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The following three Missouri statutes make littering a criminal offense. In addition, municipal or county ordinances may prohibit littering, although most Missouri counties do not have ordinance-making powers. Check with your city attorney or county prosecutor to see if municipal or county ordinances also prohibit littering.
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Solid Waste Disposal Act (1972). In 1972, the Missouri Legislature passed a law regulating the disposal of solid wastes. If you want to read the law yourself, you can find a copy of the Missouri Statutes in local libraries, law schools, county courthouses or law offices. Look at sections 260.200 - 260.245.
The Solid Waste Disposal Act has three primary purposes: To prevent the creation of public nuisances. To reduce the spread of disease. To reduce the spoiling of the environment. The law prohibits the accumulation and unmanaged disposal of garbage. refuse and filth. It also regulates the operations of garbage collection facilities and services. Under the 1972 law, no one may dump waste material in any place except a licensed solid-waste disposal area, unless one of the following two exceptions apply. The law does not apply to someone who: Dumps his own solid waste on his own property. Uses solid wastes in his normal farming operations. However, these exceptions apply only so long as they do not create a public nuisance or threaten the public health. Thus, unless your land is a licensed solid waste disposal area, someone who dumps solid waste on your land violates this law. Be aware that you may violate this law by permitting another person to dump solid waste on your land, unless it is part of your normal farming operation. Punishment for violations may be harsh. The county prosecuting attorney may be able to get a court order requiring that the garbage be removed. Additionally, violators may face fines of up to $100 per day until the garbage is removed. Litter Laws (1979). This law makes it a crime to throw rubbish of any kind onto: Any land or waters owned by the state or federal government. The private property of another without his or her consent. If you have the owner's consent. you will not violate this statute if you throw garbage onto his land. However, you probably would be violating the Solid Waste Disposal Act unless the land is a licensed solid waste disposal facility. Littering is a Class A misdemeanor under the criminal code of Missouri, so anyone convicted of littering may be imprisoned in the county jail for up to one year and/or fined up to $1,000. County Option Dumping Ground Law. The county court of each county may choose to use the dumping ground law. The law is not mandatory for every county, but after a county opts for this law, individuals who want to operate a dumping ground must apply to the county court for a license. The county court then forwards the application to the state Division of Health. The applicant gets a permit if the Division of Health and the county court approve the application. Licenses are good for one year and may be renewed. |
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After this law is in effect in a county, no one may dump refuse, rubbish or garbage anywhere except a disposal area. Violators of this law may be fined up to $1,000 and/or imprisoned for up to one year in the county jail. However, even if your county has not adopted this option, dumping may violate the litter laws or the Solid Waste Disposal Act.
Civil sanctions against littering In addition to the criminal sanctions listed previously, you may have certain civil remedies against someone who dumps refuse on your land. You may sue for any damages to your property on the legal grounds of trespass to land (by the garbage someone leaves on your land). Remember this is a remedy you have in addition to the criminal sanctions already mentioned. You also may have certain civil remedies against persons who dump on land adjacent to yours. You may be able to stop the owner of adjacent land from dumping on her or his property if you can prove the dumping creates a public nuisance or threatens public health. If someone other than the owner is dumping on adjacent land, you may be able to have the situation declared a nuisance and force the owner (or the dumper) to clean up the area. Last, if a city owns property that is covered with garbage, you can force the governmental unit responsible for keeping the area clean to police the area. Consult your attorney for the exact legal procedures for these situations |
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I don't think he is crazy enought to risk his and possably his families land.
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Three laws make littering a crime in Missouri. First, under the Solid Waste Management Law, no one can dump waste in any place except a licensed solid-waste disposal area. There are a few exceptions to the general rule that bans dumping. For example, a homeowner may dump residential waste generated in his home on his own property so long as it does not cause a nuisance. And a farmer may store solid waste on his property for use in normal farming operations. The Law gives state and local officials the authority to compel an illegal dumper to clean up the unauthorized solid waste disposal area, no matter what the cost. In addition, the violator may face a fine of up to $100.00 per day until the garbage is removed. For more on the Solid Waste Management Law, check out our earlier post on Landfill operations.
I know many in Carter County that have dumped on other's land throught the years. Back in the 60's the old tram south of grandin was full of dumps. |
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Leave Tim alone... Why would you even say something like that? And you say it as if it was your grandpa's farm as well. Hope your not related to him because family should take care of each other and not bad mouth each other!
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Will go to jail, if you want that much regulation and government up your --- 24/7/365 I recommend you go back to the big city and stay. For the rest of us common sense will suffice nicely. We know the difference between organic and non-organic and the difference between dirt and filth and the difference between burnable and metal. We probably have a mulch pile for compost. We can even read and decipher the signs and pictures on the recycling trailer and some of us even know the difference between our metals and what they might bring if we will transport them to the salvage yard. If we don't or can't we very likely do know someone who can deal with the scrap for us. Heck, if you don't live in town, and you call the law they Might possibly show up by the next day.(Do you realize how few cops we have for how many people and how many miles in this county?) Yes, for a little while the government made a big deal of cleaning up quite a few old dump sites. If you dump things with your name and address on it possibly it will get turned in to the law and maybe they will have time to track you down. For the most part individuals have cleaned up the old sites and often when people stopped dumping nature took care of most of it. Then when metal goes up often locals go pick up the roadsides and old dump sites and things get recycled.
Yes, we do care about the land. Most of us expect our families to stay here and enjoy life after we are gone. Common sense is a wonderful tool. Pass it on down. |
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1 I am sure most know how to dispose of their refuse; however, those few whom do not need to be dealt with by the proper authorities. I am talking about those who drive down the old roads trashing up our nice scenery. As for the above post, as I read it ,was mainly for large companies.It wont be the local law enforcement that is called,it is the EPA. I think most business in Carter County is compliant with this regulation. |
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was woundering.just moved to the area,needing trash service
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O Fallon, MO |
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1 There is only two things Tim loves more than money and one of them is land. The other is my business so I do not believe this is a problem. |
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well said Melissa !!! Just know that the Carter family is supportive of the business and the level that some people stoop to, at times, can never cease to amaze you....
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I'm not family but Tim is "Good People", you can take that to the bank! |
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