STATUTORY TEXT :

(e) Any person who willfully and knowingly violates a condition of a permit issued pursuant to this article or fails or refuses to comply with any order issued under section 9-16-79 or section 9-16-93 of this article or any order incorporated in a final decision issued by the regulatory authority under this article, except an order incorporated in a decision issued under subsection (b) of this section, shall, upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both. Any person who willfully and knowingly engages in surface coal mining operations without a license and permit as required by this article shall upon conviction be punished by a fine of not more than $10,000.00 per day for each and every day during which such violation continues, and shall be subject to imprisonment for not more than one year or both. In addition to any criminal penalty issued hereunder any person who affects land in violation of this subsection shall be required to post a bond in accordance with that of section 9-16-89 and to reclaim the affected land.

(f) Whenever a corporate permittee violates a condition of a permit issued pursuant to this article or fails or refuses to comply with any order issued under section 9-16-93 of this article, or any order incorporated in a final decision issued by the regulatory authority under this article except an order incorporated in a decision issued under subsection (b) of this section, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and (e) of this section.

(g) Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plant, or other document filed or required to be maintained pursuant to this article or any order or decision issued by the regulatory authority under this article, shall upon conviction, be punished by a fine of not more than $10,000.00, or by imprisonment for not more than one year or both.

(j) Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the regulatory authority or any of its agents in the performance of duties pursuant to this article shall be punished by a fine of not more than $10,000 or by imprisonment for not more than one year, or both.

STATE : ALABAMA

STATUTE :

Alabama Surface Mining Control and Reclamation Act, 9-16-94

Code of Alabama, Title 9 - Conservation and Natural Resources, Chapter 16 - Mineral Resources, Article 3 - Surface Mining Control and Reclamation (BNA Mining, p. 1501:0124)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person engaged in the business of coal brokering or operating a coal sales agency in the state of Alabama and each and every person, corporation or other legal entity operating an electric system for the sale of electric energy for resale, sale to the public or sale to its members and each and every industrial purchaser of coal in the state of Alabama shall report, on a form to be furnished by the regulatory authority, at intervals of not less than 60 days, the name, address, license number and permit number of the producer of all coal purchased by it since its last reporting period. In the event that any person named in the preceding sentence purchases coal mined outside of the state of Alabama, such facts shall be so noted on the form described above. Failure of the persons described in this section to render such reports shall constitute a misdemeanor punishable by fine of not more than $5,000.00; provided, that prior to instituting any such action, the regulatory authority, in the case of a first offense only, shall notify such person by certified or registered mail of the failure to comply with this provision of this article and shall afford such person not more than 10 days to furnish such report. Officers, employees and agents of the regulatory authority shall be permitted to inspect the records and books of the persons specified above to determine the accuracy of such reports, such inspection to take place at reasonable times. In no event shall the regulatory authority require disclosure of the amounts of any purchase or the purchase price paid for such coal or of any information other than that set forth above, except by specific subpoena in preparation for hearing or other enforcement action.

STATE : ALABAMA

STATUTE :

Alabama Surface Mining Control and Reclamation Act, 9-16-102

Code of Alabama, Title 9 - Conservation and Natural Resources, Chapter 16 - Mineral Resources, Article 3 - Surface Mining Control and Reclamation (BNA Mining, p. 1501:0127)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who willfully or with gross negligence violates any provision of the chapter, or rule, regulation or standard adopted under this chapter, or any condition or limitation in a permit issued under this chapter shall be punished by a fine of not less than $2,500.00 nor more than $25,000.00 per day of violation or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not less than $5,000.00 nor more than $50,000.00 per day of violation or by imprisonment for not less than one year and one day nor more than two years, or by both.

(b) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed, or required to be maintained, under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall, upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both.

STATE : ALABAMA

STATUTE :

Alabama Water Pollution Control Act, Section 22-22-14.

Criminal penalty for violation of chapter, etc. Code of Alabama, Title 22, Chapter 22 - Water Improvement Commission (BNA State Water Laws, p. 701:0105)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who knowingly violates or fails or refuses to obey or comply with this chapter, or any rule or regulation adopted thereunder, or knowingly submits any false information under this chapter, or any rule or regulation thereunder, upon conviction, may be sentenced to hard labor for the county for not more than one year.

STATE : ALABAMA

STATUTE :

Alabama Air Pollution Control Act, 22-28-22(a)

Code of Alabama, Title 22, Health, Mental Health and Environmental Quality, Chapter 28 - Alabama Air Pollution Control (BNA State Air Laws, p. 301:0105)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who intentionally, knowingly, recklessly or with criminal negligence:

(1) Transports or causes to be transported any hazardous waste identified or listed under this chapter to a facility or site which does not have a permit or interim status under section 22-30-12; 1/

(2) Treats, stores or disposes of any hazardous waste identified or listed under this chapter without having obtained a permit or interim status therefor under this chapter; provided, however, that any generator of a hazardous waste identified or listed under this chapter who stores such waste on-site in compliance with the applicable rules promulgated under this chapter for 90 days or less shall not be in violation of this subsection;

(3) Through his handling of any hazardous waste allows such waste to contaminate groundwater without having obtained a permit under this chapter; or, if permitted, violates the conditions of such permit;

(4) Makes, furnishes or files any material false statement, representation or omission in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with this chapter;

(5) Destroys, alters, conceals or fails to maintain or file any application, label, manifest, record, report or other document required to be maintained of filed for purposes of compliance with this chapter; or

(6) Violates any provision of this chapter, any rule or regulation promulgated by the department, any provision of any permit issued by the department or any provision or any order issued under this chapter shall, upon conviction, be subject to a term of imprisonment of not more than ten years nor less than one year and one day and in addition, may be fined not more than $50,000.00 for each violation; provided that if the conviction is for a violation committed after a first conviction of such person, under this chapter, such person shall be subject to a term of imprisonment of not more than 20 years nor less than two years and in addition, may be fined not more than $100,000.00 for each violation. Each day such violation continues shall constitute a separate violation for purposes of this subsection.

STATE : ALABAMA

FOOTNOTES:

1/ Interim status under section 22-30-12: treated by reason of compliance with standards under that section as if a permit had been issued.

STATUTE :

Alabama Hazardous Wastes Management and Minimization Act, 22-30-19

Code of Alabama, Title 22, Health and Mental, Chapter 30 - Hazardous Wastes Management (BNA State Solid Waste - Land Use, p. 1101:0207)

REVIEWED ON : November 1992

STATUTORY TEXT :

If a person or governmental agency begins construction on a work or project or use for which notice is required by AS 16.05.870 without first providing plans and specifications subject to the approval of the commissioner 1/ for the proper protection of fish and game, and without first having obtained written approval of the commissioner as to the adequacy of the plans and specifications submitted for the protection of fish and game, the person or agency is guilty of a misdemeanor. 2/ If a person or governmental agency is convicted of violating AS 16.05.870 - 16.05.895 3/ or continues a use, work or project without fully complying with AS 16.05.870 - 16.05.895, the use, work or project is a public nuisance and is subject to abatement. The cost of restoring a specified river, lake, or stream to its original condition shall be borne by the violator and shall be in addition to the penalty imposed by the court.

STATE : ALASKA

FOOTNOTES :

1/ Commissioner: Commissioner of Department of Fish and Game.

2/ Misdemeanor: Imprisonment of up to 1 year plus fine of up to $5,000 for individual; fine of up to $200,000 ($500,000 if results in death) or twice gain realized or loss caused (whichever greater), if organization.

3/ Sections 16.05.870 through 16.05.895: Protection of anadromous fish.

STATUTE :

AS 16.05.880. Construction without approval prohibited.

Alaska Statutes, Title 16, Fish and Game, Chapter 5 - Fish and Game Code

REVIEWED ON : November 1992

STATUTORY TEXT :

(e) A person other than a corporation who wilfully and knowingly violates a condition of a permit, an order issued under AS 27.21.240, or an order incorporated in a final decision under this chapter, except an order incorporated in a decision issued under (c) of this section, is guilty of a class C felony.

(f) If a corporation violates a condition of a permit, an order issued under AS 27.21.240, or an order incorporated in a final decision issued by the commissioner under this chapter, except an order incorporated in a decision issued under (c) of this section, a director, officer, or agent of the corporation who wilfully and knowingly authorized, ordered, or carried out the violation is subject to a civil penalty under (a) - (d) of this section and is guilty of a class C felony.

(g) A person who knowingly makes a false statement, representation, or certification, or knowingly fails to make a required statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter is guilty of a class C felony.

(i) A person who, except as permitted by law, wilfully resists, prevents, impedes, or interferes with the commissioner in the performance of duties under this chapter is guilty of a class C felony.

STATE : ALASKA

STATUTE :

Alaska Surface Coal Mining Control and Reclamation Act, 27.21.250.

Penalties, Alaska Statutes, Title 27 - Mining, Chapter 21 - Alaska Surface Coal Mining Control and Reclamation Act

(BNA Mining, p. 1506:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

(A) A person commits the crime of reckless operation of a tank vessel when, by recklessly operating, navigating, or piloting a tank vessel, the person causes a release of a hazardous substance and the release causes serious physical injury to another person or damage to the property of another.

(B) Reckless operation of a tank vessel is a class C felony. 1/

STATE : ALASKA

FOOTNOTES :

1/ Class C felony: Imprisonment of up to 5 years plus fine of up to $50,000 for individual; fine of up to $500,000 or twice gain realized or loss caused (whichever greater), if organization.

STATUTE :

AS 46.03.742. Reckless operation of tank vessel.

Alaska Statutes, Title 46, Water, Air, Energy and Environmental Conservation, Chapter 3, Environmental Conservation

REVIEWED ON : November 1992

STATUTORY TEXT :

(A) A person commits the crime of negligent operation of a tank vessel when, by operating, navigating, or piloting a tank vessel with ciminal negligence, the person creates an unjustifiable risk of a release of a hazardous substance or an unjustifiable risk of harm to a person or property.

(B) Negligent operation of a tank vessel is a class A misdemeanor. 1/

STATE : ALASKA

FOOTNOTES :

1/ Class A misdemeanor: Imprisonment of up to 1 year plus fine of up to $5,000 for individual; fine of up to $200,000 ($500,000 if results in death) or twice gain realized or loss caused (whichever greater), if organization.

STATUTE :

AS 46.03.743. Negligent operation of tank vessel.

Alaska Statutes, Title 46, Water, Air, Energy and Environmental Conservation, Chapter 3, Environmental Conservation

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor 1/ if the person with criminal negligence

(1) violates a provision of this chapter, 2/ AS 46.04, or AS 46.09, 3/ a regulation or order of the department, 4/ or a permit, approval, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, or AS 46.09;

(2) fails to provide information or provides false information required by AS 46.03.755, 5/ AS 46.04, or AS 46.09, or by a regulation adopted by the department under AS 46.03.755, AS 46.04, or AS 46.09; or

(3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS 46.03.250 - 46.03.314 6/ applicable to hazardous wastes or a regulation adopted by the department under AS 46.03.250 - 46.03.314.

(c) Each day on which a violation described in this section occurs is considered a separate violation.

(d) Notwithstanding (a) of this section, a person who with criminal negliglence discharges oil in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04.030, with criminal negligence fails to comply with the plan is guilty of

(1) a class C felony 7/ if the oil discharge is 10,000 barrels or more;

(2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.

STATE : ALASKA

FOOTNOTES :

1/ Class A misdemeanor: imprisonment of up to 1 year plus fine of up to $5,000 for individual; fine of up to $200,000 ($500,000 if results in death) or twice gain realized or loss caused (whichever greater), if organization.

2/ Chapter: Environmental conservation, including water pollution control, waste disposal, air pollution control, radiation and hazardous waste protection and pesticide control.

3/ Sections 46.04 and 46.09: Oil pollution and hazardous substance release control.

4/ Department: Department of Environmental Conservation.

5/ Section 46.03.755: Discharge reporting.

6/ Sections 46.03.250 through 46.03.314: Radiation and hazardous waste protection.

7/ Class C felony: imprisonment of up to 5 years plus fine of up to $50,000 for individual; fine of up to $500,000 or twice gain realized or loss caused (whichever greater), if organization.

STATUTE :

Alaska Environmental Conservation Law, 46.03.790 - Criminal Penalties, Alaska Statutes, Title 46, Water, Air, Energy and Environmental Conservation, Chapter 3, Environmental Conservation

(BNA State Water Laws, p. 706:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) A person is guilty of creating or maintaining a nuisance if the person puts a dead animal carcass, or part of one, excrement, or a putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner befouls, pollutes, or impairs the quality of, a spring, brook, creek, branch, well, or pond of water that is or may be used for domestic purposes.

(b) A person who neglects or refuses to abate the nuisance upon order of the department is guilty of a misdemeanor and is punishable as provided in AS 46.03.790. 1/ In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance.

STATE : ALASKA

FOOTNOTES :

1/ Punishment for misdemeanor under section 46.03.790: Imprisonment of up to 1 year plus fine of up to $5,000 for individual; fine of up to $200,000 ($500,000 if results in death) or twice gain realized or loss caused (whichever greater), if organization.

STATUTE :

Alaska Environmental Conservation Law, 46.03.800 - Water Nuisances, Alaska Statutes, Title 46, Water, Air, Energy and Environmental Conservation, Chapter 3, Environmental Conservation

(BNA State Water Laws, p. 706:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) A person is guilty of creating or maintaining a nuisance if the person:

(1) places or deposits upon a lot, street, beach, or premises, or upon or anywhere within 200 feet of a public highway, any garbage, offal, dead animals, or any other matter or thing, that would be obnoxious or cause the spread of disease or in any way endanger the health of the community;

(2) allows to be placed or deposited upon any premises owned by the person or under the person's control garbage, offal, dead animals, or any other matter or thing that would be obnoxious or offensive to the public or that would produce, aggravate, or cause the spread of disease or in any way endanger the health of the community.

(b) A person who neglects or refuses to abate the nuisance upon order of an officer of the Department of Environmental Conservation is guilty of a misdemeanor and is punishable as provided in AS 46.03.790. 1/ In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance.

STATE : ALASKA

FOOTNOTES :

1/ Punishment for misdemeanor under section 46.03.790: Imprisonment of up to 1 year plus fine of up to $5,000 for individual; fine of up to $200,000 ($500,000 if results in death) or twice gain realized or loss caused (whichever greater), if organization.

STATUTE :

46.03.810 - Environmental Conservation, Air and Land nuisances

Alaska Statutes, Title 46, Water, Air, Energy and Environmental Conservation, Chapter 3, Environmental Conservation

REVIEWED ON : November 1992

STATUTORY TEXT :

A. A person commits criminal littering or polluting if such person without lawful authority does any of the following:

1. Throws, places, drops or permits to be dropped on public property or property of another which is not a lawful dump any litter, destructive or injurious material which he does not immediately remove.

2. Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines withing the state.

3. Dumps any earth, soil, stones, ores or minerals on any land.

B. Criminal littering or polluting is punished as follows:

1. A class 6 felony 1/ if a knowing violation of subsection A in which the amount of litter or other prohibited material or substance exceeds three hundred pounds in weight or one hundred cubic feet in volume or is done in any quantity for a commercial purpose.

2. A class 1 misdemeanor 2/ if the act is not punishable under paragraph 1 of this subsection and involves placing any destructive or injurious material on or within fifty feet of a highway, beach or shoreline of any body of water used by the public.

3. A class 2 misdemeanor 3/ if not punishable under paragraph 1 or 2 of this subsection.

STATE : ARIZONA

FOOTNOTES :

1/ Class 6 felony: imprisonment of up to one and eighty-seven hundredth years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

2/ Class 1 misdemeanor: imprisonment of up to six months or fine up to a maximum of $2,500, or both; for an enterprise, fine up to $20,000.

3/ Class 2 misdemeanor: imprisonment of up to four months or fine up to a maximum of $750 or both; for an enterprise, fine up to $10,000.

STATUTE :

Section 13-1603. Criminal littering or polluting; classification

Arizona Revised Statutes, Title 13

REVIEWED ON : March 1993

STATUTORY TEXT :

Beginning September 1, 1992, a person who knowingly transports hazardous waste without a license as required by this section is guilty of a class 6 felony. 1/

STATE : ARIZONA

FOOTNOTES :

1/ Class 6 felony: imprisonment of up to one and eighty-seven hundredth years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

STATUTE :

Section 28-2421. Penalties (Hazardous Waste Transport)

Arizona Revised Statutes, Title 24

REVIEWED ON : March 1993

STATUTORY TEXT :

A person who knowingly transports special waste without a license as required by this section is guilty of a class 6 felony. 1/

STATE : ARIZONA

FOOTNOTES :

1/ Class 6 felony: imprisonment of up to one and eighty-seven hundredth years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

STATUTE :

Section 28-2422. Penalties (Special Waste Transport)

Arizona Revised Statutes, Title 24

REVIEWED ON : March 1993

STATUTORY TEXT :

A. It is unlawful to:

1. Discharge without a permit or appropriate authority under this chapter. 1/

2. Fail to monitor, sample or report discharges as required by a permit issued under this chapter.

3. Violate a discharge limitation specified in a permit issued under this chapter.

4. Violate a water quality standard.

B. A person who with criminal negligence performs an act prohibited under subsection A of this section is guilty of a class 6 felony. 2/

C. A person who knowingly performs an act prohibited under subsection A of this section is guilty of a class 5 felony. 3/

D. A person who knowingly or recklessly manifests an extreme indifference for human life in performing an act prohibited under subsection A of this section is guilty of a class 2 felony. 4/

E. A violation of any provision of this chapter for which a penalty is not otherwise prescribed is a class 2 misdemeanor. 5/

STATE : ARIZONA

FOOTNOTES :

1/ Chapter: Water Quality Control.

2/ Class 6 felony: imprisonment of up to one and eighty-seven hundredth years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

3/ Class 5 felony: imprisonment of up to two and one-half years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

4/ Class 2 felony: imprisonment of up to fourteen years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

5/ Class 2 misdemeanor: imprisonment of up to four months or fine up to a maximum of $750, or both; for an enterprise, fine up to $10,000.

STATUTE :

Arizona Water Quality Control Law, 49-263. Criminal violations; classification; definition

Arizona Revised Statutes, Title 49 - The Environment; Chapter 2 - Water Quality Control

(BNA State Water Laws, p. 711:0111)

REVIEWED ON : March 1993

STATUTORY TEXT :

A. Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article or any effective order of abatement issued pursuant to this article is guilty of an offense punishable by imposition of a fine of not less than fifty dollars or more than one thousand dollars per day for each day the violation continues. Each day of violation shall constitute a separate offense.

B. Any person who violates any provision of article 3, of this chapter or any rule or regulation adopted pursuant to such article or any effective order of abatement issued pursuant to such article is subject to penalties prescribed in section 49-502, notwithstanding the fact that such provisions, rules, regulations or orders of abatement are being enforced by the department pursuant to section 49-402.

STATE : ARIZONA

STATUTE :

County Air Pollution Control Act, Section 49-451. Violation; classification (Article 2 - State Air Pollution Control)

Arizona Revised Statutes, Title 49 - The Environment; Chapter 3 - Air Quality; Article 1-7

(BNA State Air Laws, p. 311:0112)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates any provision of this article 1/ or any rule or regulation adopted pursuant to this article or any effective order of abatement issued pursuant to this article is guilty of a class 1 misdemeanor 2/ for each day the violation continues unless another classification is specifically prescribed in this article. Each day of violation shall constitute a separate offense. Peace officers and the control officer and his deputies shall have the authority to issue a notice to appear under the same conditions and procedures set forth in section 13-3903 3/ for a violation of any provision of this article or any rule or regulation adopted pursuant to this article or any effective order of abatement issued pursuant to this article.

STATE : ARIZONA

FOOTNOTES :

1/ Article: County Air Pollution Control.

2/ Class 1 misdemeanor: imprisonment of up to six months or fine up to a maximum of $2,500, or both; for an enterprise, fine up to $20,000.

3/ Section 13-3903: Notice to appear and complaint.

STATUTE :

County Air Pollution Control Act, Section 49-502. Violation; classification (Article 3 - County Air Pollution)

Arizona Revised Statutes, Title 49 - The Environment; Chapter 3 - Air Quality; Article 1-7

(BNA State Air Laws, p. 311:0501)

REVIEWED ON : March 1993

STATUTORY TEXT :

A. Except as provided in subsection B of this section, any person who violates any provision of this article or any rule or regulation of the director adopted under this article is guilty of a class 2 misdemeanor.

B. Any person who makes or issues any imitation or conterfeit of an official certificate or certificates of inspection or waiver, is guilty of a class 5 felony.

C. Any person who knowingly demands or collects a fee for the inspection of a vehicle other than the fee fixed by the director for the inspection of vehicles of the same class is guilty of a class 2 misdemeanor.

D. Any person who makes or provides to the director the written statement required to obtain a certificate of waiver pursuant to section 49-542, subsection J, knowing the statement to be false, is guilty of a class 2 misdemeanor.

STATE : ARIZONA

STATUTE :

County Air Pollution Control Act, Section 49-550. Violation; classification; civil penalty (Article 5 - Annual Emissions Inspection of Motor Vehicles)

Arizona Revised Statutes, Title 49 - The Environment; Chapter 3 - Air Quality; Article 1-7

(BNA State Air Laws, p. 311:0129)

REVIEWED ON : March 1993

STATUTORY TEXT :

A. A person shall not:

1. Practice open burning at a public facility without a variance approval issued by the board. 1/

2. Scavenge at a public facility.

3. Damage or destroy signs posted at a public facility.

4. Dump solid waste on public or private land in violation of the provisions of this chapter 2/ or any rule or regulation promulgated under this chapter.

B. A violation of subsection A of this section is a class 2 misdemeanor. 3/

D. Beginning January 1, 1993, a person shall not:

1. Practice open burning at a solid waste facility without a variance approval issued by the director. 4/

2. Scavenge at a solid waste facility.

3. Damage or destroy signs posted at a solid waste facility.

4. Dump solid waste on public or private land in violation of the provisions of this chapter or any rule adopted under this chapter.

5. Dispose of solid waste in violation of sections 49-761 5/ and 49-762. 6/

6. Operate a facility in a manner inconsistent with the approved solid waste facility plan.

E. A violation of subsection D of this section is a class 2 misdemeanor.

STATE : ARIZONA

FOOTNOTES :

1/ Board: Solid Waste Management Board.

