurisdiction determines that the person responsible forillegal disposal of demolition waste under this subsection did so forremuneration as a part of an ongoing commercial activity, the court shallset a fine which reflects the seriousness or potential threat to humanhealth and the environment which at least equals the economic gain obtainedby the person, and such fine may exceed the maximum established herein.
2. Any person who purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet of hisor her personal construction or demolition waste on his or her own propertyshall be guilty of a class C misdemeanor. If such person receives anyamount of money, goods, or services in connection with permitting any otherperson to dispose of construction or demolition waste on his or herproperty, such person shall be guilty of a class D felony.
3. The court shall order any person convicted of illegally disposingof demolition 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.
4. The court may order restitution by requiring any person convictedunder this section to clean up any demolition waste he illegally dumped andthe court may require any such person to perform additional communityservice by cleaning up and properly disposing of demolition waste illegallydumped by other persons.
5. 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.
6. Any person shall be guilty of conspiracy as defined in section564.016, RSMo, if he or she knows or should have known that his or heragent or employee has committed the acts described in sections 260.210 to260.212 while engaged in the course of employment.
260.211. 1. A person commits the offense of criminal disposition ofdemolition waste if he purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet ofsuch waste on property in this state other than in a solid waste processingfacility or solid waste disposal area having a permit as required bysection 260.205; provided that, this subsection shall not prohibit the useor require a solid waste permit for the use of solid wastes in normalfarming operations or in the processing or manufacturing of other productsin a manner that will not create a public nuisance or adversely affectpublic health and shall not prohibit the disposal of or require a solidwaste permit for the disposal by an individual of solid wastes resultingfrom his or her own residential activities on property owned or lawfullyoccupied by him or her when such wastes do not thereby create a publicnuisance or adversely affect the public health. Demolition waste shall notinclude clean fill or vegetation. Criminal disposition of demolition wasteis a class D felony. In addition to other penalties prescribed by law, aperson convicted of criminal disposition of demolition waste is subject toa fine not to exceed twenty thousand dollars, except as provided below.The magnitude of the fine shall reflect the seriousness or potentialseriousness of the threat to human health and the environment posed by theviolation, but shall not exceed twenty thousand dollars, except that if acourt of competent jurisdiction determines that the person responsible forillegal disposal of demolition waste under this subsection did so forremuneration as a part of an ongoing commercial activity, the court shallset a fine which reflects the seriousness or potential threat to humanhealth and the environment which at least equals the economic gain obtainedby the person, and such fine may exceed the maximum established herein.
2. Any person who purposely or knowingly disposes of or causes thedisposal of more than two thousand pounds or four hundred cubic feet of hisor her personal construction or demolition waste on his or her own propertyshall be guilty of a class C misdemeanor. If such person receives anyamount of money, goods, or services in connection with permitting any otherperson to dispose of construction or demolition waste on his or herproperty, such person shall be guilty of a class D felony.
3. The court shall order any person convicted of illegally disposingof demolition 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.
4. The court may order restitution by requiring any person convictedunder this section to clean up any demolition waste he illegally dumped andthe court may require any such person to perform additional communityservice by cleaning up and properly disposing of demolition waste illegallydumped by other persons.
5. 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.
6. Any person shall be guilty of conspiracy as defined in section564.016, RSMo, if he or she knows or should have known that his or heragent or employee has committed the acts described in sections 260.210 to260.212 while engaged in the course of employment.
