Attorney General's News Release

June 24, 2004

Nixon asks court to hold Sedalia trash haulers in contempt for illegally burning waste at dump along the Katy Trail

Sedalia, Mo. — Attorney General Jay Nixon is seeking a contempt of court order against a Sedalia family of trash haulers for illegally burning solid waste at a dump site along the Katy Trail State Park. Nixon says an inspection earlier this month by the Missouri Department of Natural Resources showed that Melvin A. Heaper, Emma L. Heaper, Clark A. Heaper and Charles Heaper are in direct violation of an order from the Pettis County Circuit Court prohibiting the burning of any solid waste on their property.

Circuit Judge Donald Barnes issued a preliminary injunction against the Heapers in March at Nixon's request. Judge Barnes ordered the defendants to immediately cease placing any more solid waste at the site and to immediately cease any burning of solid waste. The Heapers also were ordered to properly remove and dispose of all regulated solid waste from the site within 12 months.

The Attorney General sued the Heapers in June 2003 for operating an illegal trash dump. 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 contempt motion filed by Nixon asks the court to order the Heapers to immediately stop burning solid waste and to immediately clean up and properly dispose of the burn residue. Nixon also wants the defendants to pay $100 for each day they continue to be in contempt of the court's March order, and to pay a stipulated penalty of $1,000 if they burn any regulated solid waste at any time in the future.

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