2/ Chapter: Solid Waste Management.

3/ Class 2 misdemeanor: imprisonment of up to four months or fine up to a maximum of $750, or both; for an enterprise, fine up to $10,000.

4/ Director: Director of Environmental Quality.

5/ Section 49-761: Department rules; standards for solid waste management; variances; cease and desist order.

6/ Section 49-762: Solid waste facility plan approval; exemption.

STATUTE :

Arizona Solid Waste Management Law, 49-791. Violation; classification; civil penalties

Arizona Revised Statutes, Title 49 - The Environment; Chapter 4 - Solid Waste Management; Articles 1-6

(BNA State Solid Waste - Land Use, p. 1111:0105)

REVIEWED ON : March 1993

STATUTORY TEXT :

A. A person who knowingly violates the requirements of section 49-803, 49-804, 49-805, 49-807 or 49-808 is guilty of a class 2 misdemeanor.

STATE : ARIZONA

STATUTE :

Arizona Management of Used Oil Act, Section 49-810. Violation; classification

Arizona Revised Statutes, Title 49 - Public Health and Safety; Chapter 4 - Solid Waste Management; Article 7

(BNA State Solid Waste - Land Use, p. 1111:0205)

REVIEWED ON : March 1993

STATUTORY TEXT :

A. A person who knowingly does any of the following is guilty of a class 5 felony 1/ a person who recklessly does any of the following is guilty of a class 6 felony 2/ and a person who knowingly or recklessly manifests an extreme indifference for human life in doing any of the following is guilty of a class 3 felony: 3/

1. Transports any hazardous waste to a facility not authorized to receive that hazardous waste under this article 4/ or under the federal act. 5/

2. Causes or allows any hazardous waste to be transported to a facility not authorized to receive that hazardous waste under this article or under the federal act.

3. Treats, stores, transports or disposes of hazardous waste without appropriate authority under this article or under the federal act or in violation of a permit condition issued pursuant to this article or an interim status standard adopted pursuant to this article and the violation is one which is likely to cause a serious and adverse effect on the public health, public safety, or the environment.

B. A person who knowingly does any of the following is guilty of a class 6 felony:

1. Fails to file a hazardous waste manifest required to be filed to comply with this article or the rules adopted pursuant to this article.

2. Transports, or causes to be transported, hazardous waste without a manifest as required under this article or the rules adopted pursuant to this article.

STATE : ARIZONA

FOOTNOTES :

1/ Class 5 felony: imprisonment of up to two and one-half years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

2/ Class 6 felony: imprisonment of up to one and eighty-seven hundredth years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

3/ Class 3 felony: imprisonment of up to ten years or fine up to a maximum of $150,000, or both; for an enterprise, fine up to $1,000,000.

4/ This Article: Hazardous Waste Management.

5/ Federal Act: RCRA.

6/ Interim status standard: treated by reason of compliance with such standard as if a permit had been issued.

STATUTE :

Arizona Hazardous Waste Disposal Law, 49-925. Violation; classification

Arizona Revised Statutes, Title 49 - The Environment; Chapter 5 - Hazardous Waste Disposal; Articles 1-3

(BNA State Solid Waste - Land Use, p. 1111:0144)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who violates any provision of this chapter or commits any unlawful act under this chapter or violates any rule, regulation, or order of the Arkansas Pollution Control and Ecology Commission shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. Any person who violates any provision of this chapter or commits any unlawful act under this chapter or violates any rule, regulation, or order of the commission and leaves the state or removes himself from the jurisdiction of this state shall be guilty of a felony. Upon conviction, that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than ten thousand dollars ($10,000), or both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(d) Except as permitted by law, any person who shall willfully resist, prevent, impede, or interfere with the Director of the Department of Pollution Control and Ecology or any authorized employees or agents of the department in the performance of duties pursuant to this chapter shall be guilty of a misdemeanor and may, upon conviction, be punished by a criminal penalty of not more than one thousand dollars ($1,000) or by imprisonment of not more than thirty (30) days, or by both.

STATE : ARKANSAS

STATUTE :

Arkansas Water and Air Pollution Control Act, 8-4-103. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 4 - Water and Air Pollution Control Act, Subchapter 1 - General Provisions and Subchapter 2 - Water Pollution

(BNA State Water Laws, p. 716:0101)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule, regulation, or order of the commission shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or subject to both fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. Any person who violates any provisions of this subchapter or commits any unlawful act under this subchapter or violates any rule, regulation, or order of the commission and leaves the state or removes his person from the jurisdiction of this state shall be guilty of a felony. Upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or subject to both fine and imprisonment. Each day or part of a day during which such violation was continued or repeated within the state shall constitute a separate offense.

(b) Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Department of Pollution Control and Ecology or any authorized employees or agents of the department in the performance of duties pursuant to this subchapter shall be guilty of a misdemeanor. Upon conviction, that person shall be punished by a criminal penalty of not more than one thousand dollars ($1,000) or by imprisonment of not more than thirty (30) days, or by both.

STATUTORY TEXT :

(a)(1)(A) Every person convicted of a violation of Section 8-6-406 1/ or Section 8-6-407 2/ shall be guilty of a Class B misdemeanor 3/ for a first offense and a Class A misdemeanor 4/ for a second or subsequent offense.

(B) Any time any person supplies information to law enforcement officials which leads to the conviction of a person who violates this subchapter, 5/ the person giving such information is entitled to a reward of one-half (1/2) the amount imposed by the fine, if any, to the violator.

(2) In addition to those penalties, any violator may also be required to remove litter from alongside highways and at other appropriate locations for any prescribed period:

(b) Any person who violates Section 8-6-406 or Section 8-6-407 and who is found to have committed the prohibited acts in furtherance of or as a part of a commercial enterprise, whether or not that enterprise is the disposal of wastes, shall be guilty of commercial littering and shall be guilty of a Class A misdemeanor. Additionally, those convicted may be required to remove any litter disposed of in violation of this subchapter.

(c)(1) Any person who violates any provision of Section 8-6-408 6/ shall be guilty of a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense.

(2) Any time any person supplies information to law enforcement officials which leads to the conviction of a person that violates this section, the person giving such information is entitled to a reward of one-half (1/2) the amount imposed by the fine, if any, to the violator.

STATE : ARKANSAS

STATE : ARKANSAS

FOOTNOTES :

1/ Section 8-6-406: Section prohibiting litter and exceptions.

2/ Section 8-6-407: Commercial Refuse Hauling by uncovered vehicles.

3/ Class B Misdemeanor: imprisonment of up to 90 days, or fine of up to $500, or both.

4/ Class A Misdemeanor: imprisonment of up to 1 year, or fine of up to $1,000, or both.

5/ Subchapter: County Solid Waste Management system and Fund.

6/ Section 8-6-408: Discarding certain items prohibited (vehicles, tires, appliances, etc.).

STATUTE :

Arkansas Solid Waste Management Act, 8-6-204. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 6 - Disposal of Solid Wastes and Other Refuse, Subchapter 2 - Solid Waste Management Act

(BNA State Solid Waste - Land Use, p. 1116:0101)

STATUTE :

Arkansas Solid Waste Management Act, 8-6-404. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law,

Chapter 6 - Disposal of Solid Wastes and Other Refuse,

Subchapter 4 - Litter Control Act

REVIEWED ON : November 1992

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) For the purposes of this subchapter, a person shall be guilty of a felony if that person:

(1) Knowingly disposes, dumps, or abandons hazardous waste at any site or facility other than the one at which such activity is authorized by permit or regulation issued pursuant to this subchapter; or

(2) Knowingly violates any condition or requirement of this subchapter or any applicable regulation, permit, or order issued pursuant to this subchapter and which violation thereby directly and proximately causes hazardous waste to be disposed or released into the environment of this state in a manner not authorized by this subchapter or permits and regulations issued pursuant to this subchapter; or

(3) Knowingly violates any condition or requirement of this subchapter or any applicable regulation, permit, or order issued pursuant to this subchapter and leaves the state or removes his person from the jurisdiction of this state for the purpose of avoiding civil or criminal prosecution for such violation; or

(4) Willfully resists, impedes, or interferes with the director or any authorized employees of the department or law enforcement officers in the performance of duties pursuant to this subchapter; or

(5) Knowingly submits materially false information or makes materially false statements to the director or to authorized employees of the department or law enforcement officers with respect to information required to be submitted or reported pursuant to the authority of this subchapter.

(b)(1) Upon conviction, that person shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment for not more than five (5) years, or both such fine and imprisonment;

(2) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense;

(3) For all other purposes other than disposition, the offense shall be a Class C felony.

(c)(1) Any person who knowingly violates any condition or requirement of this subchapter, or any applicable regulation, permit, or order issued pursuant to this subchapter, and who knows at the time that he thereby directly and proximately places another person in imminent danger of death or serious bodily injury shall be guilty of a felony;

(2) Upon conviction, that person shall be subject to a fine of not more than twenty-five thousand dollars ($25,000), or imprisonment for not more than twenty (20) years, or both such fine and imprisonment;

(3) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense;

(4) For all other purposes other than disposition, the offense shall be a Class B felony.

(d) Notwithstanding the limit on fines imposed by subsections (a), (b), or (c) of this section, if a person convicted of an offense specified in subsections (a), (b), or (c) of this section has derived pecuniary gain from commission of the offense, then he may be sentenced to pay a fine not exceeding double the amount of such pecumiary gain.

STATE : ARKANSAS

STATUTE :

Arkansas Hazardous Waste Management Act, 8-7-204. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 7 - Hazardous Substances, Subchapter 2 - Hazardous Waste Management Act

(BNA State Solid Waste - Land Use, p. 1116:0122)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who commits any unlawful act shall be guilty of a misdemeanor and upon conviction shall be subject to criminal penalties consisting of imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or by both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

STATE : ARKANSAS

STATUTE :

Arkansas Resource Reclamation Act, 8-7-306. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 7 - Hazardous Substances, Subchapter 3 - Resource Reclamation Act

(BNA State Solid Waste - Land Use, p. 1116:0142)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a)(1) Any person who commits any unlawful act under this subchapter 1/ shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or to a fine of not more than ten thousand dollars ($10,000), or to both fine and imprisonment.

(2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

STATE : ARKANSAS

FOOTNOTES :

1/ Subchapter: Emergency Response Fund Act.

STATUTE :

Arkansas Emergency Response Fund Act, 8-7-404. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 7 - Hazardous Substances, Subchapter 4 - Emergency Response

(BNA State Water Laws, p. 716:0122)

REVIEWED ON : November 1992

STATUTORY TEXT :

(1) Any person who commits any unlawful act under this subchapter 1/ shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both fine and imprisonment.

(2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

STATE : ARKANSAS

FOOTNOTES :

1/ Subchapter: Remedial Action Trust Fund Act.

STATUTE :

Arkansas Remedial Action Trust Fund Act, 8-7-504. Penalties.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 7 - Hazardous Substances, Subchapter 5 - Remedial Action Trust

(BNA State Solid Waste - Land Use, p. 1116:0162)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who violates any provision of subchapter 3 or 4 herein, or of any rule, regulation or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act at Section 8-6-204, as amended.

STATE : ARKANSAS

STATUTE :

Arkansas Recycling Act, 8-9-105. Penalties and Procedure.

Arkansas Code of 1987 Annotated, Title 8 - Environmental Law, Chapter 9 - Recycling

(BNA State Solid Waste - Land Use, p. 1116:0341)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who willfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order authorized by sections 15-58-301 - 15-58-303 or any order incorporated in a final decision issued by the commission or its authorized representative pursuant to this chapter and the regulations issued pursuant to this chapter or any person engaging in surface coal mining operations without a permit issued under this chapter shall be guilty of a misdemeanor and may, upon conviction, be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both. Each day during which violation or noncompliance exists shall be deemed to be a separate violation.

(b) If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued pursuant to sections 15-58-301 - 15-58-303 or any incorporated in a final decision issued by the commission or its authorized representative pursuant to this chapter and the regulations issued pursuant to this chapter, a director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be guilty of a misdemeanor and may, upon conviction, be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year or by both. Each day during which the violation or noncompliance exists shall be deemed to be a separate violation.

STATE : ARKANSAS

STATUTE :

Arkansas Surface Coal Mining and Reclamation Act,

Section 15-58-304. Violating a condition of a permit or order - Criminal Penalties. Arkansas Code of 1987 Annotated, Title 15 - Natural Resources and Economic Development, Chapter 58 - Arkansas Surface Coal Mining and Reclamation Act

(BNA Mining, p. 1516:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the director or any of his authorized representatives in the performance of duties pursuant to this chapter shall be guilty of a misdemeanor and may, upon conviction, be punished by a criminal penalty of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year, or by both.

STATE : ARKANSAS

STATUTE :

Arkansas Surface Coal Mining and Reclamation Act, Section 15-58-305. Interfering with the director or his agents - Criminal Penalties. Arkansas Code of 1987 Annotated, Title 15 - Natural Resources and Economic Development, Chapter 58 - Arkansas Surface Coal Mining and Reclamation Act

(BNA Mining, p. 1516:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter shall be guilty of a misdemeanor and may, upon conviction, be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year or by both.

STATE : ARKANSAS

STATUTE :

Arkansas Surface Coal Mining and Reclamation Act, Section 15-58-306. False statement, representation, or certification - Criminal penalties. Arkansas Code of 1987 Annotated, Title 15 - Natural Resources and Economic Development, Chapter 58 - Arkansas Surface Coal Mining and Reclamation Act

(BNA Mining, p. 1516:0109)

REVIEWED ON : November 1992

STATUTORY TEXT :

Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. 1/

STATE : CALIFORNIA

FOOTNOTES :

1/ Public Nuisance: Punishable as misdemeanor - fine of up to $1,000 or imprisonment of up to 1 year, or both.

STATUTE :

Section 370. Public nuisance

California Penal Code

REVIEWED ON : March 1993

STATUTORY TEXT :

4038.(a) Any person who knowingly does any of the following act may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail not to exceed one year, or by both the fine and imprisonment:

(1) Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this chapter.

(2) Has in his or her possession any record required to be maintained pursuant to this chapter which has been altered or concealed.

(3) Destroys, alters, or conceals any record required to be maintained pursuant to this chapter.

(4) Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the department in writing and is required to carry out the department's responsibilities pursuant to this chapter in response to an imminent and substantial danger.

(5) Violates an order issued by the department pursuant to this chapter which has a substantial probability of presenting an imminent danger to the health of persons.

(6) Operates a public water system without a permit issued by the department pursuant to this chapter.

(b) If the conviction under subdivision (a) is for a violation committed after a first conviction of the person under this section, the person may be punished by imprisonment in the state prison for up to 24 months, or in the county jail for not to exceed one year, or by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both the fine and imprisonment.

4039.(a) In order to carry out the purposes of this chapter, any duly authorized representative of the department may, at any reasonable hour of the day, do any of the following:

(1) Enter and inspect any public water system or any place where the public water system records are stored, kept, or maintained.

(2) Inspect and copy any records, reports, test results, or other information required to carry out this chapter.

(3) Set up and maintain monitoring equipment for purposes of assessing compliance with this chapter.

(4) Obtain samples of the water supply.

(5) Photograph any portion of the system, any activity, or any sample taken.

(b) The department shall inspect each public water system at least annually, and shall provide an opportunity for a representative of the public water system to accompany the representative of the department during the inspection of the water system.

(c) It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way any duly authorized representative of the department from undertaking the activities authorized by subdivision (a).

4039.6(a) Any person who tampers with a public water system is guilty of a felony and shall be punished by imprisonment in the state prison for three, four, or five years, subject to a fine not to exceed thirty thousand dollars ($30,000), or both.

(b) Any person who tampers with or makes a threat to tamper with a public water system is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, two, or three years, subject to a fine not to exceed twenty thousand dollars ($20,000), or both.

STATE : CALIFORNIA

STATUTE :

California Safe Drinking Water Act of 1989, 4038 to 4039.6

(Article 9, Crimes and Penalties)

California Health and Safety Code, Division 5 - Sanitation, Part 1 - Sanitary Provisions, Chapter 7 - California Safe Drinking Water Act

(BNA State Water Laws, p. 721:0312)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who commits any of the following acts, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison:

(1) Except as provided in Section 8670.27, 1/ knowingly fails to follow the direction or orders of the administrator 2/ in connection with an oil spill.

(2) Knowingly fails to notify the Coast Guard that a tanker is disabled within one hour of the disability and the tanker, while disabled, discharges oil which enters marine waters.

(3) Knowingly engages in or causes the discharge or spill of oil into marine waters, or any person who reasonably should have known that he or she was engaging in or causing the discharge or spill of oil into marine waters, unless the discharge is authorized by the United States, the state, or another agency with appropriate jurisdiction.

(4) Knowingly fails to begin cleanup, abatement, or removal of spilled oil as required in Section 8670.25. 3/

(b) The court shall also impose upon a person convicted of violating subdivision (a), a fine of not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000) for each violation. For purposes of this subdivision, each day or partial day that a violation occurs is a separate violation.

(c) Any person who knowingly does any of the following acts shall, upon conviction, be punished by a fine of not less than two thousand five hundred dollars ($2,500) or more than than two hundred fifty thousand dollars ($250,000), or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. Each day or partial day that a violation occurs is a separate violation. If the conviction is for a second or subsequent violation of this subdivision, the person shall be punished by imprisonment in the state prison or in the county jail for not more than one year, or by a fine of not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000), or by both the fine and imprisonment:

(1) Fails to notify the Office of Emergency Services in violation of Section 8670.25.

(2) Continues operations for which contingency plans are required without a contingency plan approved pursuant to Article 5 4/ (commencing with Section 8670.28).

(3) Except as provided in Section 8670.27, knowingly fails to follow the material provisions of the applicable contingency plans.

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 8670.27: responsible parties and others required to carry out response and cleanup operations according to contingency plans, with good faith exception.

2/ Administrator: administrator for oil spill response appointed by the Governor.

3/ Section 8670.25: obligation to initiate cleanup activities immediately upon spill.

4/ Article 5: Contingency planning.

STATUTE :

California Oil Spill Response Act, 8670.64

California Government Code, Division 1 - General, Chapter 7.4 - Oil Spill Response and Contingency Planning

(BNA State Water Laws, p. 721:0377)

REVIEWED ON : March 1993

STATUTORY TEXT :

Except as otherwise provided in Section 8670.64, 1/ any person who knowingly violates any provision of this chapter, 2/ or Division 7.8 3/ (commencing with Section 8750) of the Public Resources Code, or any permit, rule, regulation, standard, cease and desist order, or requirement issued or adopted pursuant to this act 4/ is, upon conviction, guilty of a misdemeanor, punishable by a fine of not more than fifty thousand dollars ($50,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 8670.64: Oil spills (see above).

2/ Chapter: Oil Spill Response and Contingency Planning.

3/ Division 7.8: Oil Spill Prevention and Response.

4/ Act: Oil Spill Prevention and Response Act.

STATUTE :

California Oil Spill Response Act, 8670.65

California Government Code, Division 1 - General, Chapter 7.4 - Oil Spill Response and Contingency Planning

(BNA State Water Laws, p. 721:0377)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Every person who violates any provision of this division 1/ relating to pesticides, or any regulation issued pursuant to a provision of this division relating to pesticides, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or by imprisonment of not more than six months, or by both fine and imprisonment. Upon a second or subsequent conviction of the same provision of this division relating to pesticides, a person shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment of not more than six months or by both fine and imprisonment. Each violation constitutes a separate offense.

(b) Notwitstanding the penalties prescribed in subdivision (a), if the offense involves an intentional or negligent violation which created or reasonably could have created a hazard to human health or the environment, the convicted person shall be punished by imprisonment in the county jail not exceeding one year or in the state prison or by fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000), or by both the fine and imprisonment.

STATE : CALIFORNIA

FOOTNOTES :

1/ division: Division 7 - Agricultural chemicals, livestock, remedies and commercial feeds.

STATUTE :

Section 12996. Violations of provisions as misdemeanor; Sanctions (Pesticides)

California Food and Agriculture Code

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person failing to furnish a report or pay a fee under Section 13260 1/ when so requested by a regional board 2/ is guilty of a misdemeanor. 3/

(c) Any person discharging or proposing to discharge hazardous waste, as defined in Section 25117 4/ who knowingly furnishes a false report under Section 13260, 5/ of the Health and Safety Code, or who either willfully fails to furnish a report or willfully withholds material information under Section 13260 despite actual knowledge of such requirement, may be liable in accordance with subdivision (d) and is guilty of a misdemeanor.

This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370). 6/

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 13260: Report of Discharge.

2/ Regional Board: Regional Water Quality Control Board.

3/ Misdemeanor: imprisonment of up to 6 months or fine of up to $1,000, or both.

4/ Section 25117: Hazardous Waste - Health and Safety Code.

5/ Section 13260: Reports on discharge or plans to discharge.

6/ Chapter 5.5: Compliance with Provisions of Federal Water Pollution Control Act as amended in 1972.

STATUTE :

California Porter-Cologne Water Quality Act, 13261

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0109)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person discharging waste in violation of Section 13264, 1/ after such violation has been called to his attention in writing by the regional board, 2/ is guilty of a misdemeanor. 3/ Each day of such discharge shall constitute a separate offense.

(c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, in violation of Section 13264 is guilty of a misdemeanor. That liability shall not be imposed if the discharger is not negligent and immediately files a report of the discharge with the board, or if the regional board determines that the violation of Section 13264 was insubstantial.

This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370). 4/

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 13264: Prohibition of waste discharge in absence of report.

2/ Regional Board: Regional Water Quality Control Board.

3/ Misdemeanor: imprisonment of up to 6 months or fine of up to $1,000, or both.

4/ Chapter 5.5: Compliance with provisions of Federal Water Pollution Control Act, as amended in 1972.

STATUTE :

California Porter-Cologne Water Quality Act, 13265

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0111)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, 1/ or falsifying any information provided therein, is guilty of a misdemeanor. 2/

(c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, knowingly failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or knowingly falsifying any information provided therein, is guilty of a misdemeanor.

This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370). 3/

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 13267(B): Regional Board's Investigation requiring technical or monitoring reports.

2/ Misdemeanor: imprisonment of up to 6 months or fine of up to $1,000, or both.

3/ Chapter 5.5: Compliance with provisions of Federal Water Pollution Control Act, as amended in 1972.

