Attorney General's News Release

June 20, 2003

Nixon sues Sedalia trash haulers for operating illegal dump along Katy Trail

An illegal trash dump sits next to the Katy Trail State Park in Sedalia. Heaper Sanitation owns the site.

Jefferson City, Mo. — Attorney General Jay Nixon on Thursday (June 19) filed a lawsuit in Pettis County against the owners of Heaper Sanitation, charging they violated state solid waste and public nuisance laws by operating an illegal trash dump in Sedalia that abuts the Katy Trail State Park.

Nixon said defendants Melvin A. Heaper, Emma L. Heaper, Clark A. Heaper and Charles Heaper have picked up household trash for several years and sorted the trash on their property at 621 E. Boonville. The trash — including household appliances, furniture, waste tires and food wastes — has accumulated on the site and has been the source of several citizen complaints. Nixon said the site constitutes an illegal, unpermitted solid waste disposal area as well as a public nuisance because of mosquitoes, flies and other pests.

"The Department of Natural Resources has tried to work with the Heapers to get this property cleaned up, but the problem has actually gotten worse," Nixon said. "This dump is of particular concern because it sets right alongside the Katy Trail. I'm asking the court to order the Heapers in no uncertain terms to remove the trash and properly dispose of it."

Nixon is asking the Pettis County Circuit Court to issue preliminary and permanent injunctions against the defendants, compelling them to promptly remove and properly dispose of the solid waste. The lawsuit also asks the court to order the Heapers to pay any penalties the court deems appropriate.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818