SB 535 Removes first and second degrees of criminal disposition of demolition or solid waste and increases certain penalties for violations of solid waste laws
Sponsor: Goodman
LR Number: 1792S.03I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/21/2007 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S305
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SB 535 - This act relates to solid waste disposal.

Section 260.211 - Under current law, the crime of illegally disposing demolition waste in the first degree is a Class A misdemeanor, illegally disposing demolition waste in the second degree is a Class C misdemeanor, and a second or subsequent offense is a Class D felony. This act removes the first and second degrees of the crime and instead makes any instance of illegal disposition of demolition waste a Class D felony as well as subject to the same penalty as what was for a crime in the first degree, which is up to $20,000.

Under current law, a person commits the crime of illegally disposing demolition waste if he or she disposes or causes to be disposed over 2,000 pounds or 400 cubic feet of such waste in an illegal manner. This act removes the weight and volume criteria, thereby making it a crime to illegally dispose any amount of demolition waste.

Section 260.212 - The act makes similar modifications to the crime of illegal disposition of solid waste where it removes the first and second degrees of the crime, and makes a single instance of illegally disposing solid waste a Class D felony subject to a fine of not more than $20,000. The act removes the current weight and volume criteria, thereby making it a crime to illegally dispose of any amount of solid waste.

Section 260.240 - The act expands the authority of the Department of Natural Resources to seek injunctive relief and civil penalties against operators of solid waste sanitary landfills and operators of transfer stations who violate certain fee collection provisions.

The maximum civil penalty a court may assess is increased from $1,000 to $5,000 per day for violations concerning a solid waste disposal area or for violations of the landfill or transfer station fee collection provisions by a solid waste processing facility.

The act increases from $100 to $1,000 the per-day penalty a county may assess for violations of any county law developed under provisions of the state solid waste laws.

Section 260.249 - The act changes an incorrect statutory reference.

This act is similar to HB 886 (2007).

ERIKA JAQUES