STATUTE :

California Porter-Cologne Water Quality Act, 13268

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0112)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment of not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land which does not result in a discharge to the waters of this state.

STATE : CALIFORNIA

STATUTE :

California Porter-Cologne Water Quality Act, 13271(c)

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0112)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each day of failure to notify, or imprisonment of not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land which does not result in a discharge to the waters of this state. This subdivision shall not apply to any person who is fined by the federal government for a failure to report a discharge of oil.

STATE : CALIFORNIA

STATUTE :

California Porter-Cologne Water Quality Act, 13272(c)

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0113)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who intentionally or negligently does any of the following is subject to criminal penalties as provided in subdivisions (b), (c), and (d):

(1) Violates Section 13375 1/ or 13376. 2/

(2) Violates any waste discharge requirements or dredged or fill material permit.

(3) Violates any order or prohibition issued pursuant to Section 13243 3/ or 13301, 4/ if the activity subject to the order or prohibition is subject to regulation under this chapter. 5/

(4) Violates any requirement of Section 301, 302, 306, 307, 308, 318, or 405 of the Federal Water Pollution Control Act, as amended.

(5) Introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substances which the person knew or reasonably should have known could cause personal injury or property damage.

(6) Introduces any pollutant or hazardous substance into a sewer system or into a publicly owned treatment works, except in accordance with any applicable pretreatment requirements, which pollutant or hazardous substance causes the treatment works to violate waste discharge requirements.

(b) Any person who negligently commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than twenty-five thousand dollars ($25,000), for each day in which the violation occurs, or by imprisonment for not more than one year in the county jail, or both. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, subdivision (c), or subdivision (d), punishment shall be by a fine of not more than fifty thousand dollars ($50,000) for each day in which the violation occurs, or by imprisonment of not more than two years, or by both.

(c) Any person who knowingly commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than fifty thousand dollars ($50,000), for each day in which the violation occurs, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision or subdivision (d), punishment shall be by a fine of not more than one hundred thousand dollars ($100,000) for each day in which the violation occurs, or by imprisonment of not more than six years, or by both.

(d)(1) Any person who knowingly commmits any of the violations set forth in subdivision (a), and who knows at the time that the person thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than two hundred fifty thousand dollars ($250,000) or imprisonment of not more than 15 years, or both. A person which is an organization shall, upon conviction under this subdivision, be subject to a fine of not more than one million dollars ($1,000,000). If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, the maximum punishment shall be a fine of not more than five hundred thousand dollars ($500,000) or imprisonment of not more than 30 years, or both. A person which is an organization shall, upon conviction for a violation committed after a first conviction of the person under this subdivision, be subject to a fine of not more than two million dollars ($2,000,000). Any fines imposed pursuant to this subdivision shall be in addition to any fines imposed pursuant to subdivision (c).

(e) Any person who knowingly makes any false statement, representation, or certification in any record, report, plan, or other document filed with a regional board 6/ or the state board, 7/ or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division 8/ shall be punished by a fine of not more than twenty-five thousand dollars ($25,000), or by imprisoment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, punishment shall be by a fine of not more than twenty-five thousand dollars ($25,000) per day of violation, or by imprisonment of not more than four years, or by both.

(f) For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 13375: prohibited discharge of chemicals, warfare agents into water.

2/ Section 13376: reports of discharges into navigable waters.

3/ Section 13243: specification of conditions or areas where waste discharge not permitted.

4/ Section 13301: cease and desist orders; mandates, restrictions and prohibitions.

5/ Chapter: Regional Water Quality Control.

6/ Regional Board: Regional Water Quality Control Board.

7/ State Board: State Water Quality Control Board.

8/ Division: Water Quality.

STATUTE :

California Porter-Cologne Water Quality Act, 13387

California Water Code, Division 7 - Water Quality, Chapters 1-10

(BNA State Water Laws, p. 721:0122)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Except as provided in subdivision (b), in addition to any other applicable civil or criminal penalties, any person convicted of a violation of this division is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100) for each initial separate violation and not more than one thousand dollars ($1,000) for each subsequent separate violation per day.

(b) Every person who, with intent to defraud, submits a false or fraudulent claim for payment pursuant to Section 14573 or 14573.5 or who, with intent to defraud, fails to accurately report the number of beverage containers sold, as required by subdivision (b) of Section 14550, or who, with intent to defraud, fails to make payments as required by Section 14574 or who, with intent to defraud, redeems containers which have already been redeemed or returns redeemed containers to the marketplace for redemption with intent to defraud, or who submits a false or fraudulent claim for convenience incentive payments pursuant to Section 14585, is guilty of fraud. If the money obtained or withheld exceeds four hundred dollars ($400), the fraud is punishable by imprisonment in the county jail for not more than one year or by a fine not exceeding ten thousand dollars ($10,000), or by both, or by imprisonment in the state prison for 16 months, two years, or three years, or by a fine not exceeding twenty-five thousand dollars ($25,000) or twice the late or unmade payments plus interest, whichever is greater, or by both fine and imprisonment. If the money obtained or withheld equals, or is less than, four hundred dollars ($400), the fraud is punishable by imprisonment in the county jail for not more than six months or by a fine not exceeding one thousand dollars ($1,000), or by both.

STATE : CALIFORNIA

STATUTE :

California Beverage Container Acts, 14591 (First of two;

Operative until January 1, 1993)

(Chapter 8, Severability and Enforcement)

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 3 - Beverage Containers

(BNA State Solid Waste - Land Use, p. 1121:0200.15)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who violates Chapter 2 (commencing with Section 19510) or this section is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).

STATE : CALIFORNIA

STATUTE :

California Beverage Container Acts, 19535 (Division 12.9,

Fiberglass Recycled Content Act of 1991, Chapter 5. Enforcement)

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 3 - Beverage Containers

(BNA State Solid Waste - Land Use, p. 1121:0200.89)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No person shall haul, transport, store, treat, dispose, or cause the treatment or disposal of medical waste in a manner not authorized by his or her permit or registration, this chapter, or the regulations adopted pursuant to this chapter.

(b) Any person who stores, treats, disposes, or causes the treatment or disposal of medical waste in violation of this chapter or the regulations adopted pursuant to this chapter is guilty of a public offense as follows:

(1) For a small quantity, a first offense is an infraction and is punishable by a fine of not more than one thousand dollars ($1,000).

(2) For a person other than a small quantity generator or a hauler required to be a registered hazardous waste hauler, a first offense is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000), or by up to one year in county jail, or by both the fine and imprisonment.

(c) A person who is convicted of a second or subsequent violation of subdivision (a) within three years of the prior conviction shall be punished by imprisonment in the county jail for not more than one year or by imprisonment in state prison for one, two, or three years or by fine or not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000), or by both the fine and imprisonment. This section shall not apply unless any prior conviction is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. If the defendant is a corporation which operates medical facilities in more than one geographic location, this subdivision shall apply only if the offense involves an adjacent facility involved in the prior conviction.

(d) Any person who knowingly treats or disposes, or causes the treatment or disposal of, medical waste in violation of this chapter shall be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for one, two, or three years, or by a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000), or by both the fine and imprisonment.

(e) The punishment set forth in this section shall not apply to a person hauling medical waste who is required to be a registered waste hauler. Those persons shall be penalized for violations pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5.

STATE : CALIFORNIA

STATUTE :

California Medical Waste Management Act, 25097

(Article 10, Enforcement)

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.1 - Medical Waste Management Act

(BNA State Solid Waste - Land Use, p. 1121:0491)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any designated government employee who knowingly and intentionally fails to disclose information required to be disclosed under subdivision (b) shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in state prison for not more than three years. The court may also impose upon the person a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000). The felony conviction for violation of this section shall require forfeiture of government employment within thirty days of conviction.

STATE : CALIFORNIA

STATUTE :

California Hazardous Waste Control Act, 25180.7(c)

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0412)

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person who is convicted of knowingly disposing or causing the disposal of any hazardous waste, or who reasonably should have known that he or she was disposing or causing the disposal of any hazardous waste, at a facility which does not have a permit from the department 1/ issued pursuant to this chapter, 2/ or at any point which is not authorized according to this chapter shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months.

(c) Any person who knowingly transports or causes the transportation of hazardous waste, or who reasonably should have known that he or she was causing the transportation of any hazardous waste, to a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months.

(d) Any person who knowingly treats or stores any hazardous waste at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months.

(e) The court shall also impose upon a person convicted of violating subdivision (b), (c), or (d) a fine of not less than five thousand dollars ($5,000) or more than one hundred thousand dollars ($100,000) for each day of violation except as further provided in this subdivision. If the act which violated subdivision (b), (c), or (d) caused great bodily injury or caused a substantial probability that death could result, the person convicted of violating subdivision (b), (c), or (d) may be punished by imprisonment in the state prison for up to 36 months, in addition to the term specified in subdivision (b), (c), or (d), and may be fined up to two hundred fifty thousand dollars ($250,000) for each day of violation.

(f) For purposes of this section, except as otherwise provided in this subdivision, "each day of violation" means each day on which a violation continues. In any case where a prison has disposed or caused the disposal of any hazardous waste in violation of this section, each day that the waste remains disposed of in violation of this section and the person has knowledge thereof is a separate additional violation, unless the person has filed a report of the disposal with the department and is complying with any order concerning the disposal issued by the department, a hearing officer, or court of competent jurisdiction.

STATE : CALIFORNIA

FOOTNOTES:

1/ Department: Department of Health Services.

2/ Chapter: Hazardous Waste Control.

STATUTE :

California Hazardous Waste Control Act, 25189.5

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0419)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who knowingly or with reckless disregard for the risk, treats, handles, transports, disposes, or stores any hazardous waste in a manner which causes any unreasonable risk of fire, explosion, serious injury, or death is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than two hundred fifty thousand dollars ($250,000) for each day of violation, or by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months, or by both the fine and imprisonment.

(b) Any person who knowingly, at the time the person takes the actions specified in subdivision (a), places another person in imminent danger of death or serious bodily injury, is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than two hundred fifty thousand dollars ($250,000) for each day of violation, and by imprisonment in the state prison for 3, 6, or 9 years.

STATE : CALIFORNIA

STATUTE :

California Hazardous Waste Control Act, 25189.6

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0419)

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person who is convicted of knowingly burning or incerating, or causing the burning or incineration of, any hazardous waste, or who reasonably should have known that he or she was burning or incinerating, or causing the burning or incineration of, any hazardous waste, at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16, 24, or 36 months.

(c) The court shall also impose upon a person convicted of violating subdivision (b) a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000) for each day of violation, except as otherwise provided in this subdivision. If the act which violated subdivision (b) caused great bodily injury or caused a substantial probability that death could result, the person convicted of violating subdivision (b) may be punished by imprisonment in the state prison for up to 36 months, in addition to the term specified in subdivision (b), and may be fined up to two hundred fifty thousand dollars ($250,000) for each day of violation.

STATE : CALIFORNIA

STATUTE :

California Hazardous Waste Control Act, 25189.7

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0419)

REVIEWED ON : March 1993

STATUTORY TEXT :

Except as otherwise provided in Sections 25189.5, 1/ 25189.6, 2/ 25189.7, 3/ and 25191, 4/ any person who violates any provision of this chapter, 5/ or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter is, upon conviction, guilty of misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment for up to six months in the county jail or by both fine and imprisonment.

If the conviction is for a second or subsequent violation, the person shall, upon conviction, be punished by imprisonment in the county jail for nor more than one year or by imprisonment in the state prison for 16, 20, or 24 months. The court shall also impose upon the person a fine of not less than five thousand dollars ($5,000) or more than twenty-five thousand dollars ($25,000).

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 25189.5: Penalties for unauthorized waste disposal.

2/ Section 25189.6: Penalty for reckless act; Placing another in imminent danger.

3/ Section 25189.7: Burning or incineration without permit.

4/ Section 25191: Offenses relating to false statements, withholding information regarding dangers, destruction of records.

5/ Chapter: Hazardous Waste Control.

STATUTE :

California Hazardous Waste Control Act, 25190

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0420)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who knowingly does any of the following acts shall, upon conviction, be punished by a fine of not less than two thousand dollars ($2,000) or more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. Each day or partial day that a violation occurs is a separate violation. If the conviction is for a second or subsequent violation of this subdivision, the person shall be punished by imprisonment in the state prison for 16, 20, or 24 months, or in the county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) for each day of violation, or by both the fine and imprisonment:

(1) Makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for the purposes of compliance with this chapter. 1/

(2) Has in his or her possession any record relating to the generation, storage, treatment, transportation, disposal, or handling of hazardous waste required to be maintained pursuant to this chapter, that has been altered or concealed, whether altered or concealed prior to January 1, 1982.

(3) Destroys, alters, or conceals any record relating to the generation, storage, treatment, transportation, disposal, or handling of hazardous waste required to be maintained pursuant to this chapter.

(4) Withholds information regarding a real and substantial danger to the public health or safety when such information has been requested by the department 2/ and is required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger.

(5) Except as otherwise provided in this chapter, engages in transportation of hazardous waste in violation of Section 25160 3/ or 25161, 4/ or subdivision (a) or (e) of section 25163, 5/ or in violation of any regulation adopted by the department pursuant to those sections, including, but not limited to, failing to complete or provide the manifest in the form and manner required by the department.

(6) Except as otherwise provided in this chapter, produces, receives, stores, or disposes of hazardous waste, or submits hazardous waste for transportation, in violation of Section 25160 or 25161 or any regulation adopted by the department pursuant to those sections, including, but not limited to, failing to complete, provide, or submit the manifest in the form and manner required by the department.

(7) Transports any waste, for which there is provided a manifest, if the transportation is in violation of this chapter or the regulations adopted by the department pursuant thereto.

(8) Violates Section 25162.

(b) The penalties imposed by subdivision (a) on any person who commits any of the acts specified in paragraph (5), (7), or (8) of that subdivision shall be imposed only (1) on the owner or lessee of the vehicle in which the hazardous wastes are unlawfully transported, carried, or handled or (2) on the person who authorizes or causes the transporting, carrying, or handling. These penalties shall not be imposed on the driver of the vehicle, unless the driver is also the owner or lessee of the vehicle or authorized or caused the transporting, carrying, or handling.

If any person other than the person producing the hazardous waste prepares the manifest specified in Section 25160, that other person is also subject to the penalties imposed on a person who commits any of the acts specified in paragraph (6) of subdivision (a).

(c) Any person who knowingly does any of the following acts shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500) for each day of violation, or by imprisonment in the county jail for not to exceed six months, or both the fine and imprisonment. Each day or partial day that a violation occurs is a separate violation:

(1) Transports, or authorizes the transportation of, hazardous waste in a truck, trailer, semitrailer, vacuum tank, cargo tank, or container which does not contain a current certificate of compliance, as specified in Section 25168.3.

(2) Carries or handles, or authorizes the carrying or handling of, a hazardous waste without having in the driver's possession the manifest specified in Section 25160.

(3) Transports, or authorizes the transportation of, hazardous waste without having in the driver's possession a valid registration issued by the department pursuant to Section 25163.

(d) Whenever any person is prosecuted for a violation pursuant to paragraph (5), (6), (7) or (8) of subdivision (a), subdivision (c), or sudivision (c) of Section 25189.5, the prosecuting attorney may take appropriate steps to make the owner or lessee of the vehicle in which the hazardous waste are unlawfully transported, carried, or handled, the driver of the vehicle, or any other person who authorized or directed the loading, maintenance, or operation of the vehicle, who is reasonably believed to have violated these provisions, a codefendant. If a codefendant is held solely responsible and found guilty, the court may dismiss the charge against the person who was initially so charged.

STATE : CALIFORNIA

FOOTNOTES :

1/ Chapter: Hazardous Waste Control.

2/ Department: Department of Health Services.

3/ Section 25160: Uniform Hazardous Waste Manifest.

4/ Section 25161: Regulations governing manifest.

5/ Section 25163: Registration.

STATUTE :

California Hazardous Waste Control Act, 25191

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0420)

REVIEWED ON : March 1993

STATUTORY TEXT :

It is a misdemeanor for any person to do any of the following:

(a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the department in the lawful enforcement of any provision of this chapter.

(b) Willfully prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of his or her official duties under this chapter.

(c) Willfully prevent or interfere with any such representative in the preserving of evidence of any violation of any of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter.

STATE : CALIFORNIA

STATUTE :

California Hazardous Waste Control Act, 25195

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0421)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who knowingly violates a provision of subdivision (a) of Section 25221 or subdivision (a) or (b) of Section 25232 shall be subject to a civil penalty not to exceed 25 percent of the fair market value of the land and improvements, 25 percent of the sale price of the land and improvements, or fifty thousand dollars ($50,000), whichever has been established and is greatest.

STATE : CALIFORNIA

STATUTE :

California Hazardous Waste Control Act, 25196

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.5 - Hazardous Waste Control

(BNA State Solid Waste - Land Use, p. 1121:0421)

REVIEWED ON : March 1993

STATUTORY TEXT :

(d) Any person who falsifies any monitoring records required by this chapter, 1/ or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), by imprisonment in the county jail for not to exceed one year, or by both fine and imprisonment.

STATE : CALIFORNIA

FOOTNOTES :

1/ Chapter: Hazardous Waste Control.

STATUTE :

California Underground Storage of Hazardous Substances Act, 25299

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapter 6.7 - Underground Storage of Hazardous Substances

(BNA State Solid Waste - Land Use, p. 1121:0314)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person that knowingly violates Section 25503.5, 25503.7, 25503.8, 25505, 25508, 25509, 25509.3, 25510, or 25533 after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. This section does not preempt any other applicable criminal or civil penalties.

STATE : CALIFORNIA

STATUTE :

California Hazardous Substance Account Act, 25514.3

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapters 6.8 through 6.97

(BNA State Solid Waste - Land Use, p. 1121:0246)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person or business who violates Section 25507 1/ shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment in the state prison for 16, 20, or 24 months or in the county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 25507: Discovery and report of release of hazardous material.

STATUTE :

California Hazardous Substance Account Act, 25515

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapters 6.8 through 6.97

(BNA State Solid Waste - Land Use, p. 1121:0247)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this chapter 1/ by any authorized representative of an administering agency is, upon conviction, guilty of a misdemeanor. 2/

STATE : CALIFORNIA

FOOTNOTES :

1/ Chapter: Hazardous Materials Release Response Plans and Inventory.

2/ Misdemeanor: imprisonment of up to 6 months or fine up to $1,000 or both.

STATUTE :

California Hazardous Substance Account Act, 25515.1

California Health and Safety Code, Division 20 - Miscellaneous

Health and Safety Provisions, Chapters 6.8 through 6.97

(BNA State Solid Waste - Land Use, p. 1121:0247)

REVIEWED ON : March 1993

STATUTORY TEXT :

It is a misdemeanor 1/ to fail to comply with any rule or regulation adopted by the Department of the California Highway Patrol pursuant to Section 35501, 2/ 34501.5, 3/ 34508, 4/ or 34513 5/ regarding any of the following:

(b) Hazardous material transportation.

STATE : CALIFORNIA

FOOTNOTES :

1/ Misdemeanor: imprisonment of up to 6 months or a fine of up to $1,000, or both.

2/ Section 34501: Inspection of vehicles.

3/ Section 34501.5: School bus safety regulations.

4/ Section 34508: Additional regulation: School buses.

5/ Section 34513: Regulation on equipment and maintenance of tour buses.

STATUTE :

Section 34506. Violations; Misdemeanors (Hazardous Waste - Vehicle Code) California Vehicle Code.

REVIEWED ON : March 1993

STATUTORY TEXT :

(p)(1) Any person who negligently or intentionally violates any provision of this article is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than nine months, or both. This subdivision applies only to agricultural burning in the Sacramento Valley Air Basin.

STATE : CALIFORNIA

STATUTE :

California Air Pollution Laws, 41865

(Article 3. Agricultural Burning)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0164)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000).

STATE : CALIFORNIA

STATUTE :

California Integrated Waste Management Act of 1989, 42322

(Chapter 5.5. Plastic Packaging Containers, Article 3.

Penalties, Regulations, and Report)

California Public Resources Code, Divisions 30 and 31 - Waste Management

(BNA State Solid Waste - Land Use, p. 1121:0125)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who negligently emits an air contaminant in violation of any provision of this part 1/ or any rule, regulation, or order of the state board 2/ or of a district 3/ pertaining to emission regulations or limitations is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than nine months, or both.

(b) Any person who owns or operates any source of air contaminants in violation of Section 41700 4/ which causes actual injury, as defined in subdivision (c) of Section 42400.2, to the health or safety of a considerable number of persons or the public is guilty of a misdemeanor and is punishable as provided in subdivision (a).

(c) Each day during any portion of which a violation occurs is a separate offense.

(d) The recovery of civil penalties pursuant to Section 42402, 42402.1, or 42402.2, precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense.

STATE : CALIFORNIA

FOOTNOTES :

1/ Part: Non-Vehicular Air Pollution Control.

2/ State Board: State Air Resources Board.

3/ District: County Board of Supervisors is ex officio the district board of the county.

4/ Section 41700: Prohibited discharges.

STATUTE :

California Air Pollution Laws, 42400.1

(Air Resources, Article 3. Penalties)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0179)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who emits an air contaminant in violation of any provision of this part, 1/ or any order, rule, or regulation of the state board 2/ or of a district 3/ pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is subject to a fine of not more than twenty-five thousand dollars ($25,000) or imprisonment in the county jail for not more than one year, or both. For purposes of this section, "corrective action" means the termination of the emission violation or the grant of a variance from the applicable order, rule, or regulation pursuant to Article 2 (commencing with Section 42350). 4/ If a district regulation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action.

(b) Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, or order of the state board or of a district, is guilty of a misdemeanor and is punishable as provided in subdivision (a).

(c) Any person who owns or operates any source of air contaminants in violation of Section 41700 5/ which causes actual injury to the health or safety of a considerable number of persons or the public, and who knew of the emission and failed to take corrective action, as defined in subdivision (a), within a reasonable period of time under the circumstances, is guility of a misdemeanor and is punishable as provided in subdivision (a).

(d) Each day during any portion of which a violation occurs constitutes a separate offense.

STATE : CALIFORNIA

FOOTNOTES :

1/ Part: Non-Vehicular Air Pollution Control.

2/ State Board: State Air Resources Board.

