Environmental Law Blog

Litter is both an eyesore and a health hazard because it attracts diseases, provides a home for pests and serves as a breeding ground for their young. As a result, whether you refer to it as trash, litter, garbage, solid waste, or refuse, litter cannot be dumped onto our private or public land in Missouri.

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.

Second, the Litter Laws of 1979 make it illegal to throw rubbish of any kind onto any land or water owned by the state or federal government, as well as, the private property of another without his or her consent. Under the Litter Laws, consent is a defense to littering on private property, but anyone dumping refuse onto another person's land is probably violating the Solid Waste Management Law anyway unless the other persons' land is a licensed solid waste disposal facility. Littering is a Class A misdemeanor, so anyone convicted of littering may be imprisoned in the county jail for up to one year and fined up to $1,000.00.

Third, the county commission in each county may choose to use the County Option Dumping Ground Law to further punish litterers. Under this law, individuals who want to operate an open dump in counties that have adopted the law must apply to the county for a license. Anyone who dumps garbage on land that is not licensed may be fined up to $1,000.00 or imprisoned up to one year in the county jail.

In addition to criminal sanctions, persons adversely affected by littering can sue the illegal dumper in civil court for trespass (if the dumping occurred on the person's property) or public or private nuisance (if the dumping occurred on adjacent property).

To report illegal dumping in your area, simply contact your local sheriff's department, highway patrol office, or conservation agent. Have the following information ready to relay to the authorities: description of the violator's vehicle, license number of the vehicle, location of illegal dumping, and description of offenders.  Or, you can submit an online complaint to the Attorney General's Office here.  Let's work together to clean up illegal dumps.