3/ District: County Board of Supervisors is ex officio the district board of the county.

4/ Article 2: Variances.

5/ Section 41700: prohibited discharges.

STATUTE :

California Air Pollution Laws, 42400.2

(Air Resources, Article 3. Penalties)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0179)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates Chapter 3 (commencing with Section 42770) is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).

STATE : CALIFORNIA

STATUTE :

California Integrated Waste Management Act of 1989, 42790

(Chapter 15. Newsprint, Article 5. Penalties)

California Public Resources Code, Divisions 30 and 31 -

Waste Management

(BNA State Solid Waste - Land Use, p. 1121:0132)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who accepts waste tires at a major waste tire facility which has not been issued a permit or knowingly directs or transports waste tires to a major waste tire facility which has not been issued a permit shall, upon conviction, be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) for each day of violation, by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.

STATE : CALIFORNIA

STATUTE :

California Integrated Waste Management Act of 1989, 42825

(Chapter 16. Waste Tires, Article 3. Major Waste Tire Facility Permits)

California Public Resources Code, Divisions 30 and 31 - Waste Management

(BNA State Solid Waste - Land Use, p. 1121:0133)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Except as otherwise provided in Section 42400.1 1/ or 42400.2, 2/ any person who violates any provision of this part, 3/ or any order, permit, rule, or regulation of the state board 4/ or of a district, 5/ including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), 6/ inclusive, is guilty of a misdemeanor and is subject to a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both.

(b) If a violation under subdivision (a) with regard to the failure to operate a vapor recovery system on a gasoline cargo tank is directly caused by the actions of an employee under the supervision of, or of any independent contractor working for, any person subject to this part, the employee or independent contractor, as the case may be, causing the violation is guilty of a misdemeanor and is punishable as provided in subdivision (a). That liability shall not extend to the person employing the employee or retaining the independent contractor, unless that person is separately guilty of any action violating any provision of this part.

(c) The recovery of civil penalties pursuant to Section 42402, 7/ 42402.1, 8/ or 2402.2, 9/ precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense.

(d) Each day during any portion of which a violation of subdivision (a) occurs is a separate offense.

STATE : CALIFORNIA

FOOTNOTES :

1/ Section 42400.1: negligent emission of air contaminants; operation of source of contaminants which cause actual injury.

2/ Section 42400.2: Failure to take corrective actions; Falsification of documents.

3/ Part: Non-Vehicular air pollution control.

4/ State Board: State Air Resources Board.

5/ District: County board of Supervisors is ex officio the district board of the county.

6/ Part 1 to Part 4: Division 26 - Air Resources.

7/ Section 42402: Violation of Abatement Order.

8/ Section 42402.1: Negligent emission of air contaminants.

9/ Section 2402.2: Failure to take corrective action.

STATUTE :

California Air Pollution Laws, 43020

(Part 5. Vehicular Air Pollution Control, Chapter 1. General Provisions)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0187)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both, in lieu of the imposition of the civil penalties.

STATE : CALIFORNIA

STATUTE :

California Air Pollution Laws, 44058

(Part 5. Motor Vehicle Inspection Program, Article 4. Penalties)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0210)

REVIEWED ON : March 1993

STATUTORY TEXT :

The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code.

STATE : CALIFORNIA

STATUTE :

California Air Pollution Laws, 44059

(Part 5. Motor Vehicle Inspection Program, Article 4. Penalties)

California Health and Safety Code, Divisions 26 and 27

(BNA State Air Laws, p. 321:0210)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1)(a) A person commits a class 2 petty offense, 1/ as specified in section 18-1-107, if he causes or permits the emission into the atmosphere from:

(I) Any motor vehicle, including a motorcycle, powered by gasoline or any fuel except diesel of any visible air pollutant as defined in section 25-7-103(1), C.R.S.; 2/

(II) Any diesel-powered motor vehicle, or any visible air pollutant, as defined in section 25-7-103(1), C.R.S., which creates an unreasonable nuisance or danger to the public health, safety, or welfare.

(4)(a) Effective January 1, 1980, the offense of causing air pollution pursuant to this section, upon conviction, is punishable by a fine of twenty-five dollars.

(b) Subsequent offenses involving the same motor vehicle

within one year of a conviction under the provisions of paragraph (a) of this subsection (4), upon conviction, shall be punishable by a fine on one hundred dollars.

STATE : COLORADO

FOOTNOTES :

1/ Class 2 Petty Offense: A fine as stipulated by the appropriate assessing authority.

2/ Section 25-7-103(1) C.R.S.: Definitions section defining "Air Pollutant".

STATUTE :

Related Laws, 18-13-110. Air pollution violations.

Colorado Revised Statutes, Title 18 - Criminal Code,

Article 13 - Miscellaneous Offenses

(BNA State Air Laws, p. 326:0153)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) No person shall abandon any vehicle containing any hazardous waste or intentionally spill hazardous waste upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.

(3) Any person who violates any provision of this section commits a class 4 felony. 1/

STATE : COLORADO

FOOTNOTES :

1/ Class 4 felony: minimum imprisonment of 2 years up to a maximum of 8 years, or a minimum fine of $2,000 up to a maximum of $500,000, or both.

STATUTE :

Colorado Hazardous Waste Clean Up Acts, 18-13-112.

Hazardous waste violations. (Related Law, Hazardous Waste Violations)

Colorado Revised Statutes, Title 25 - Health, Article 16 - Hazardous Waste Sites

(BNA State Solid Waste - Land Use, p. 1126:0187)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) It is unlawful for any person, association, or corporation, and the officers thereof:

(a) To willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto; or

(b) To fail to make or file reports required by law or rule of the board 1/ relating to the existence of disease or other facts and statistics relating to the public health; or

(c) To conduct any business or activity over which the department 2/ possesses the power to license and regulate without such license or permit as required by the department; or

(d) To willfully and falsely make or alter any certificate or license or certified copy thereof issued pursuant to the public health laws; or

(h) To make, install, maintain, or permit any cross-connection between any water system supplying drinking water to the public and any pipe, plumbing fixture, or water system which contains water of a quality below the minimum general sanitary standards as to the quality of drinking water supplied to the public or to fail to remove such connection within ten days after being ordered in writing by the department to remove the same.

(4) Except as provided in subsection (5) of this section, any person, association, or corporation, or the officers thereof, who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment and, in addition to such fine and imprisonment, shall be liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.

(5)(a) It is unlawful for any person, association, or corporation,

or the officers thereof, to tamper, attempt to tamper, or threaten to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system.

(b)(I) Any person, association, or corporation, or the officers thereof, who tampers with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 3 felony 3/ and shall be punished as provided in section 18-1-105, C.R.S.

(II) Any person, association, or corporation, or the officers thereof, who attempts to tamper or threatens to tamper with a public water system or with drinkning water after its withdrawal for or treatment by a public water system commits a class 5 felony 4/ and shall be punished as provided in section 18-1-105, C.R.S.

STATE : COLORADO

FOOTNOTES :

1/ Board: State Board of Health.

2/ Department: Department of Health.

3/ Class 3 Felony: imprisonment of from two years up to maximum eight years and a fine of from $3,000 up to a maximum of $750,000.

4/ Class 5 Felony: minimum imprisonment of 1 year up to a maximum of 4 years, or a minimum fine of $1,000 up to a maximum of $100,000 or both.

STATUTE :

25-1-114. Prohibited acts.

Colorado Revised Statutes, Title 25 - Health

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) The following acts and the causing thereof are hereby prohibited:

(a) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance;

(b) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance if such act is done while the substance is in commerce, or while the substance is held for sale (whether or not the first sale) after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;

(c) The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise;

(d) The giving of a guarantee or undertaking referred to in section 25-5-504 (2), which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance;

(e) The failure to permit entry, inspection, or sampling as authorized by section 25-5-509 or to permit access to and copying of any record as authorized by section 25-5-510;

(f) The removing or disposing of a detained or embargoed article by sale or otherwise without permission of an authorized agent or court;

(g) The introduction or delivery for introduction into commerce or the receipt in commerce and subsequent delivery or proffered delivery, for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph (g), the terms "food", "drug", and "cosmetic" shall have the same meanings as in the "Colorado Food and Drug Act".

(h) The use by any person to his own advantage or the revealing, other than to the executive director or officers or employees of the department or to the courts when relevant in any judicial proceeding under this part 5, of any information acquired under authority of section 25-5-509 concerning any method or process which as a trade secret is entitled to protection.

STATUTORY TEXT :

(1) Any person who violates any of the provisions of section 25-5-503 1/ is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment; but, for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars, or both such imprisonment and fine. Each violation shall be considered a separate offense.

STATE : COLORADO

STATE : COLORADO

FOOTNOTES :

1/ Section 25-5-503: Section relating to the handling of hazardous waste.

STATUTE :

25-5-503. Prohibited acts.

Colorado Revised Statutes, Title 25 - Health

STATUTE :

25-5-504. Penalties

Colorado Revised Statutes, Title 25 - Health

REVIEWED ON : March 1993

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Except for those violations identified in paragraph (c) of this subsection (1) and subsections (2) and (3) of this section, any person who knowingly, as defined in section 18-1-501 (6), C.R.S., violates any requirement or prohibition of an applicable emission control regulation of the commission, state implementation plan, permit required under this article, or any provision for the prevention of significant deterioration under part 2 of this article, any provision related to attainment under part 3 of this article, or any provision of section 25-7-105, 25-7-106, 25-7-106.3, 25-7-106.8, 25-7-106.9, 25-7-108, 25-7-109, 25-7-109.6, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-135, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 25-7-407.5, 25-7-602, 25-7-602.5, 25-7-603, 25-7-604, 25-7-605, 25-7-607, or 25-7-608, is guilty of a misdemeanor, and upon conviction thereof, may be punished by a fine of not more than twenty-five thousand dollars per day for each day of violation. Upon a second conviction for a violation of this paragraph (b) within two years, the maximum punishment shall be doubled.

(c) Except for those violations identified in paragraph (b) of this subsection (1) and subsections (2) and (3) of this section, any person who knowingly, as defined in section 18-1-501(6), C.R.S., violates any requirement, prohibition, or order respecting an operating permit issued pursuant to section 25-7-114.3, including but not limited to failure to obtain such a permit or to operate in compliance with any term or condition thereof or to pay the permit fee required under section 25-7-114.7 (2) is guilty of a misdemeanor, and upon conviction thereof, may be punished by a fine of not more than twenty-five thousand dollars per violation per day. Upon a second conviction for a violation of this paragraph (c) within two years, the maximum punishment shall be doubled.

(2) False statements. Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters or conceals any notice, application, record, report, plan, or other document required pursuant to this article to be either filed or maintained or falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained or followed under this article is guilty of a misdemeanor, and upon conviction thereof, may be punished by a fine of not more than twelve thousand five hundred dollars for each instance of violation. Upon a second conviction for a violation of this subsection (2) within two years, the maximum punishment shall be doubled.

(3)(a) Knowing endangerment. Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., releases into the ambient air any hazardous air pollutant listed pursuant to section 112 of the federal act, or any other hazardous air pollutant as defined by this article, and who knows at the time that such action thereby places another person in imminent danger of death or serious bodily injury is guilty of a felony, and upon conviction thereof, may be punished by a fine of not more than fifty thousand dollars per day for each day of violation, or by imprisonment for not more than four years, or by both such fine and imprisonment. Any person committing such violation which is an organization shall, upon conviction under this subsection (3), be subject to a fine of not more than one million dollars for each such violation. Upon a second conviction for a violation of this subsection (3), the maximum punishment shall be doubled. For any air pollutant for which an emissions standard has been set, or for any source for which an operating permit has been issued under this article, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of this subsection (3).

(d) Any person who negligently, as defined in section 18-1-501 (3), C.R.S., violates any requirement or prohibition of an applicable emission control regulation of the commission, state implementation plan, permit required under this article, or any provision for the prevention of significant deterioration under part 2 of this article, is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than twelve thousand five hundred dollars per day for each day of violation.

STATE : COLORADO

STATUTE :

25-7-122.1. Criminal penalties.

Colorado Revised Statutes, Title 25 - Health

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) Any person or any agency of the state or federal government may apply to the division 1/ to investigate and take action upon any suspected or alleged violation of any provision of this article 2/ or of any order, permit, or regulation issued or promulgated under authority of this article.

(2) Any person engaged in any operation or activity which results in a spill or discharge of oil or other substance which may cause pollution of the waters of the state contrary to the provisions of this article, as soon as he has knowledge thereof, shall notify the division of such discharge. Any person who fails to notify the division as soon as practicable is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Notification received pursuant to this subsection (2) or information obtained by the exploitation of such notification shall not be used against any such person in a criminal case except prosecution for perjury, for false swearing, or for failure to comply with a clean-up order issued pursuant to section 25-8-606. 3/

STATE : COLORADO

FOOTNOTES :

1/ Division: Division of Administration of the Department of Health.

2/ Article: Colorado Water Quality Control Act.

3/ Section 25-8-606: Clean-up orders issued by Department of Health.

STATUTE :

Colorado Water Quality Control Act, 25-8-601.

Division to be notified of suspected violations and accidental discharges - penalty

Colorado Revised Statutes, Title 25 - Health, Article 8 - Water Quality Control

(BNA State Water Laws, p. 726:0121)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) Any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters or into any domestic wastewater treatment works commits criminal pollution of state waters if such discharge is made:

(a) In violation of any permit issued under this article; 1/ or

(b) In violation of any cease and desist order or clean-up order issued by the division 2/ which is final and not stayed by court order; or

(c) Without a permit, if a permit is required by the provisions of this article for such discharge.

(e) In violation of any pretreatment regulations promulgated by the commission. 3/

(3) Any person who commits criminal pollution of state waters shall be fined, for each day the violation occurs, as follows:

(a) If the violation is committed with criminal negligence or recklessly, as defined in section 18-1-501, C.R.S., the maximum fine shall be twelve thousand five hundred dollars.

(b) If the violation is committed knowingly or intentionally, as defined in section 18-1-501, C.R.S., the maximum fine shall be twenty-five thousand dollars.

(c) If two separate offenses under this article occur in two separate occurrences during a period of two years, the maximum fine for the second offense shall be double the amounts specified in paragraph (a) or (b) of this subsection (3), whichever is applicable.

STATE : COLORADO

FOOTNOTES :

1/ Article: Water Quality Control.

2/ Division: Division of Administration of the Department of Health.

3/ Commission: Water Quality Control Commission.

STATUTE :

Colorado Water Quality Control Act, 25-8-609.

Criminal pollution of state waters - penalties

Colorado Revised Statutes, Title 25 - Health, Article 8 - Water Quality Control

(BNA State Water Laws, p. 726:0122)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 1/ or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more then ten thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

STATE : COLORADO

FOOTNOTES :

1/ Article: Water Quality Control.

STATUTE :

Colorado Water Quality Control Act, 25-8-610.

Falsification and tampering

Colorado Revised Statutes, Title 25 - Health, Article 8 - Water Qualtiy Control

(BNA State Water Laws, p. 726:0122)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates any of the provisions of this article 1/ is guilty of a misdemeanor 2/ and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.

STATE : COLORADO

FOOTNOTES :

1/ Article: Recreation Land Preservation Act of 1971.

STATUTE :

25-13-114. Penalty for violation.

Colorado Revised Statutes, Title 25 - Health

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates any provision of this part 2 1/ commits a class 3 misdemeanor 2/ and shall be punished as provided in section 18-1-106, C.R.S. Each day of violation shall be deemed a separate offense under this section.

STATE : COLORADO

FOOTNOTES :

1/ Part 2: Hazardous Waste Disposal Sites.

2/ Class 3 misdemeanor: a fine of a minimum of $50 up to a maximum of $750 or imprisonment of up to 6 months, or both.

STATUTE :

Colorado Hazardous Waste Act, 25-15-211. Violation - criminal penalty.

Colorado Revised Statutes, Title 25 - Health, Article 15 - Hazardous Waste

(BNA State Solid Waste - Land Use, p. 1126:0145)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) On or after the date specified in section 25-15-102(3), no person shall:

(a) Transport or cause to be transported any hazardous waste identified or listed pursuant to this article 1/ to a facility which does not have a permit under this article or the federal act. 2/

(b) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article either without having obtained a permit as required by this article or the federal act or in knowing violation of any material condition or requirement of a permit or interim status requirement; 3/

(c) Omit any material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with the federal act or regulations promulgated under this article or the federal act; or

(d) Destroy, alter, or conceal any record required to be maintained or fail to file any record required to be filed under regulations promulgated by the commission under this part 3 or prusuant to the federal act.

(e) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article in violation of any material condition or requirement of a permit or interim status requirement.

(2) Except as provided in section 29-22-108, 5/ 18-13-112, 6/ or 40-2.1-106, 7/ C.R.S., any person acting with criminal negligence as defined in section 18-1-501(3), C.R.S., who violates any of the provisions of paragraph (a), (c), (d), or (e) of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation. If such conviction is for a violation committed after a previous conviction under this subsection (2), the maximum fine shall be doubled.

(3) Any person who knowingly, as defined in section 18-1-501(6), C.R.S., violates any of the provisions of paragraph (a), (c), or (d) of subsection (1) of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than fifty thousand dollars for each day of violation, or by imprisonment not to exceed four years, or by both such fine and imprisonment. If said conviction is for a violation committed after a previous conviction of such person under this subsection (3), the maximum punishment shall be doubled with respect to both fine and imprisonment.

(4) (b) Any generator who otherwise stores waste on-site in compliance with the requirements of 6 CCR 1007-3, section 262.34(a), 8/ as those requirements exist on July 1, 1988, but who knowingly exceeds the ninety-day storage period or any extension thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in subsection (2) of this section.

STATE : COLORADO

FOOTNOTES :

1/ Article: Hazardous Waste.

2/ Federal Act: Solid Waste Disposal Act, as amended 42 U.S.C. 6901 et seq.

3/ Interim status requirement: treated by reason of compliance with such requirement as if a permit had been issued.

5/ Section 29-22-108: Hazardous Substance Incidents.

6/ Section 18-13-112: Abandonment of vehicles with hazardous waste.

7/ Section 40-2.1-106: Transportation of Hazardous Waste.

8/ 6 CCR 1007-3, section 262.34(a): generator may accumulate waste on-site for 90 days without a permit or compliance with interim status standards, with enumerated exceptions.

STATUTE :

Colorado Hazardous Waste Act, 25-15-310. Criminal offenses - penalty

Colorado Revised Statutes, Title 25 - Health, Article 15 - Hazardous Waste

(BNA State Solid Waste - Land Use, p. 1126:0151)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) Any person who intentionally causes or substantially contributes to the occurrence of a hazardous substance incident 1/ in violation of the provision of this article 2/ commits a class 4 felony 3/ and shall be punished as provided in section 18-1-105, C.R.S.

(2) Any person who willfully, recklessly, or with criminal negligence as defined in section 18-1-501, C.R.S., causes or substantially contributes to the occurrence of a hazardous substance incident in violation of the provisions of this article commits a class 5 felony 4/ and shall be punished as provided in section 18-1-105, C.R.S.

STATE : COLORADO

FOOTNOTES :

1/ Hazardous substance incident: spilling, dumping or abandonment except where allowed by federal, state, or local law or regulation.

2/ This Article: Hazardous Substance Incidents.

3/ Class 4 felony: minimum imprisonment of 2 years up to a maximum of 8 years, or a minimum fine of $2,000 up to a maximum of $500,000 or both.

4/ Class 5 felony: minimum imprisonment of 1 year up to a maximum of 4 years, or a minimum fine of $1,000 up to a maximum of $100,000 or both.

STATUTE :

Colorado Hazardous Waste Clean Up Acts, 29-22-108

Criminal penalties.

Colorado Revised Statutes, Title 25 - Health, Article 16 - Hazardous Waste Sites

(BNA State Solid Waste - Land Use, p. 1126:0186)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates any provision of this part 1 1/ is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than two thousand dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. Each day of violation shall be deemed a separate offense under this section.

STATE : COLORADO

FOOTNOTES :

1/ Part 1: Solid Waste Disposal Sites and Facilities.

STATUTE :

Colorado Solid Waste Disposal Sites and Facilities Law, 30-20-114.

Violation - penalty.

Colorado Revised Statutes, Title 30 - Government - County

Article 20 - Public Improvements, Part 1 - Solid Wastes Disposal Sites and Facilities

(BNA State Solid Waste - Land Use, p. 1126:0105)

REVIEWED ON : March 1993

STATUTORY TEXT :

(9) Any operator who willfully and knowingly violates a condition of a permit or fails or refuses to comply with any order issued under this section or any order incorporated in a final decision issued by the board under this article, except a notice and order issued under paragraph (d) of subsection (8) of this section or an order issued under paragraph (f) of subsection (8) of this section shall, upon conviction thereof, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

(10) Whenever a corporate operator violates a condition of a permit or fails or refuses to comply with any order issued under this section or any order incorporated in a final decision issued by the board under this article, except a notice and order issued under paragraph (d) of subsection (8) of this section or an order issued under paragraph (f) of subsection (8) of this section, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon an operator under subsections (8) and (9) of this section.

(11) Whoever knowingly makes any false statement, representation, or certification or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or any order or decision issued by the board or division under this article shall, upon conviction thereof, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

STATE : COLORADO

STATUTE :

Colorado Surface Coal Mining Reclamation Act, Section 34-33-123.

Enforcement - civil and criminal penalties.

Colorado Revised Statutes, Title 34 - Mineral Resources, Article 33 - Colorado Surface Coal Mining Reclamation Act

(BNA Mining, p. 1526:0117)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1)(a) No person shall make, issue, or knowingly use any imitation or deceptively similar or counterfeit certification or emissions control form or verification of emissions test.

(b) No person shall possess a certification of emissions control or verification of emissions test if he knows the same is fictitious, or was issued for another motor vehicle, or was issued without an emissions inspection having been made when required.

(c) Any person who violates any provision of this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(2)(a) No emissions mechanic shall issue a certification of emissions control or verification of emissions test for a motor vehicle which does not qualify for the certification or verification issued.

(b) Any emissions mechanic who issues a certification of emissions control or verification of emissions test in violation of paragraph (a) of this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollards nor more than one thousand dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(3)(c)(I) Any owner who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifty dollars, payable within thirty days after conviction.

(d) Any nonowner driver who violates any provision of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars, payable within thirty days after conviction.

STATE : COLORADO

STATUTE :

Colorado Vehicle Emissions Inspection Law, 42-4-315. Penalties.

Colorado Revised Statutes, Title 42 - Vehicles and Traffic, Article 4 - Regulation and Vehicles and Traffic, Part 3 - Emission Inspection

(BNA State Air Laws, p. 326:0149)

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) Any person who violates a rule or regulation promulgated by the chief 1/ pursuant to section 43-6-104 2/ commits a class 3 misdemeanor 3/ and shall be punished as provided in section 18-1-106, C.R.S.

(2) Any person who violates a rule or regulation promulgated by by the chief pursuant to section 43-6-108 4/ commits a class 3 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.

(3) No conviction pursuant to this section shall bar enforcement by the commission 5/ of any provision of title 40, 6/ C.R.S., with respect to violations by persons subject to said title.

STATE : COLORADO

FOOTNOTES :

1/ Chief: Chief of Colorado State Patrol.

2/ Section 43-6-104: General powers and duties of Chief of Colorado State Patrol.

3/ Class 3 misdemeanor: a fine of a minimum of $50 up to a maximum of $750 or imprisonment of up to 6 months, or both.

4/ Section 43-6-108: rules and regulations for transportation of hazardous materials.

5/ Commission: State Highway Commission.

6/ Title 40: public utilities.

STATUTE :

43-6-109 - Penalty for violation

Colorado Revised Statutes, Title 43

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person, corporation, partnership, or other entity which intentionally or knowingly authorizes, solicits, requests, commands, conspires in, or aids and abets in the violation of any of the provisions of this article 1/ commits a class 1 misdemeanor 2/ and shall be punished as provided in section 18-1-106, C.R.S.

STATE : COLORADO

FOOTNOTES :

1/ Article: Transportation of hazardous materials by motor vehicle.

2/ Class 1 misdemeanor: a fine of a minimum of $500 up to a maximum of $5,000 or imprisonment of a minimum of 6 months up to a maximum of 24 months, or both.

STATUTE :

43-6-111. Additional penalties.

Colorado Revised Statutes, Title 43

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) Any person who transports hazardous materials without a permit in violation of any of the provisions of section 43-6-201 1/ commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty dollars in accordance with the procedure set forth in section 43-6-105 (2). 2/ Any person who intentionally transports hazardous materials without a permit in violation of any of the provisions of section 43-6-201 commits a class 1 misdemeanor. 3/ For the purposes of this subsection (1), if any person who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant to this subsection (1) subsequently transports hazardous materials without a permit in violation of any of the provisions of section 43-6-201, a permissive inference is created that such subsequent transportation without a permit was intentional.

(2) Any person who has obtained an annual or a single trip hazardous materials transportation permit but fails to have a copy of said permit in the cab of the motor vehicle while transporting hazardous materials in, to, from, or through this state commits a misdemeanor traffic offense and shall be assessed a penalty of twenty-five dollars in accordance with the procedure set forth in section 43-6-105 (2).

(3) Any person who knowingly violates any of the terms and conditions of an annual or single trip hazardous materials transportation permit commits a class 1 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.

STATE : COLORADO

FOOTNOTES :

1/ Section 43-6-201: Hazardous materials transportation permit requirements.

2/ Section 43-6-105(2): Enforcement.

3/ Class 1 misdemeanor: a fine of a minimum of $500 up to a maximum of $5,000 or imprisonment of a minimum of 6 months up to a maximum of 24 months, or both.

STATUTE :

43-6-204. Permit violations - penalties.

Colorado Revised Statutes, Title 43

REVIEWED ON : March 1993

STATUTORY TEXT :

(1) No person shall transport hazardous materials by motor vehicle contrary to any route designation approved by the patrol 1/ pursuant to this part 3 2/ unless such action is necessary to service a motor vehicle or to make a local pickup or delivery of hazardous materials or unless such action is so required by emergency conditions which would make continued use of authorized routes unsafe or by the closure of an authorized route pursuant to section 43-6-304, 3/ and, in such circumstances, the motor vehicle shall remain on authorized routes whenever possible and shall minimize the distance travelled on restricted routes. A person transporting hazardous materials by motor vehicle may make successive local pickups and deliveries without returning to the authorized route between each pickup or delivery when such return would be unreasonable. A person transporting hazardous materials shall not utilize residential streets unless there is no other reasonable route available to reach the destination.

(2) Any person who transports hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty dollars for each separate violation in accordance with the procedure set forth in section 43-6-105 (2). 4/ A person who commits a second or subsequent violation within a twelve-month period of transporting hazardous materials by motor vehicle in a manner inconsistent with the provisions of subsection (1) of this section commits a misdemeanor traffic offense and shall be issued a summons and complaint in accordance with the provisions of section 42-4-1505 (1), 5/ C.R.S., and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than five hundred dollars.

STATE : COLORADO

FOOTNOTES :

1/ Patrol: Colorado State Patrol.

2/ Part 3: Route designation.

3/ Section 43-6-304: Emergency closure of public roads.

4/ Section 43-6-105(2): Enforcement.

5/ Section 43-4-1505(1): Provisions for issuing summons to appear.

STATUTE :

43-6-305. Deviation from authorized route - penalty.

Colorado Revised Statutes, Title 43

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Any person who wilfully or knowingly violates any provision of sections 22a-36 to 22a-45, inclusive, shall be fined not more than one thousand dollars for each day during which such violation continues or be imprisoned not more than six months or both. For a subsequent violation, such person shall be fined not more than two thousand dollars for each day during which such violation continues or be imprisoned not more than one year or both. For the purposes of this subsection, "person" shall be construed to include any responsible corporate officer.

STATE : CONNECTICUT

STATUTE :

Connecticut Inland Wetlands and Water Courses Act,

Section 22a-44. Penalty. Court orders.

Connecticut General Statutes Annotated, Title 22a - Environmental Protection, Chapter 440 - Wetlands and Water Courses

(BNA State Solid Waste - Land Use, p. 1131:2146)

(Connecticut General Statutes Section 22a-44)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any registrant, commercial applicator, uncertified person who performs or advertises or solicits to perform commercial application, wholesaler, dealer, retailer or other distributor who knowingly violates any provision of this chapter, subsection (a) of section 23-61a, or sections 23-61b to 23-61d, inclusive, shall be fined not more than five thousand dollars, or imprisoned for not more than one year or both.

(b) Any private applicator or other person, not included in subsection (a), who knowingly violates any provision of this chapter, subsection (a) of section 23-61a, or sections 23-61b to 23-61d, inclusive, shall be fined not more than one thousand dollars, or imprisoned for not more than thirty days or both.

(c) Any person who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of this chapter, shall be fined not more than ten thousand dollars, or imprisoned for not more than one year or both.

STATE : CONNECTICUT

STATUTE :

Section 22a-63. Penalties; fine, imprisonment. Agents.

(Pesticides)

Connecticut General Statutes Annotated, Title 22a - Environmental Protection, Chapter 441 - Pesticide Control

(Connecticut General Statutes Section 22a-63)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who (1) wilfully fails to prepare a manifest required in accordance with the provisions of the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), (2) knowingly makes any false material statement or representation on any application, label, manifest, record, report, permit or other document required in accordance with the provisions of said act or (3) wilfully fails to maintain or knowingly destroys, alters or conceals any record required to be maintained under regulations pursuant to said act, shall be fined not more than twenty-five thousand dollars for each day of such violation or imprisoned not more than one year or both. A second conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day or imprisonment for not more than two years or both.

(b) Any person who knowingly transports hazardous waste to a facility which does not have a permit required under the Resource Conservation and Recovery Act of 1976, or who knowingly treats, stores or disposes of any hazardous wastes without a permit required under said act, or who knowingly violates any material condition or requirement of such permit, shall be fined not more than fifty thousand dollars for each day of violation or imprisoned not more than two years or both.

(c) Any person, who in the commission of a violation for which a penalty would be imposed under subsection (a) or (b) of this section, who knowingly places another by such violation in imminent danger of death or serious bodily injury, shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years or both, except that where such violation indicates an extreme indifference to human life, the fine shall be not more than two hundred fifty thousand dollars or imprisonment for five years or both, and when the violator is an organization, the fine shall be not more than one million dollars. This subsection shall not be construed as a limitation on the amount of fines that may be imposed in accordance with subsection (a) or (b) of this section. As used in this section, "organization" means any legal entity, other than the state or any of its political subdivisions, established for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union or any other association of persons.

STATE : CONNECTICUT

STATUTE :

Connecticut Hazardous Waste Law, 22a-131a. Penalties.

Connecticut General Statutes Annotated, Title 22a - Environmental Protection, Chapter 445 - Hazardous Waste

(BNA State Solid Waste - Land Use, p 1131:0188)

(Connecticut General Statutes Section 22a-131a)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who wilfully or with criminal negligence violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder, shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year, or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years, or both.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or under any regulation, order or permit adopted or issued thereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of this chapter, or any regulation, order or permit adopted or issued thereunder, shall, upon conviction, be fined not more than ten thousand dollars for each violation or imprisoned not more than six months for each violation, or both.

STATE : CONNECTICUT

STATUTE :

Connecticut Air Pollution Control Law, 22a-175. Penalties for violations. Penalties for false statements.

General Statutes of Connecticut, Title 22a - Environmental Protection, Chapter 446c - Air Pollution Control

(BNA State Air Laws, p. 331:0103)

(Connecticut General Statutes Section 22a-175)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who knowingly violates any provision of section 22a-252, 1/ section 22a-208a, 2/ any permit issued under said section 22a-208a subsection (c) 3/ or (d) 4/ of section 22a-250, any regulation adopted under section 22a-209 5/ or 22a-231, 6/ any order issued pursuant to (section 22a-208c or) section 22a-225 7/ shall be fined not more than twenty-five thousand dollars per day for each day of violation or imprisoned not not than one year or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years or both.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 22a-252: Disposal of Asbestos.

2/ Section 22a-208a: Permit for construction, alteration or operation of solid waste facility.

3/ Section 22a-250(c): Dumping prohibited.

4/ Section 22a-250(d): Dumping prohibited by other than passenger vehicles.

5/ Section 22a-209: Regulations concerning solid waste management and permits.

6/ Section 22a-231: Regulations concerning procedures for resource reclamation.

7/ Section 22a-225: Orders, appeals.

STATUTE :

Section 22a-226a. Penalty. (Solid Waste)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-226a)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who, in the commission or a violation for which a penalty would be imposed under section 22a-226a, knowingly places another by commission of such violation in imminent danger of death or serious bodily injury, shall be fined not more than one hundred thousand dollars or imprisoned not more than two years or both. A subsequent conviction for any such violation shall carry a fine of not more than two hundred fifty thousand dollars or imprisonment for not more than five years or both.

STATE : CONNECTICUT

STATUTE :

Section 22a-226b. Penalty for violations placing another in imminent danger of death or bodily injury. (Solid Waste)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-226b)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of section 22a-244 or 22a-245 shall be fined not less than fifty dollars nor more than one hundred dollars, and for a second offense shall be fined not less than one hundred dollars nor more than two hundred dollars and for a third offense shall be fined not less than two hundred fifty dollars nor more than five hundred dollars.

STATE : CONNECTICUT

STATUTE :

Section 22a-246. Penalties. (Bottle Refunds)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-246)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of subsection (a) of this section shall be deemed to have committed an infraction. When any such material or substances are thrown, blown, scattered or spilled from a vehicle, the operator thereof shall be deemed prima facie to have committed such offense.

STATE : CONNECTICUT

STATUTE :

Section 22a-250. Littering or dumping prohibited; penalty.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-250)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Any person who knowingly violates any provision of sections 22a-255g to 22a-255m, inclusive, including by making any false statement in a certificate of compliance prepared pursuant to section 22a-255k, shall, upon conviction, be fined not more than fifty thousand dollars for each false statement in such certificate or imprisoned not more than one year or both.

STATE : CONNECTICUT

STATUTE :

Section 22a-255l. Penalties. Referral to attorney general.

(Solid Waste Packaging)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-255l)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) No person may place a used battery in mixed municipal solid waste or discard or otherwise dispose of such a used battery except by delivery to (1) a retailer or wholesaler, (2) a recycling facility as defined in section 22a-207, (3) a secondary lead smelter permitted by the United States Environmental Protection Agency, (4) a scrap metal processor as defined in section 14-67w or (5) a municipally established collection site.

(b) No retailer shall dispose of a used battery except by delivery to (1) a wholesaler, (2) a battery manufacturer for delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, (3) a recycling center, (4) a secondary lead smelter permitted by the United States Environmental Protection Agency or (5) a scrap metal processor as defined in section 14-67w.

(c) Any person who violates any provisions of subsection (a) of (b) of this section shall be fined not more than one thousand dollars. Each battery disposed of in violation of this section shall constitute a separate violation.

STATE : CONNECTICUT

STATUTE :

Section 22a-256g. Batteries. Disposal. Penalties.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-256g)

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Each retailer shall post a written notice at his place of business which shall advise consumers that it is illegal to discard a battery, that such batteries must be recycled, that such retailer is required to accept up to three batteries from a consumer who is not purchasing a battery for a period of eighteen months beginning on October 1, 1990, in accordance with the provisions of subsection (c) of this section and that after such eighteen-month period such retailer is required to accept a used battery for recycling, in exchange for the purchase of a new battery. Such notice shall be at least eight and one-half inches wide and at least eleven inches in length.

(f) Any person who violates any provisions of subsection (e) of this section shall be fined not less than one hundred dollars for each day such violation continues.

STATE : CONNECTICUT

STATUTE :

Section 22a-256h. Deposit for batteries. Refunds. Disposal by retailer. Written notice. Penalty.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446d - Solid Waste Management

(Connecticut General Statutes Section 22a-256h)

REVIEWED ON : January 1993

STATUTORY TEXT :

(c) Any person who wilfully or knowingly violates any provision of sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305 1/ shall be fined not more than one thousand dollars for each day during which such violation continues or be imprisoned not more than six months or both. For a subsequent violation, such person shall be fined not more than six months or both. For a subsequent violation, such person shall be fined not more than two thousand dollars for each day during which violation continues or be imprisoned not more than one year or both. For the purposes of this subsection, "person" shall be construed to include any responsible corporate officer.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 14 of public act 89-305 is special in nature and therefore has not been codified but remains in full force and effect according to its terms. The act covers aquifer protection areas and local flood and erosion control boards.

STATUTE :

Section 22a-354s. Penalty. Court orders. (Acquifer Protection)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446i - Water Resources

(Connecticut General Statutes Section 22a-354s)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person violating any provision of sections 22a-359 to 22a-362, 1/ inclusive, shall be fined not less than fifteen dollars nor more than fifty dollars or imprisoned not less than ten days nor more than thirty days or be both fined and imprisoned.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 22a-359 to Section 22a-362: Erection of structures.

STATUTE :

Section 22a-363. Penalty for violation. (Structures and Dredging)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446i - Water Resources

(Connecticut General Statutes Section 22a-363)

REVIEWED ON : January 1993

STATUTORY TEXT :

(c) Any person who or municipality which knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under sections 22a-365 to 22a-378, 1/ inclusive, or who falsifies, tampers with or knowingly renders inaccurate any monitoring or method required to be maintained under said sections shall be subject to the provisions of sections 53a-155 to 53a-157, 2/ inclusive, and in addition, upon conviction, shall be fined not more than ten thousand dollars.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 22a-365 to Section 22a-378: Connecticut Water Diversion Policy Act.

2/ Section 53a-155 to Section 53a-157: Tampering with or fabricating physical evidence, perjury, false statements.

Tampering (Class D Felony) - imprisonment of from 1 year to 5 years.

Perjury (Class D Felony) - same.

False Statements (Class A Misdemeanor) - imprisonment of up to 1 year.

Alternative fine - double the gain.

STATUTE :

Section 22a-376. Injunctions. Forfeiture. Penalties.

(Water Diversion/False Statement)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446i - Water Resources

(Connecticut General Statutes Section 22a-376)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who removes any sand, gravel or other material in violation of section 22a-384 1/ shall, for each offense, be fined not more than one hundred dollars or imprisoned not more than thirty days or both and each day of continuing violation shall be construed to be a separate offense.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 22a-384: Permit requirement.

STATUTE :

Section 22a-390. Penalty. (Sand and Gravel)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446j - Dams and Reservoirs

(Connecticut General Statutes Section 22a-390)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Any person who or municipality which wilfully or with criminal negligence violates any provision of this chapter, 1/ or section 22a-6 2/ or 22a-7 3/ shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years or both. For the purposes of this subsection, person includes any responsible corporate officer.

(c) Any person who or municipality which knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or section 22a-6 or 22a-7 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or section 22a-6 or 22a-7 shall upon conviction be fined not more than ten thousand dollars for each violation or imprisoned not more than six months for each violation or both.

STATE : CONNECTICUT

FOOTNOTES :

1/ Chapter: Water Pollution Control.

2/ Section 22a-6: Authority and duties of the Commissioner of environmental protection.

3/ Section 22a-7: Cease and desist orders; subsequent hearings.

STATUTE :

Connecticut Water Pollution Control Act, Section 22a-438.

Forfeiture for violations. Penalties.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446k - Water Pollution Control

(BNA State Water Laws, p. 731:0108)

(Connecticut General Statutes Section 22a-438)

REVIEWED ON : January 1993

STATUTORY TEXT :

The master of any ship, boat, barge or other vessel, or the person in charge of any terminal for the loading or unloading of any oil or petroleum or chemical liquids or solid, liquid or gaseous products, or hazardous wastes, or the person in charge of any establishment, or the operator of any vehicle, trailer or other machine which by accident, negligence or otherwise causes the discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum or chemical liquids or solid, liquid or gaseous products, or hazardous wastes, shall immediately report such facts as the commissioner 1/ by regulation may require to the state police who shall, upon receipt of such report, take such action as the commissioner may direct. Any such report shall include, but not be limited to, the location, the quantity and the type of substance, material or waste, the date and the cause of the discharge, spillage, uncontrolled loss, seepage or filtration, the name and address of the owner of the ship, boat, barge or other vessel, terminal, establishment, vehicle, trailer or machine, and the name and address of the person making the report and his relationship to the owner. Any person who fails to make a report required by this section may be fined not more than one thousand dollars and the employer of such person may be fined not more than five thousand dollars.

STATE : CONNECTICUT

FOOTNOTES :

1/ Commissioner: Commissioner of Environmental Protection.

STATUTE :

Connecticut Water Pollution Control Act, Section 22a-450.

Report of discharge, spill, loss, seepage or filtration.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446k - Water Pollution Control

(BNA State Water Laws, p. 731:0108)

(Connecticut General Statutes Section 22a-450)

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Any person who violates any provision of this section may be fined not less than one hundred dollars nor more than three hundred dollars for the first offense, and not less than three hundred dollars nor more than five hundred dollars for the second and each subsequent offense. A separate and distinct offense shall be construed to be committed each day on which such person shall continue or permit any such violation.

STATE : CONNECTICUT

STATUTE :

Connecticut Water Pollution Control Act, Section 22a-461.

Labeling of detergents. Restrictions on sale or use. Certain sewage system additives prohibited. Penalty.

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446k - Water Pollution Control

(BNA State Water Laws, p. 731:0112)

(Connecticut General Statutes Section 22a-461)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who or municipality which violates any provisions of sections 22a-463 to 22a-469, 1/ inclusive, shall be subject to the penalties provided for in section 22a-438. 2/

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 22a-463 to Section 22a-469: Regulation of polychlorinated biphenyls.

2/ Section 22a-438: See this section, above.

STATUTE :

Connecticut Water Pollution Control Act, Section 22a-469.

Penalty. (PCB)

Connecticut General Statutes, Title 22a - Environmental Protection, Chapter 446k - Water Pollution Control

(BNA State Water Laws, p. 731:0112)

(Connecticut General Statutes Section 22a-469)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any individual, partnership, association, corporation, municipalilty, company or other entity violating any provision of sections 25-32 to 25-36, 1/ inclusive, or any order, standard or regulation issued thereunder shall be fined not more than five hundred dollars for each day such violation continues.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 25-32 to Section 25-36: Regulation of water and ice supply.

STATUTE :

Section 25-37. Penalties (Water/ice supply)

Connecticut General Statutes, Title 25 - Water Resources, Flood and Erosion Control

(Connecticut General Statutes Section 25-37)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of section 25-47, 1/ 25-48 2/ or 25-49 3/ shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

STATE : CONNECTICUT

FOOTNOTES :

1/ Section 25-47: Ice; pollution of source; notices; exception.

2/ Section 25-48: Ice; control of sources of supply; notices.

3/ Section 25-49: Ice from outside state; examinations.

STATUTE :

Section 25-50. Penalties (Ice)

Connecticut General Statutes, Title 25 - Water Resources, Flood and Erosion Control, Chapter 474 - Pollution

(Connecticut General Statutes Section 25-50)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person owning or operating a vessel which is equipped with a marine sanitation device having any type of operational bypass connection, pump or other system allowing the direct or indirect discharge of untreated sewage and from which untreated sewage is discharged into the waters of this state shall have committed a class A misdemeanor. 1/

(b) Any person owing or operating a vessel which is required to be equipped with a marine sanitation device in accordance with Section 312 of the federal Clean Water Act (33 U.S.C. 1322) and which is found without such equipment or with such equipment in a nonoperable condition shall have committed an infraction. 2/

STATE : CONNECTICUT

FOOTNOTES :

1/ Class A misdemeanor: imprisonment of up to 1 year or a fine of up to $1,000, or both.

2/ Infraction: a fine of up to $500.

STATUTE :

Section 15-175.

Connecticut General Statutes

(Connecticut General Statutes Section 15-175)

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Whoever violates any rule or regulation of the Department except those pertaining to deer shall be fined not less than $10 nor more than $50 and costs for each offense, or imprisoned not more than 30 days, or both. Whoever violates any rule or regulation of the Department pertaining to deer shall for a first offense be fined not less than $50 nor more than $150 and costs, or imprisoned 30 days, or both; for a second offense, not less than $150 and imprisoned for not less than 30 days, or both; for subsequent offenses not less than $500 or imprisoned not less than 60 days, or both, for each subsequent offense.

(f)(1) No person shall hunt, chase or pursue with the intent to kill, kill, trap, take or have in possession any deer (living or dead), except those deer taken during the open season and during lawful hours in each county.

(f)(2) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities including motor vehicles used in violation of this subsection may be seized and retained as evidence, and forfeited according to the procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of this subsection forfeited, the Superior Court shall have jurisdiction over both the violation of this subsection and the issue of forfeiture.

(f)(3) Whoever is convicted of a violation of this subsection shall be fined not less than $100, nor more than $500, or imprisoned for not more than 60 days or both. Whoever if found guilty of any subsequent offense shall be fined not less than $500, nor more than $1,000, or imprisoned for not less than 6 months or both. Anyone found guilty of a first offense shall be required to turn in any valid hunting license and shall be denied the privilege of hunting in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense anyone found guilty shall be required to turn in any valid hunting license and be denied the privilege of hunting in the State for a period of 5 years, commencing with the date of conviction. Anyone subsequently found guilty of hunting during the times when these hunting privileges are denied shall be fined not less than $100 nor more than $500. Except as otherwise provided in this subsection, the Justices of the Peace Courts shall have jurisdiction of offenses hereunder.

STATE : DELAWARE

STATUTE :

Section 103. Rules and regulations; expenditures; violations and penalty

Delaware Code, Title 7, Chapter 1 - Protected Wildlife

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each metal trap in accordance with this section, shall be fined not less than $10 nor more than $50 and costs for each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall be disposed of as the Department directs.

STATE : DELAWARE

STATUTE :

Section 514. Tagging metal traps; obtaining tags; violation

and penalty

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No nonresident or alien shall have any protected game or wildlife in his possession who does not hold a hunting, trapping or fishing license, for game and fish, respectively, for the time during which he has protected game or wildlife in his possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully possessed in this State.

(b) Whoever violates this section shall be fined not less than $50 and costs for each offense.

STATE : DELAWARE

STATUTE :

Section 515. Possession of protected game or fish by unlicensed non-resident; penalty

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever engages in the business of purchasing or receiving raw furs or pelts for commercial purposes within this State, except muskrat furs or pelts, without obtaining a license as required by section 551 of this title, shall be fined not less than $100 nor more than $500, and costs, for each and every offense. No fine imposed under this section shall be suspended.

STATE : DELAWARE

STATUTE :

Section 554. Penalties; failure to obtain license

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $150 nor more than $350, and costs for each offense. No fine imposed under this section shall be suspended.

STATE : DELAWARE

STATUTE :

Section 555. Records to be kept by licensed fur dealers;

inspection; violations and penalties

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever violates this subchaper shall be fined $10 for each offense.

STATE : DELAWARE

STATUTE :

Section 571. Penalty

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

All activities conducted pursuant to this subchapter shall be subject to the game laws and regulations of this State, except as the same may be in conflict with this chapter. Persons who trespass upon any restricted preserve authorized by this subchapter for the purpose of shooting or harassing any kind of wildlife without first obtaining permission to do so from the owner or occupant thereof, shall be fined not less than $100 nor more than $200 for each offense. The owner of a restricted preserve and his duly authorized agents may be authorized by the Department to make arrests under this section.

STATE : DELAWARE

STATUTE :

Section 589. Game laws on restricted preserves; violations and penalties; arrest by owners

Delaware Code, Title 7, Chapter 5 - Licenses

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $50 nor more than $100, and costs, for each offense, in addition to any and all other fines and forfeitures, if any, that may be imposed for the unlawful hunting, capturing, possession or killing of wild waterfowl.

(c) The construction, possession, placing, use or intended use of any other pen or cage, within the meaning of this section, shall be prima facie evidence of an offense against this section.

STATE : DELAWARE

STATUTE :

Section 705. Pen or cage adjacent to waterfowl shooting blind; construction requirements; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

No person who sets or makes use of any trap, except for muskrats, shall permit more than 24 hours to elapse between visits to such trap. Violations hereof shall be punishable by a fine of not less than $10 nor more than $50 and costs for each offense.

STATE : DELAWARE

STATUTE :

Section 706. Visiting traps within 24-hour periods; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section in the daytime, between sunrise and sunset, shall be fined not less than $25 nor more than $50 for each offense. Whoever violates this section between sunset and sunrise of any day, shall be fined not less than $50 nor more than $100 for each offense. Upon failure to pay forthwith any fine imposed under this section, together with the costs of prosecution, the offender shall be imprisoned not more than 30 days unless the fine and costs are sooner paid.

STATE : DELAWARE

STATUTE :

Section 708. Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty; jurisdiction

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $10 nor more than $50, together with costs, and, upon failure to pay said fine, shall be imprisoned for not more than 30 days unless the fine and costs are sooner paid or unless an appeal is taken.

(c) Having in one's possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at one time in the magazine and chamber combined, shall be prima facie evidence of violation of this section.

STATE : DELAWARE

STATUTE :

Section 712. Hunting with automatic-loading gun prohibited; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No person shall hunt, kill take or destroy any bird or animal protected by the laws of this State except muskrat, minks and otters, while there is snow upon the ground in such condition that any such bird or animal may be tracked therein, or track any such bird or animal that has been hunted, killed, destroyed or taken as aforesaid. Except as provided in subsection (b) of this section, whoever so hunts, kills, destroys or has in his possession any bird or animal protected by the laws of this State, shall be fined $20 for each such bird or animal.

STATE : DELAWARE

STATUTE :

Section 713. Prohibition against hunting while snow on ground; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $25 nor more than $100, and costs, for each offense, or imprisoned not less than 30 nor more than 90 days, or both, in addition to any other penalty, that may be imposed for any damage caused by the setting of unlawful fires of any kind whatsoever.

STATE : DELAWARE

STATUTE :

Section 715. Fire regulations; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $10 nor more than $50, and costs for each offense, and, in addition, for swearing falsely to any material fact in affidavit, is guilty of perjury and shall be punished accordingly.

STATE : DELAWARE

STATUTE :

Section 717. Carrying or shipment of game; regulations; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person or common carrier, required by law to comply woth the requirements of section 717 of this title, who, as carrier, ships, transports or attempts to ship or transport any game birds or animals without complying with the requirements of section 717 of this title, shall be fined not less than $50 nor more than $100, and costs, for each offense.

STATE : DELAWARE

STATUTE :

Section 718. Carrying or shipment of game -- In violation of Section 717; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever enters upon lands not owned by himself with gun and dog, or with gun alone, for the purpose of shooting any kind of birds or game without first obtaining permission to do so from the owner or occupant, shall be fined $30.

(b) Whoever, having violated subsection (a) of this section, fails to pay the fine imposed thereunder for such violation, shall forfeit his gun which shall be held by the justice of the peace for a period of 30 days, during which period the owner may redeem it by paying the fine. If, at the expiration of such period, the gun has not been redeemed, it shall be publicly sold, and so much of the proceeds necessary to the payment of the fine shall be appropriated for that purpose. The balance of the proceeds shall be returned to the owner of the gun.

STATE : DELAWARE

STATUTE :

Section 720. Trespassing upon land with gun and/or dog; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No person shall have more than 2 times the daily bag limit or creel limit of any game bird, game animal or game fish in his possession at any 1 time when it is lawful to possess such wildlife; except that nothing in this section shall apply to rabbits lawfully killed outside of this State, or to muskrat lawfully taken, or to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession.

Whoever violates this subsection shall be fined not less than $25 nor more than $100, and costs, for each offense, and in addition to such fine shall be fined $5 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, barter or exchange, or taken or killed or found in possession in excess of the bag limit.

(d) Whoever violates this section shall be fined not less than $25 nor more than $100, and costs, for each offense, and in addition to such fine shall be fined $5 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, barter or exchange, or taken or killed or found in possession in excess of the bag limit.

STATE : DELAWARE

STATUTE :

Section 721. Possession of protected wildlife; prohibitions

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever, required by this title to take out a license to hunt, fish or trap, or required by law to take out any license issued by the Department, does not do so, or hunts, fishes or traps unlawfully, or, being an unnaturalized foreigner, carries a gun or has any firearms in his possession, shall be fined not less than $10 nor more than $50, and costs, for each offense; and for every offense against this section by a nonresident, or an alien, the fine shall not be less than $50 and costs, for each offense. Nothing in this section shall apply to aliens when lawfully hunting, fishing or trapping on their own land provided such persons actually reside on a farm in this State containing 20 acres or more and are engaged in the science of husbandry on said farm.

STATE : DELAWARE

STATUTE :

Section 722. Hunting, fishing or trapping without a license; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who shall frighten or harass migratory birds while at rest on the property of another by use of a rifle, shotgun or any other weapon, shall be fined not less than $25, nor more than $100, together with costs.

STATE : DELAWARE

STATUTE :

Section 723. Frightening or harassing migratory birds; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who shall take, attempt to take, kill or attempt to kill an otter, other than by trap and other than during the open season for muskrat, as said season is denoted in other sections of subchapter III of this chapter, shall be fined not less than $25, nor more than $100, together with costs.

STATE : DELAWARE

STATUTE :

Section 724. Prohibiting the taking or killing of otter; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section, upon conviction shall be fined not less than $10 nor more than $100.

(d) Justices of the peace shall have original and exclusive jurisdiction to hear and determine violations of this section.

STATE : DELAWARE

STATUTE :

Section 725. Requiring wearing of hunter orange in the hunting of deer; violation and penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) A person found guilty of violating this section shall be fined not less than $100, nor more than $300, or shall be imprisoned for not more than 90 days, or both. Justices of the peace shall have jurisdiction of offenses under this section.

STATE : DELAWARE

STATUTE :

Section 726. Discharge of firearms on or near public roads and public rights-of-way; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Anyone who sets, tends or possesses or attempts to set or tend a killer, body-gripping trap with a jaw spread in excess of 5 inches shall be fined not less than $250 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for each subsequent offense. The fines imposed under this section shall not be suspended.

STATE : DELAWARE

STATUTE :

Section 727. Killer, body-gripping traps

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $100 nor more than $250 for the first offense and not less than $250 nor more than $500 for each subsequent offense. The fines imposed by this section shall not be suspended.

STATE : DELAWARE

STATUTE :

Section 729. Prohibition against use of lights; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) A person found guilty of violating this section shall be fined not less than $25 nor more than $100. Justice of the peace shall have jurisdiction of offenses under this section.

STATE : DELAWARE

STATUTE :

Section 730. Hunting or trapping in safety zones; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $100 nor more than $250 for each offense.

STATE : DELAWARE

STATUTE :

Section 731. Wilful obstruction or impeding of lawful hunting, fishing or trapping activities

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

No booby, brush or stake blinds shall be erected sooner than 30 days prior to the open season for the hunting of wild water fowl and all such blinds shall be removed within 30 days after the close of said season.

Any person who violates this section shall be fined $10 for the first offense and $25 for each subsequent offense.

STATE : DELAWARE

STATUTE :

Section 746. Erection and removal of booby, brush or stake blinds

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who disturbs, destroys or in any manner damages a bald eagle's nest or aerie shall be fined not more than $500, together with costs, or be imprisoned for 50 days or both.

(b) Any person shooting, killing or attempting to kill a bald eagle or any person who removes, or attempts to remove eggs or eaglets from their nest or aerie shall be fined $1,000, together with costs, or imprisoned 100 days or both.

(c) Any person who barters, offers to barter, trades, offers to trade or possesses any bald eagle, bald eagle eggs or eaglets shall be fined $1,000, together with costs, or imprisoned 100 days or both.

STATE : DELAWARE

STATUTE :

Section 747. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall, for each and every offense, be fined not more than $5, and in default of the payment of the fine and costs shall be imprisoned not more than 20 days.

STATE : DELAWARE

STATUTE :

Section 763. Hunting muskrats with dog; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $25 nor more than $100 for each muskrat house, nest, den, lair or refuge, dug into, torn down, removed, interfered with, destroyed or damaged in any way, and in default of the payment of the fine and costs shall be imprisoned for 1 day for each dollar of the total fine and costs imposed and defaulted.

STATE : DELAWARE

STATUTE :

Section 764. Muskrat nailing; destroying or damaging muskrat house, den; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever enters into or upon, or trespasses upon the ways, marshes, lands or premises of another within this State, without first obtaining the consent or the owner or lessee thereof, for the purpose of taking, trapping, capturing or killing any muskrat in any manner whatsoever, shall be fined not less than $50 nor more than $100, and the costs, for each offense, and in default of the payment thereof shall be imprisoned not more than 30 days.

STATE : DELAWARE

STATUTE :

Section 765. Trespassing on property of another to kill muskrats; violations and penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(e) Whoever violates, or fails to fully comply with, this section, shall be fined not more than $500 nor less than $100 or imprisoned not more than 1 year, or both.

STATE : DELAWARE

STATUTE :

Section 766. Draining Prime Hook Creek; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $25 nor more than $50 for each offense, and in default of the payment of such fine and costs, shall be imprisoned for not more than 30 days, or both.

STATE : DELAWARE

STATUTE :

Section 767. Taking muskrat on public road or highway; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $25 nor more than $50, for each offense, and in default of the payment of such fine and costs, shall be imprisoned for not more than 30 days.

STATE : DELAWARE

STATUTE :

Section 768. Diving or box trap; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $20 nor more than $200.

STATE : DELAWARE

STATUTE :

Section 769. Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined for each offense not less than $100 nor more than $1,000.

STATE : DELAWARE

STATUTE :

Section 772. Receipt of rabbits from without the State; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever violates sections 774 and 775 shall be fined for each offense not less than $10 nor more than $20.

STATE : DELAWARE

STATUTE :

Section 776. Violation of Sections 774 and 775; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever takes or destroys any terrapin eggs found, or collected, on or near the shore of any bay, river or stream in this State, where the water is salt, or upon any salt marsh, or beach, shall be fined $10. Anyone having possession of such eggs shall be deemed to have taken them there, unless he proves the contrary.

STATE : DELAWARE

STATUTE :

Section 781. Taking or destroying terrapin eggs; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined $15 for each offense.

STATE : DELAWARE

STATUTE :

Section 782. Terrapin taken or caught in Indian River or Rehoboth Bay -- Legal size; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever uses any dredge for the purpose of catching or taking terrapin in the Indian River or Rehoboth Bay, or waters adjacent thereto, shall be fined $20 for each offense.

STATE : DELAWARE

STATUTE :

Section 783. Same -- Use of dredges to take terrapin; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever catches, takes or has in his possession any diamond back terrapin, which measures less than 4 lineal inches in the middle of its under shell, shall be fined not more than $5, for each terrapin so taken or had in possession.

STATE : DELAWARE

STATUTE :

Section 784. Minimum legal size for diamond back terrapin in Sussex County; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $5 nor more than $25 for each terrapin so caught, taken or had in possession, and in default of the payment of such fine together with costs, shall be imprisoned not more than 10 days.

STATE : DELAWARE

STATUTE :

Section 785. Prohibition on taking of diamond back terrapin; mimimum size heifer; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section in the daytime, between sunrise and sunset, shall be fined $100 and costs of prosecution for each offense. Whoever violates this section between sunset and sunrise of any day, or makes use of an artificial light in doing or attempting to do anything prohibited by this section, shall be fined not less than $150 nor more than $250 and costs of prosecution for each offense. Upon failure to pay forthwith any such fine so imposed under this section, together with costs of prosecution, the offender shall be imprisoned not more than 60 days, unless said fine and costs are sooner paid.

STATE : DELAWARE

STATUTE :

Section 792. Protection of deer; penalties

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

No person shall at any time shoot, kill, wound, take or destroy any red fox except that red foxes may be shot in New Castle County commencing at the Chesapeake and Delaware Canal and thence proceeding in a southerly direction to embrace the remainder of New Castle County, thence proceeding southerly to include Duck Creek Hundred in Kent County from November 1 though December 31; provided, however, no red fox may be shot during time when it is lawful to take deer with a firearm; provided, further, however, no red fox may be shot that are being pursued by a pack of hounds; provided, further, however, no person shall take or kill, in any 1 day, more than 4 red foxes. Nothing in this section shall be construed to prevent the killing of a fox by the owner of poultry if such fox is in the act or killing or carrying away such poultry.

Whoever violates this section shall be fined not less than $100 nor more than $500 and in default of payment of said fine and costs shall be imprisoned not more than 30 days. Any penalty assessed under this section shall not be suspended.

STATE : DELAWARE

STATUTE :

Section 793. Prohibition against hunting red fox; exception; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this section shall be fined not less than $100 nor more than $500 or imprisoned not more than 30 days. No penalty imposed under this section shall be suspended.

STATE : DELAWARE

STATUTE :

Section 794. Sale or shipment of red fox or red fox hides; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $10 nor more than $50, or imprisoned not more than 10 days, for every female fox or whelp so dug or taken out of any den, or killed or caused to be killed.

STATE : DELAWARE

STATUTE :

Section 795. Digging out or killing female fox or her young whelps; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No person shall take or kill more than 24 bullfrogs in any 1 day or night, or have the same in his possession for more than 5 days after the close of the season for killing excepting when they are had in possession alive for scientific or propagating purposes.

Whoever violates this section shall be fined not less than $5 nor more than $10.

STATE : DELAWARE

STATUTE :

Section 796. Legal limit on bullfrogs; penalty

Delaware Code, Title 7, Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

REVIEWED ON : March 1993

STATUTORY TEXT :

(f) Any person who violates subsection (a), (b), (c) or (d) of this section shall be fined not less than $500 for each violation.

(g) Any person who violates subsection (e) of this section shall be fined not less than $25 for each violation. Each food fish purchased, traded or bartered for shall constitute a separate violation.

STATE : DELAWARE

STATUTE :

Section 913. Sale, trade and/or barter of food fish

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(i) Whoever violates this section shall be fined $2,500 for the first offense and $5,000 for each offense thereafter.

STATE : DELAWARE

STATUTE :

Section 919. Menhaden fishing; penalties

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person who violates this section shall be fined not less than $500 nor more than $1,000, plus the payment of costs, and for any subsequent violation of this section the person shall be fined $2,500, plus payment of costs.

STATE : DELAWARE

STATUTE :

Section 926. Extracting oil or making fertilizer from food and game fish; penalty

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person who is determined to be in violation of this section shall be fined not less than $2,000 and not more than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months; and for any subsequent violation of this section the person shall be fined not less than $5,000, plus the payment of costs, and/or imprisoned up to 6 months.

STATE : DELAWARE

STATUTE :

Section 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(f) Theft of finfish, or attempted theft of finfish, from another person's fishing equipment shall be a class A misdemeanor, unless the value of the finfish is $300 or more, in which case it shall be a class E felony. Whoever violates this section shall be fined and/or imprisoned in accordance with the fines and/or terms of imprisonment specified in Chapter 42 of Title 11 for a class A misdemeanor and a class E felony.

STATE : DELAWARE

STATUTE :

Section 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter or regulation promulgated by the Department or permit issued by the Division shall be punishable as follows:

(1) If there has been a violation of any provisions in sections 910, 917, 918, 920, 921, 922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be fined not less than $50 nor more than $200 for each violation, plus the payment of all costs. For any second violation of any provisions in sections 910, 917, 918, 920, 921, 922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be fined not less than $200 nor more than $1,000, plus the payment of all costs. For any subsequent violation of any provisions in sections 910, 917, 918, 920, 921, 922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be fined not less than $500 nor more than $1,500 plus the payment of costs;

(2) If there has been a violation of any section of this chapter or any regulation promulgated by the Department or permit issued by the Division other than a provision of sections 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 of this title or regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or method of fishing, each violator thereof shall be fined not less than $25 nor more than $100, plus the payment of all costs. For any subsequent violation of any provision of any section of this chapter or any regulation promulgated by the Department or permit issued by the Division, other than a provision of sections 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 of this title and/or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or method of fishing within 2 years of any previous violation thereof, each violator shall be fined not less than $100 nor more than $500, plus the payment of all costs. For each violation of any section of this chapter, any regulation promulgated by the Department pursuant thereto, or any permit issued by the Division which involves the illegal taking of a striped bass in the tidal waters of this State, there shall be imposed a fine of not less than $100 nor more than $500. Each striped bass illegally taken shall constitute a separate violation;

(c) If any violation of any provision in this chapter or regulation promulgated by the Department or permit issued by the Division is continuing or threatening to begin, the Secretary may, in addition to having the violator prosecuted in either the Superior Court or Justice of the Peace Court as provided for in this section, seek a temporary restraining order, a temporary injunction or permanent injunction in the Court of Chancery.

(d) Any person, organization, group, business, corporation, partnership or any other type of entity that knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under any provision of this chapter, any permit or any regulation promulgated or issued under this chapter shall be fined not less than $1,000, plus the payment of all costs, and may be imprisoned for up to 30 days or may be fined and imprisoned. The Superior Court shall have jurisdiction over offenses under this subsection. No fine imposed under this subsection shall be suspended.

STATE : DELAWARE

STATUTE :

Section 936. Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.

Delaware Code, Title 7, Chapter 9 - Finfishing in Tidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person, organization, group, business, corporation, partnership or other type of entity that violates this chapter and/or any permit issued by the Division or Director pursuant to this chapter shall be punished under section 1304 of this title.

(c) Any person, organization, group, business, corporation, partnership or other type of entity that violates any regulation promulgated by the Department pursuant to section 103 of this title, shall be punishable under section 103(e) of this title.

STATE : DELAWARE

STATUTE :

Section 1106. Enforcement of chapter; violations

Delaware Code, Title 7, Chapter 11 - Finfishing in Nontidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

The following acts shall be offenses under this subchapter punishable by a fine of $20 for each such act:

(1) To alter or change a Delaware trout fishing stamp in any way;

(2) To loan such a stamp to another person for use as authority to fish in trout-stocked waters;

(3) To furnish any false information as to the identity of the applicant upon the application for such a stamp;

(4) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Department with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in section 1127 of this title.

(5) Upon demand by any Game Warden to fail or refuse to exhibit a stamp when fishing in trout-stocked waters; except upon lands owned or leased as provided in section 1127 of this title.

STATE : DELAWARE

STATUTE :

Section 1129. Offenses; penalty

Delaware Code, Title 7, Chapter 11 - Finfishing in Nontidal Waters

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person convicted of violating any provision of Part I of this title which does not specifically prescribe a penalty shall be fined not less than $50, nor more than $250, plus the costs of prosecution, or said person may be imprisoned for not more than 30 days, or said person may be both fined and imprisoned according to the aforesaid limitations. No penalty imposed by this section shall be suspended.

STATE : DELAWARE

STATUTE :

Section 1304. Penalty for violation of any game or fish law except those laws specifying a penalty

Delaware Code, Title 7, Chapter 13 - Enforcement of Game and Fish Laws

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever, being an official, officer or warden, fails to perform any act, duty or obligation enjoined upon him by this part, shall be fined not less than $50 nor more than $100 and costs for each offense.

STATE : DELAWARE

STATUTE :

Section 1306. Failure of officer or warden to do his duty; penalty

Delaware Code, Title 7, Chapter 13 - Enforcement of Game and Fish Laws

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction.

(b) Any person charged before a justice of the peace with a violation of this part shall have the right to appeal to the Superior Court for the county wherein the hearing before the justice of the peace takes place. The appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting the day as one, upon the party entitled to the appeal, or his agent or attorney, praying it and offering sufficient security in such sum as the justice deems sufficient to cover the judgment appealed from and the costs on the appeal. The justice shall make an entry thereof as follows:

"On the ........ day of ..........., 19....., the said ............ appeals, and .......... becomes surety in the ....................... sum of ........... that the said appeal shall be prosecuted with effect, and also that any judgment which shall be rendered against the said ........... or his executors or administrators, upon said appeal, shall be satisfied."

The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to satisfy any judgment rendered on the appeal against the part appealing, or his executor or administrators, and, if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above that sum in the Superior Court, or if the appeal is not entered, or is dismissed, execution may be issued against the defendant and surety.

STATE : DELAWARE

STATUTE :

Section 1309. Jurisdiction of justices of peace; appeal; bond

Delaware Code, Title 7, Chapter 13 - Enforcement of Game and Fish Laws

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Any person, who violates any provision of this section shall be fined not more than $1,000 for each offense, or be imprisoned for not more than 30 days for each offense.

STATE : DELAWARE

STATUTE :

Section 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties

Delaware Code, Title 7, Chapter 13 - Enforcement of Game and Fish Laws

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) If a person is not maintaining his facilities in accordance with section 1703 of this title, any license issued in accordance with section 1701 of this title shall be revoked for a period of up to 1 year or until such time as section 1703 of this title has been complied with. Any person who kennel license is revoked shall, within 10 days thereafter, humanely dispose of all animals being owned, kept or harbored by such person and no part of the license fee shall be refunded. Whoever violates subsection (a) of section 1701 of this title shall be fined not less than $25 nor more than $500 for each offense and/or imprisoned for not more than 30 days.

STATE : DELAWARE

STATUTE :

Section 1702. Approval of kennel facilities; inspection; revocation of license

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever, being the owner, custodian, possessor or harborer of any female dog, allows such dog to remain at large in this State while in heat, shall be fined not more than $10.

(d) Whoever, being the owner, custodian, possessor or harborer of any dog that while running at large and without provocation, bites a person, shall be fined not less than $50 nor more than $100. For each subsequent offense involving the same dog, such owner, custodian, possessor or harborer shall be fined not less than $300 nor more than $500. The minimum fines provided for in this subsection, $50 for the first offense and $300 for each subsequent offense, shall not be subject to suspension. For purposes of this subsection, a dog shall not be deemed as running at large if such dog is on land owned or leased by such dog's owner, custodian, possessor or harborer.

STATE : DELAWARE

STATUTE :

Section 1704. Dogs running at large

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs, the owner or custodian thereof exercises reasonable precautions to keep such dogs in control, and if any such dog, during such training, wanders off and out of control of the owner or custodian without his fault, such dog shall not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of this State, during the closed season while so training, the owner or custodian shall be fined not less than $2 nor more than $5 for each offense.

STATE : DELAWARE

STATUTE :

Section 1706. Training of dogs; unlawful to carry gun; penalty

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Any person who confines any licensed dog with or without collar and license tag or any dog not legally required to be licensed, not his lawful property, without first notifying the Department, Dover, Delaware, or a Game Warden or other officer either by registered mail or by messenger, of his intentions to do so and giving a complete description of the dog, the exact location of the premises on which such dog is to be detained and the name of the owner or tenant of such property, shall be fined not less than $10, nor more than $50, and costs for each offense and upon failure to pay such fine and costs shall be imprisoned for 30 days.

STATE : DELAWARE

STATUTE :

Section 1707. Dogs as personal property; taking or stealing of; penalty

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

Whoever violates this subchapter, unless otherwise specifically provided shall be fined not less than $5, nor more than $50, for each offense, and failing to pay such fine and costs shall be imprisoned not more than 10 days.

STATE : DELAWARE

STATUTE :

Section 1714. Penalties

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever wilfully tortures, poisons, beats, kicks, strikes, mutilates, injures, disables or otherwise mistreats a dog used to assist the blind, the visually impaired or the handicapped shall be fined not less than $50 for each offense, nor more than $100.

STATE : DELAWARE

STATUTE :

Section 1717. Unlawful harm to law enforcement dogs or seeing eye dogs

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates any of the provisions of any such notice and warning shall be fined $25 for each offense, together with the costs of prosecution, or in default of payment thereof shall be imprisoned not more than 10 days.

STATE : DELAWARE

STATUTE :

Section 1723. Making of boundary lines; posting of notice; penalty

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

No person shall wilfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.

Whoever violates this section shall be fined $10 for each offense, together with costs of prosecution, or in default of payment thereof shall be imprisoned for not more than 5 days.

STATE : DELAWARE

STATUTE :

Section 1724. Injuring or destroying fence, wire or poster;

penalty

Delaware Code, Title 7, Chapter 17 - Dogs

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates any of the provisions of this chapter shall be fined not less than $25 nor more than $500. Justices of the Peace Courts shall have jurisdiction over offenses under this chapter.

STATE : DELAWARE

STATUTE :

Section 1808. Penalty

Delaware Code, Title 7, Chapter 18 - Eel Fishing

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Failure to submit or falsification of the reports required by the Department shall result in the automatic revocation of the lease, license, or permit and fine of no less than $100 nor more than $2,500 to be determined on the estimated amount of fees owned the Department by that person for the previous year's shellfish harvest.

STATE : DELAWARE

STATUTE :

Section 1910. Annual report; failure to submit or falsification of report

Delaware Code, Title 7, Chapter 19 - General Provisions

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who violates any of the provisions of Chapters 19 through 25 of this title, except sections 1910, 1911, 2102, 2306, 2506, 2509, or any rules or regulations adopted pursuant thereto, shall be fined $25 for the first offense and $100 for each offense thereafter. Magistrates shall have jurisdiction over all offenses under this section.

STATE : DELAWARE

STATUTE :

Section 1912. Penalties

Delaware Code, Title 7, Chapter 19 - General Provisions

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Any person who violates this section shall be fined a minimum of $2,000.

STATE : DELAWARE

STATUTE :

Section 2102. Natural oyster beds

Delaware Code, Title 7, Chapter 21 - Oysters

REVIEWED ON : March 1993

STATUTORY TEXT :

The buoys of all lobster pots placed for commercial purpose shall be marked with the color code and number that is assigned to each commercial lobster pot licensee. All buoys must be of a positive flotation material. The lobstering vessel specified on the license shall display the color code assigned to the licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be fully visible from either side of said vessel. It shall be unlawful for any person to lift any commercial lobster pot from a vessel other than the one corresponding to the color code on that pot buoy. Any pot attached to a buoy which is not marked as specified in the regulation, may be confiscated by the Department. Any person guilty of removing lobsters from any commercial lobster pot from a vessel other than the one corresponding to the color code on that pot buoy shall be fined $100.

STATE : DELAWARE

STATUTE :

Section 2506. Marking of commercial lobster pots and vessels

Delaware Code, Title 7, Chapter 25 - American Lobsters

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates this chapter shall be fined not less than $100 nor more than $1,000 for a first offense. For each subsequent conviction, a person shall be fined not less than $500 nor more than $2,000.

STATE : DELAWARE

STATUTE :

Section 2605. Penalty

Delaware Code, Title 7, Chapter 26 - Surf Clams

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who is convicted 2 times in the same calendar year for violations of this chapter or any regulation promulgated by the Department pursuant thereto shall be subject to the following provisions.

(1) If the person holds a valid permit at the time of the second conviction, said permit shall be revoked by the Department. Persons whose permits are revoked shall not be eligible to reapply for a permit under this chapter until 5 years after the date of revocation.

(2) If said person does not hold a valid permit at the time of the second conviction, such person shall not be eligible to apply for any permit outlined in this chapter for a period of 5 years after the second conviction.

(b) Any person convicted of a violation of any provision of this chapter or any regulation promulgated by the Department pursuant thereto, shall be fined not less than $100 nor more than $1,000 for each violation, plus payment of all costs. Each individual horseshoe crab taken in violation of any provision of this chapter or regulation promulgated by the Department pursuant thereto shall constitute a separate violation.

STATE : DELAWARE

STATUTE :

Section 2705. Penalties

Delaware Code, Title 7, Chapter 27 - Horseshoe Crabs

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection.

(b) Any person who intentionally, knowingly, and after written notice to comply, violates or refuses to comply with an notice issued pursuant to section 4013(d)(2) of this title shall be fined not less than $500 or more than $10,000 for each offense. The Superior Court shall have jurisdiction of offenses brought under this subsection.

STATE : DELAWARE

STATUTE :

Section 4015. Penalties

Delaware Code, Title 7, Chapter 40 - Erosion and Sedimentation Control

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever wilfully obstructs or damages any part of a tax ditch, as specified in subsection (a) of this section, or wilfully interferes in any way with tax ditch operations as provided for in this chapter or in a ditch order made pursuant to this chapter, shall be fined not more than $100.

STATE : DELAWARE

STATUTE :

Section 4186. Obstruction of or damage to tax ditch; civil and criminal liability

Delaware Code, Title 7, Chapter 41 - Drainage of Lands; Tax Ditches

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) It shall be unlawful to place, dump or throw rubbish, garbage, refused, trash or other debris of any kind within any public beach of this State, except in such receptacles as are provided for such purpose. Whoever violates this provision shall be fined not less than $50 nor more than $100, together with costs of prosecution, and in default of payment of the fine and costs shall be subject to section 4105 of Title 11.

All law-enforcement agencies, to include Environmental Protection Officers of the Department of Natural Resources and Environmental Control, shall have equal authority to enforce this section. Justices of the peace shall have jurisdiction of offenses under this section.

STATE : DELAWARE

STATUTE :

Section 4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty

Delaware Code, Title 7, Chapter 45 - Public Lands, Parks Memorials

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever violates the rules and regulations promulgated by the Department of Natural Resources and Environmental Control shall be fined not less than $25 nor more than $250 and costs for each offense, or imprisoned not more than 30 days, or both. For each subsequent like offense he/she shall be fined not less than $50 nor more than $500. In addition to such fines, costs or imprisonment, any person who is convicted of any violation involving damaging, destroying or removal of state parks property shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of, or in addition to the aforesaid penalties, the court may order violators convicted of any violation involving damaging, destroying or removal of state park property to perform work projects in state parks.

STATE : DELAWARE

STATUTE :

Section 4702. Violation of rules and regulations; penalties

Delaware Code, Title 7, Chapter 47 - State Parks

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who wilfully or negligently (1) violates section 6003 of this title, or violates any conditions or limitation included in a permit issued pursuant to section 6003 of this title, or any variance condition or limitation, or any rule or regulation, or any order of the Secretary, or (2) violates any requirements of a statute or regulation respecting monitoring, recording and reporting of a pollutant or air contaminant discharge; or (3) violates a pretreatment standard or toxic effluent standard with respect to introductions of pollutants into publicly owned treatment works shall be punished by a fine of not less than $2,500 nor more than $25,000 for each day of such violation. The Superior Court shall have jurisdiction of offenses under this subsection.

(b) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than 6 months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

(c) Whoever violates this chapter, or any rule or regulation promulgated thereunder or any rule or regulation in effect as of July 26, 1974, or any permit condition, or any order of the Secretary, shall be punished by a fine of not less than $50 nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. The courts of the justices of the peace shall have jurisdiction of offenses under this section.

STATE : DELAWARE

STATUTE :

Section 6013. Criminal penalties

Delaware Code, Title 7, Chapter 60 - Environmental Control

(BNA State Air Laws, p. 336:0109)

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Any person charged with violation of subsection (b) of this section, upon conviction, shall be fined not less than $100 nor more than $500 for each violation and there shall be no suspension of the fine. Each day of continued violation or part thereof shall be considered as a separate offense. The court shall, in addition to levying the fine, order the person convicted to remove or cause to be removed any improperly disposed solid waste. The courts of the justices of the peace shall have jurisdiction of offenses under this section.

STATE : DELAWARE

STATUTE :

Section 6025. Solid Waste

Delaware Code, Title 7, Chapter 60 - Environmental Control

REVIEWED ON : March 1993

STATUTORY TEXT :

(f) Any person who violates this section or any rule or regulation duly promulgated thereunder shall be punishable as follows:

(1) By a civil penalty of not less than $1,000 nor more than $10,000 for each violation; or

(2) For knowingly failing to comply, by a fine of not less than $2,500 nor more than $25,000 or imprisonment up to 6 months, or both.

The Superior Court shall have jurisdiction for enforcement of this section.

STATE : DELAWARE

STATUTE :

Section 6028. Report of discharge of pollutant or air contaminant

Delaware Code, Title 7, Chapter 60 - Environmental Control

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial violation of this subsection shall be a formal written warning by the Secretary for the first offense; and for any subsequent violation a fine of $500 shall be imposed.

(b) No person shall use, introduce or apply, or cause any other person to use, introduce or apply in any sewage system, surface waters or groundwaters in this State any sewage system cleanser or additive containing any restricted chemical material or any combination thereof, in excess of 1 part per hundred. The penalty for violating this subsection shall be a fine of $100 for the first offense and $1,000 for each subsequent offense.

(c) No person shall serve water, or a product containing water, to the public from a well ordered closed due to the presence of restricted chemical materials. The penalty for each such violation shall be a fine of not less than $1,000 nor more than $10,000. Any subsequent violation of this subsection by a violator shall result in the closing of the facility until a new and safe source of water is found and is operative in the facility.

STATE : DELAWARE

STATUTE :

Section 6034. Sewer system cleansers and additives contaminant

Delaware Code, Title 7, Chapter 60 - Environmental Control

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Whoever negligently violates section 6073 of this title shall be fined not less than $2,500 nor more than $25,000 per day of violation, or be imprisoned for not more than 1 year, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both.

(b) Whoever knwoingly violates section 6073 of this title shall be fined not less than $5,000 nor more than $50,000 per day of violation, or be imprisoned for no more than 3 years, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $10,000 nor more than $100,000, per day of violation, or by imprisonment of not more than 6 years, or both.

STATE : DELAWARE

STATUTE :

Section 6074. Penalties

Delaware Code, Title 7, Chapter 60 - Environmental Control

REVIEWED ON : March 1993

STATUTORY TEXT :

(b) Whoever violates this section shall be fined not less than $25 nor more than $100, or imprisoned for not more than 30 days, or both.

STATE : DELAWARE

STATUTE :

Section 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses

Delaware Code, Title 7, Chapter 61 - Minerals in Submerged Lands

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this chapter, or any rule, or regulation, in effect at the time of the enactment of this chapter or any lease or permit condition, or any order of the Secretary shall be punished by a criminal penalty of not less than $50 nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Courts of the Justice of the Peace shall have jurisdiction of offenses under this section.

(d) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any lease or permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than 6 months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

STATE : DELAWARE

STATUTE :

Section 6142. Violations; enforcement; civil and criminal

penalties

Delaware Code, Title 7, Chapter 61 - Minerals in Submerged Lands

REVIEWED ON : March 1993

STATUTORY TEXT :

(f) Any person who intentionally or knowingly violates a provision of this chapter, any condition or limitation in a transfer facility approval or permit issued pursuant to this chapter, any variance, condition or limitations, any rule or regulation or any order of the Secretary, shall, in addition to or in lieu of any other remedy set forth herein, be subject, upon conviction, to a fine of not less than $2,500 nor more than $25,000 for each day of such violation, or shall be subject to imprisonment not to exceed 1 year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than 2 years, or by both. The Superior Court shall have jurisdiction of offenses under this subsection.

(g) Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan, manifest, label or other document filed or required to be maintained under this chapter, or under any transfer facility approval or permit, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $25,000, or by imprisonment for not more than 1 year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more thatn 2 years, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

(h) Each day of violation as specified in any action pursuant to the above subsections shall constitute a separate violation.

STATE : DELAWARE

STATUTE :

Section 6309. Enforcement

Delaware Code, Title 7, Chapter 63 - Hazardous Waste Management

(BNA State Solid Waste - Land Use, p. 1136:0186)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Any person who intentionally or knowingly violates any rule, regulation, order, permit condition or provision of this chapter shall be fined not less than $500 nor more than $10,000 for each offense. Continuance of any activity prohibited by this chapter during any part of a day shall constitute a separate offense. Any person found guilty of violating any cease and desist order of the Secretary shall be fined for each offense, starting from the date of receipt of the order. The Superior Court shall have jurisdiction of offenses under this subsection.

(b) Any person who violates any rule, regulation, order, permit condition or provision of this chapter shall be fined not less than $50 or more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Justices of the Peace Courts shall have jurisdiction of offenses under this subsection.

STATE : DELAWARE

STATUTE :

Section 6617. Penalties

Delaware Code, Title 7, Chapter 66 - Wetlands

(BNA State Solid Waste - Land Use, p. 1136:2185)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who operates a motor vehicle, or owns a motor vehicle which he permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department, shall be fined not less than $50, nor more than $100, which may be enforced in accordance with Title 21.

STATE : DELAWARE

STATUTE :

Section 6702. Violations

Delaware Code, Title 7, Chapter 67 - Motor Vehicle Emissions

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Any person who: (1) Violates any condition or limitation in a permit issued pursuant to this chapter; (2) engages in any activity prohibited by this chapter; or (3) violates any regulation duly promulgated according to this chapter, shall upon conviction be fined not less than $200 nor more than $5,000, or imprisoned for not more than 2 years, or both, and in addition, shall reimburse the Department for its reasonable expenditures in remedying damage created.

STATE : DELAWARE

STATUTE :

Section 6807. Penalties

Delaware Code, Title 7, Chapter 68 - Beach Preservation

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates this chapter shall be fined not more than $50,000 for each offense. The continuance of an activity prohibited by this chapter during any part of a day shall constitute a separate offense. Superior Court shall have exclusive original jurisdiction over offenses under this chapter.

STATE : DELAWARE

STATUTE :

Section 7011. Penalties

Delaware Code, Title 7, Chapter 70 - Coastal Zone Act

REVIEWED ON : March 1993

STATUTORY TEXT :

(h) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any variance or temporary emergency variance issued pursuant to this section or section 7109 of this title or any cease and desist order of the Secretary, shall be punished by a fine of not less than $25 nor nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. Any court of competent jurisdiction shall have jurisdiction of offenses under this subsection.

(i) Any person who willfully or negligently violates this chapter or any rule or regulation duly promulgated thereunder, or any variance or temporary emergency variance or any cease and desist order of the Secretary shall be punished by a penalty of not less than $500 nor more than $3,000 for each day of such violation. The Superior Court shall have jurisdiction of offenses of this subsection.

STATE : DELAWARE

STATUTE :

Section 7108. Enforcement investigations; injunctive relief

Delaware Code, Title 7, Chapter 71 - Noise Control and Abatement

REVIEWED ON : March 1993

STATUTORY TEXT :

(c) Whoever violates this chapter, or any rule or regulation promulgated thereunder, or any rule or regulation in effect at the time of the enactment of this chapter or any lease or permit condition, or any order of the Secretary, shall be punishable by a criminal penalty of not less than $50 nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Courts of the Justice of the Peace shall have jurisdiction of offenses under this section.

(d) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any lease or permit, rule, regulation or order issued under this chapter, who falsifies, tampers with or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter, shall, upon conviction, be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than 6 months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

STATE : DELAWARE

STATUTE :

Section 7214. Violations; enforcement; civil and criminal

penalties

Delaware Code, Title 7, Chapter 72 - Subaqueous Lands

REVIEWED ON : March 1993

STATUTORY TEXT :

(d) Any person who wilfully or intentionally violates a material provision of this chapter or of an RMP risk management program shall be subject to a criminal fine of not more than $25,000 for each day of such violation, or imprisonment for 1 year, or both. The Superior Court shall have jurisdiction of offenses under this subsection. The Secretary may order those operations that pose a hazard to the public to cease.

STATE : DELAWARE

STATUTE :

Section 7715. Violations and penalties

Delaware Code, Title 7, Chapter 77 - Extremely Hazardous Substances Risk Management Act

(BNA State Solid Waste - Land Use, p. 1136:0254)

REVIEWED ON : March 1993

STATUTORY TEXT :

No person may willfully, or otherwise, obstruct any canal, drain, ditch or watercourse or damage or destroy any drainage works constructed in any district. 1/

(2) Whoever shall willfully or otherwise obstruct any canal, drain, ditch, or watercourse, or impede or obstruct the flow of water therein, or shall damage or destroy any drainage works constructed by any district shall be guilty of a felony of the third degree, 2/ punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

STATE : FLORIDA

FOOTNOTES :

1/ District: Water Management District.

2/ 3rd degree felony: imprisonment of up to 5 years, or a fine of up to $5,000, or both.

STATUTE :

298.66 - Obstruction of drainage canals, etc., prohibited;

damages; penalties

Florida Statutes, Chapter 298

REVIEWED ON : December 1992

STATUTORY TEXT :

Except as provided in paragraph (2)(g) 1/ and subject to the limitations imposed by s. 316.3025(3)(b) and (c), 2/ any motor carrier or any of its officers, drivers, agents, representatives, or employees that does not comply with 49 C.F.R. Part 171, Part 172, Part 173, Part 177, or Part 178, 3/ or 49 C.F.R. s. 395.13 4/ or s. 396.9, 5/ or any rule which was adopted by a state agency and is consistent with the federal rules and regulations regarding hazardous materials, is guilty of a misdemeanor of the first degree, 6/ punishable as provided in s. 775.082 or s. 775.083. To ensure compliance with this subsection, enforcement officers of the Bureau of Motor Carrier Compliance within the Department of Transportation and state highway patrolmen may inspect shipping documents and cargo of any vehicle known or suspected to be a transporter of hazardous materials.

STATE : FLORIDA

FOOTNOTES :

1/ Paragraph (2)(g): a person operating a commercial motor vehicle having a gross weight of less than 26,000 pounds solely within state.

2/ Section 316.3025(3)(b) and (c): Fines related to placarding and shipping papers.

3/ 49 C.F.R. Parts 171, 172, 173, 177 and 178: Hazardous Materials Transportation Regulations.

4/ 49 C.F.R. Section 395.13: Authority to declare drivers out-of-service.

5/ 49 C.F.R. Section 396.9: Inspection of motor vehicles in operation.

6/ 1st degree misdemeanor: imprisonment of up to 1 year, or fine of up to $1,000, or both.

STATUTE :

316.302(4) - Commercial motor vehicles; transportation of hazardous materials; safety regulations; enforcement

Florida Statutes, Chapter 316

REVIEWED ON : December 1992

STATUTORY TEXT :

(1) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 1/ to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to subsection (7). 2/ Tampering is defined as the dismantling, removal, or rendering ineffective of any air pollution cotrol device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle. At the time of sale, lease, or transfer of title of a motor vehicle, the seller or lessor shall certify in writing to the purchaser, lessee, or person to whom title is being transferred that the motor vehicle has not been tampered with in violation of this section. Such certification shall not be deemed or construed as a warranty that the pollution control devices of the subject vehicle are in functional condition. All motor vehicles sold, reassigned, or traded to licensed motor vehicle dealers, and all lease agreements for 30 days or less are exempt from this subsection. Also exempt from this subsection are sales or motor vehicles for salvage purposes only.

(5) Any person who knowingly and willfully violates subsection (1) shall be punished as follows:

(a) For a first violation, violators shall be guilty of a misdemeanor of the second degree, 3/ punishable as provided in s. 775.082 or s. 775.083, except that a motor vehicle dealer shall be guilty of a misdemeanor of the first degree, 4/

(b) For a second or subsequent offense, violators, including motor vehicle dealers, shall be guilty of a misdemeanor of the first degree. In addition, the Department of Safety and Motor Vehicles may temporarily or permanently revoke or suspend the motor vehicle dealer license authorized pursuant to the provisions of s. 320.27.

STATE : FLORIDA

FOOTNOTES :

1/ Section 320.27: Motor vehicle dealers.

2/ Subsection (7): Authority of Department of Environmental Regulation to promulgate rules for certification of air pollution control equipment, specifying tampering activities that constitute a violation of this section.

3/ 2nd degree misdemeanor: imprisonment of up to 60 days, or fine of up to $500, or both.

4/ 1st degree misdemeanor: imprisonment of up to 1 year, or fine of up to $1,000, or both.

STATUTE :

316.2935 - Air pollution control equipment; tampering prohibited; penalty

Florida Statutes, Chapter 316

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person, real or artificial, that shall construct or enlarge, or cause to be constructed or enlarged, a canal or shall enlarge or deepen a natural stream in such a manner as to permit salt water to move inland of an established saltwater barrier line, shall be guilty of a misdemeanor of the second degree, 1/ punishable as provided in s. 775.083. Each day such movement of salt water shall continue, shall constitute a separate offense of the provisions of this law.

STATE : FLORIDA

FOOTNOTES :

1/ 2nd degree misdemeanor pursuant to section 775.083: a fine of up to $500.

STATUTE :

373.123 - Penalty (Water Resources)

Florida Statutes, Chapter 373

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person who violates any provision of this part 1/ or regulation or order issued hereunder shall, upon conviction, be guilty of a misdemeanor of the second degree, 2/ punishable as provided in ss. 775.082 and 775.083. Continuing violation after notice thereof shall constitute a separate violation for each day so continued.

STATE : FLORIDA

FOOTNOTES :

1/ Part: Regulation of wells.

2/ 2nd degree misdemeanor: imprisonment of up to 60 days, or a fine of up to $500, or both.

STATUTE :

373.336 - Penalties (Surface Water)

Florida Statutes, Chapter 373

REVIEWED ON : December 1992

STATUTORY TEXT :

It is unlawful for any person to:

(a) Falsify inventory or reconciliation records maintained in compliance with chapter 17-61, Florida Administrative Code, 1/ with willful intent to conceal the existence of a serious leak; or

(b) Intentionally damage a petroleum storage system.

Any person convicted of such a violation shall be guilty of a felony of the third degree, 2/ punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

STATE : FLORIDA

FOOTNOTES :

1/ Chapter 17-61, Florida Administrative Code: Stationary tanks.

2/ 3rd degree felony: imprisonment of up to 5 years, or fine of up to $5,000.

STATUTE :

Florida Pollutant Spill Prevention and Control Act, 376.3071 Inland Protection Trust Fund; creation; purposes; funding

(10) PENALTY

Florida Statutes, Title 28 - Natural Resources; Conservation, Reclamation, and Use, Chapter 376 - Pollutant Discharge Prevention and Removal

(BNA State Water Laws, p. 746:0170)

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person or public body in violation of this section or rules adopted under this section is subject to penalties provided in ss. 381.0012, 1/ 381.0025, 2/ and 381.0061 1/ however, an administrative fine not to exceed $2,500 may be imposed for each day such person or public body is in violation of this section.

STATE : FLORIDA

FOOTNOTES :

1/ Section 381.0012 and 381.0061: Administrative penalties.

2/ Section 381.0025: 2nd degree misdemeanor - imprisonment of up to 60 days, or fine of up to $500, or both.

STATUTE :

381.0098(5) - Enforcement and penalties (Biohazardous Waste)

Florida Statutes, Chapter 381

REVIEWED ON : December 1992

STATUTORY TEXT :

Any municipal corporation, private corporation, person, or persons that shall discharge sewage or surface drainage, or permit the same to flow into the underground waters of this state, contrary to the provisions of this chapter, 1/ shall be guilty of a misdemeanor of the second degree. 2/ The doing of the prohibited act for each day shall constitute a separate offense.

STATE : FLORIDA

FOOTNOTES :

1/ Chapter: Pollution of Waters.

2/ 2nd degree misdemeanor: imprisonment of up to 60 days, or fine of up to $500, or both.

STATUTE :

387.06 - Penalty for violation of provisions of this chapter

(Water Pollution)

Florida Statutes, Chapter 387

REVIEWED ON : December 1992

STATUTORY TEXT :

Whoever willfully or maliciously defiles, corrupts, or makes impure any spring or other source of water reservoir, or destroys or injures any pipe, conductor of water, or other property pertaining to an aqueduct, or aids or abets in any such trespass, shall be guilty of a misdemeanor of the first degree. 1/

STATE : FLORIDA

FOOTNOTES :

1/ 1st degree misdemeanor: imprisonment of up to 1 year or fine of up to $1,000, or both.

STATUTE :

387.07 - Penalty for interference with water supply

Florida Statutes, Chapter 387

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person, firm, company, corporation, or association in this state, or the managing agent of any person, firm, company, corporation, or association in this state, or any duly elected, appointed or lawfully created state officer of this state, or any duly elected appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this state, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management, or direction to deposit in any of the waters of the lakes, rivers, streams, and ditches in this state, any rubbish, filth, or poisonous or deleterious substance or substances, liable to affect the health of persons, fish, or livestock, or place or deposit any such deleterious substance of substances in any place where the same may be washed or infiltrated into any of the waters herein named, shall be guilty of a misdemeanor of the second degree, 1/ punishable as provided in s. 775.083; provided, further, that the carrying into effect of the provisions of this section shall be under the supervision of the Department of Health and Rehabilitative Services.

STATE : FLORIDA

FOOTNOTES :

1/ 2nd degree misdemeanor pursuant to section 775.083: a fine of up to $500.

STATUTE :

387.08 - Penalty for deposit of deleterious substance in lake, river, stream, or ditch

Florida Statutes, Chapter 387

REVIEWED ON : December 1992

STATUTORY TEXT :

(1) It shall be a violation of this chapter, 1/ and it shall be prohibited for any person:

(a) To cause pollution, except as otherwise provided in this chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property.

(b) To fail to obtain any permit required by this chapter, rule or regulation, or to violate or fail to comply with any rule, regulation, order, permit, or certification adopted or issued by the department 2/ pursuant to its lawful authority.

(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter.

(3) Any person who willfully commits a violation specified in paragraph (1)(a) is guilty of a felony of the third degree punishable as provided in ss. 775.082(3)(d) and 775.083(1)(g) by a fine of not more than $50,000 or by imprisonment for 5 years, or by both, for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.

(4) Any person who commits a violation specified in paragraph (1)(a) due to reckless indifference or gross careless disregard is guilty of a misdemeanor of the second degree, punishable as provided in ss. 775.082(4)(b) and 775.083(1)(g) by a fine of not more than $5,000 or by 60 days in jail, or by both, for each offense.

(5) Any person who willfully commits a violation specified in paragraph (1)(b) or paragraph (1)(c) is guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g) by a fine of not more than $10,000 or by 6 months in jail, or by both for each offense.

(6) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to ensure immediate and continued compliance with this section.

STATE : FLORIDA

FOOTNOTES :

1/ Chapter: Environmental Control.

2/ Department: Department of Environmental Regulation.

STATUTE :

Florida Air and Water Pollution Control Acts, 403.161.

Prohibitions, violation, penalty, intent

Florida Statutes, Title 29 - Public Health, Chapter 403 -

Environmental Control, Part I - Pollution Control

(BNA State Water Laws, p. 746:0122)

REVIEWED ON : December 1992

STATUTORY TEXT :

(b) Any person who dumps litter in violation of subsection (4) 1/ in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, 2/ punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator's driver's license pursuant to the point system established by s. 322.27. 3/

(c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third degree, 4/ punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order the violator to:

1. Remove or render harmless the litter that he dumped in violation of this section;

2. Repair or restore property damaged by, or pay damages for any damage arising out of, his dumping litter in violation of this section; or

3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section.

(d) A court may enjoin a violation of this section.

(e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 5/ and 932.704. 6/

(f) If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or $200, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees. A final judgement rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this paragraph which he would be estopped from asserting if such judgement were rendered in the civil action unless the criminal judgement was based upon a plea of no contest or nolo contendere.

STATE : FLORIDA

FOOTNOTES :

1/ Subsection 4: Acts prohibited, throw, discard, place or deposit litter.

2/ 1st degree misdemeanor: imprisonment of up to 1 year, or fine of up to $1,000, or both.

3/ Section 322.27: Authority of department of Highway Safety and Motor Vehicles to suspend or revoke licenses.

4/ 3rd degree felony: imprisonment of up to 5 years, or fine of up to $5,000, or both.

5/ Section 932.703: Forfeiture of vessel, motor vehicle, aircraft, other personal property or contraband article; exceptions.

6/ Section 932.704: Forfeiture proceedings.

STATUTE :

403.413(5) - Penalties; enforcement (Litter)

Florida Statutes, Chapter 403

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person who knowingly or by exhibiting reckless indifference or gross careless disregard for human health:

1. Transports or causes to be transported any biohazardous or hazardous waste, as defined in s. 403.703, to a facility which does not have a permit when such a permit is required under s. 403.707 1/ or s. 403.722; 2/

2. Disposes of, treats, or stores biohazardous or hazardous waste:

a. At any place but a hazardous waste facility which has a current and valid permit pursuant to s. 403.722 or, with regard to biohazardous waste, at any place except a facility that has a current and valid permit for the disposal or storage of biohazardous waste;

b. In knowing violation of any material condition or requirement of such permit if such violation has a substantial likelihood of endangering human health, animal or plant like, or property; or

c. In knowing violation of any material condition or requirement of any applicable rule or standard if such violation has a substantial likelihood of endangering human health, animal or plant life, or property;

3. Makes any false statement or representation or knowingly omits material information in any biohazardous or hazardous waste application, label, manifest, record, report, permit, or other document required by this act;

4. Generates, stores, treats, transports, disposes of, or otherwise handles any biohazardous or hazardous waste and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this act; 3/ or

5. Transports without a manifest, or causes to be transported without a manifest, any biohazardous or hazardous waste required by rules adopted by the department 4/ to be accompanied by a manifest is, upon conviction, guilty of a felony of the third degree, punishable for the first such conviction by a fine of not more than $50,000 for each day of violation or imprisonment not to exceed 5 years, or both, and for any subsequent conviction by a fine of not more than $100,000 per day of violation or imprisonment of not more than 10 years, or both.

STATE : FLORIDA

FOOTNOTES :

1/ Section 403.707: Permits for solid waste facilities.

2/ Section 406.722: Permits for hazardous waste disposal, storage, and treatment facilities.

3/ Act: Florida Resource Recovery and Management Act.

4/ Department: Department of Environmental Regulation.

STATUTE :

Florida Solid and Hazardous Waste Management Act, 403.727

Violations; penalties and remedies.

Florida Statutes, Title 29 - Public Health, Chapter 403 - Environmental Control

(BNA State Solid Waste - Land Use, p. 1146:0133)

REVIEWED ON : December 1992

STATUTORY TEXT :

As used in ss. 895.01-895.08, the term:

(1) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes:

2. Section 403.727(3)(b), 1/ relating to environmental control.

(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities.

(4) "Pattern of racketeering activity" means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act 2/ and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.

STATE : FLORIDA

FOOTNOTES :

1/ Section 403.727(3)(b): Relating to transporting, treating, storing, and disposing of hazardous waste without a permit.

2/ Act: Florida Racketeer Influenced and Corrupt Organizations Act.

STATUTE :

895.02 - Definitions (Hazardous Waste - RICO)

Florida Statutes, Chapter 895

REVIEWED ON : December 1992

STATUTORY TEXT :

(1) It is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

(2) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.

(3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

(4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2), or (3).

STATE : FLORIDA

STATUTE :

895.03 - Prohibited activities and defense (Hazardous Waste - RICO)

Florida Statutes, Chapter 895

REVIEWED ON : December 1992

STATUTORY TEXT :

(1) Any person convicted of engaging in activity in violation of the provisions of s. 895.03 1/ is guilty of a felony of the first degree 2/ and shall be punished as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of s. 895.03, through which he derived pecuniary value, or by which he caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed 3 times the gross value gained or 3 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

(3) The court shall hold a hearing to determine the amount of the fine authorized by subsection (2).

(4) For the purposes of subsection (2), "pecuniary value" means:

(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or

(b) Any other property or service that has a value in excess of $100.

STATE : FLORIDA

FOOTNOTES :

1/ Section 895.03: Prohibited activities and defense.

2/ First degree felony: imprisonment of up to 30 years, or fine of up to $10,000, or both.

STATUTE :

895.04 - Criminal penalties and alternative fine

(Hazardous Waste - RICO)

Florida Statutes, Chapter 895

REVIEWED ON : December 1992

STATUTORY TEXT :

(1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of s. 895.03 1/ by issuing appropriate orders and judgments, including, but not limited to:

(a) Ordering any defendant to divest himself of any interest in any enterprise, including real property.

(a) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of s. 895.03.

(c) Ordering the dissolution or reorganization of any enterprise.

(d) Ordering the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state.

(e) Ordering the forfeiture of the charter of a corporation organized under the law of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of s. 895.03 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.

(2)(a) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 2/ is subject to civil forfeiture to the state.

STATE : FLORIDA

FOOTNOTES :

1/ Section 895.03: Prohibited Activities and defense.

2/ Section 895.01-895.05: Offenses concerning racketeering and illegal debts.

STATUTE :

895.05 - Civil remedies (Hazardous Waste - RICO)

Florida Statutes, Chapter 895

REVIEWED ON : December 1992

STATUTORY TEXT :

Any person who engages in surface mining in violation of this part 1/ or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day of noncompliance after notification shall be considered a separate offense.

STATE : GEORGIA

FOOTNOTES :

1/ Part: Surface Mining.

STATUTE :

Georgia Surface Mining Act, Section 12-4-84.

Georgia Code, Title 12 - Conservation and Natural Resources, Chapter 4 - Mineral Resources and Caves, Article 2 - Mining and Drilling, Part 3 - Surface Mining

(BNA Mining, p. 1551:0104)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who violates any provision of this article 1/ or any permit condition or limitation established pursuant to this article or who fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article, or who violates any requirement imposed in a pretreatment program approved by the director 2/ or who introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which causes or may reasonably be anticipated to cause personal injury or property damage or which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works pursuant to this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2,500.00 per day nor more than $25,000.00 per day of violation, or imprisoned no more than one year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000.00 per day of violation, by imprisonment for not more than two years, or both.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by this article or by any permit, rule, regulation, or order issued under this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained by this article or by any permit, rule, regulation, or order issued under this article, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000.00, imprisoned not more than two years, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000.00 per day of violation, or by imprisonment for not more than four years, or both.

(c) Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who knowingly fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article or who knowingly violates any requirement imposed in a pretreatment program approved by the director or who knowingly introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which causes or may reasonably be anticipated to cause personal injury or property damage or which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works pursuant to this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 per day nor more than $50,000.00 per day of violation or by imprisonment for not more than two years, or both. If the conviction is for a violation committed after the first conviction of such person under this subsection, punishment shall be by a fine of not more than $100,000.00 per day of violation or by imprisonment for not more than four years, or both.

(d) Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who knowingly fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $250,000.00 or imprisonment of not more than 15 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1 million.

STATE : GEORGIA

FOOTNOTES :

1/ Article: Control of Water Pollution and Surface Water Use.

2/ Director: Director of Environmental Protection Division, Department of Natural Resources.

STATUTE :

Georgia Water Quality Control Act, 12-5-53. Criminal penalty.

Code of Georgia, Title 12 - Conservation and Natural Resources, Article 2 - Control of Water Pollution and Surface-Water Use

(BNA State Water Laws, p. 751:0113)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person violating any of the provisions of this part 1/ shall be guilty of a misdemeanor. 2/ Each day of continued violation after conviction shall constitute a separate offense.

STATE : GEORGIA

FOOTNOTES :

1/ Part: Ground water use, generally.

2/ Misdemeanor: Imprisonment in county or other jail of up to 12 months, or fine of up to $1,000, or both; or imprisonment of from 6 months up to 12 months in Department of Corrections facility.

STATUTE :

Ground Water Use Act of 1972, 12-5-107. Criminal penalty.

Code of Georgia, Title 12 - Conservation and Natural Resources

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who engages in any action made unlawful by this part 1/ shall be guilty of a misdemeanor. 2/

STATE : GEORGIA

FOOTNOTES :

1/ Part: Public water systems.

2/ Misdemeanor: Imprisonment in county or other jail of up to 12 months, or fine of up to $1,000, or both; or imprisonment from 6 months up to 12 months in Department of Corrections facility.

STATUTE :

Georgia Safe Drinking Water Act of 1977, 12-5-193. Criminal penalty. Code of Georgia, Title 12 - Conservation and Natural Resources

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person violating any of the provisions of this part 1/ shall be guilty of a misdemeanor. 2/

STATE : GEORGIA

FOOTNOTES :

1/ Part: Coastal Marshlands.

2/ Misdemeanor: Imprisonment in county or other jail of up to 12 months, or fine of up to $1,000, or both; or imprisonment of from 6 months up to 12 months in Department of Corrections facility.

STATUTE :

Georgia Coastal Marshlands Protection Act, 12-5-293. Penalty.

Code of Georgia, Title 12 - Conservation and Natural Resources, Chapter 5 - Water Resources, Part 4 - Coastal Marshlands

(BNA State Solid Waste - Land Use, p. 1151:2104)

REVIEWED ON : November 1992

STATUTORY TEXT :

It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part.

STATUTORY TEXT :

(a) Any person who:

(1) Knowingly transports or causes to be transported any solid waste as defined in this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically authorized continued operation of such facility;

(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:

(A) Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;

(B) In knowing violation of any material condition or requirement of such permit or order; or

(C) In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section 12-8-23 in force and effect on January 1, 1992;

(3) Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regulations promulgated pursuant to this part;

(4) Knowingly processes, stores, treats, transports, disposes of, or otherwise handles any solid waste as defined in this part, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or

(5) Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest

shall, upon conviction, be suject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.

(b) An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent's action is authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization.

STATE : GEORGIA

STATE : GEORGIA

STATUTE :

Georgia Comprehensive Solid Waste Management Act, 12-8-30.7.

Penalty. Code of Georgia, Title 12 - Conservation and Natural Resources, Chapter 8 - Waste Management.

STATUTE :

Georgia Comprehensive Solid Waste Management Act, 12-8-30.8.

Penalty. Code of Georgia, Title 12 - Conservation and Natural

Resources, Chapter 8 - Waste Management

(BNA State Solid Waste - Land Use, p. 1151:0109)

REVIEWED ON : November 1992

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who:

(1) Knowingly transports or causes to be transported any hazardous waste as defined in this article 1/ to a facility which does not have a permit or interim status pursuant to Code Section 12-8-66, which does not have a variance pursuant to Code Section 12-8-69, or which is not subject to an order of the director 2/ which specifically authorized continued operation of such facility;

(2) Knowingly treats, stores, or disposes of any hazardous waste as defined in this article:

(A) Without a permit or interim status pursuant to Code Section 12-8-66, a variance pursuant to Code Section 12-8-69, or an order of the director allowing such treatment, storage, or disposal of hazardous waste;

(B) In knowing violation of any material condition or requirement of such permit, interim status, variance, or order; or

(C) In knowing violation of any material condition or requirement of any applicable regulations or standards promulgated in accordance with Code Section 12-8-64 and in force and effect on January 1, 1992;

(3) Knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or regulations promulgated in accordance with Code Section 12-8-64 and in force and effect on January 1, 1992;

(4) Knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste as defined in this article, whether such activity took place before or takes place after March 14, 1985, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regulations promulgated in accordance with Code Section 12-8-64 and in force and effect on January 1, 1992; or

(5) Knowingly transports without a manifest or causes to be transported without a manifest, any hazardous waste required by this article or regulations promulgated in accordance with Code Section 12-8-64 and in force and effect on January 1, 1992 to be accompanied by a manifest

shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation, or imprisonment for not less than one nor more than two years or three years in the case of a violation of paragraph (1) or (2) of this subsection, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.

(b) Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste as defined in this article in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) of this Code section and who knows at that time that by such action another person is placed in imminent danger of death or serious bodily injury shall, upon conviction, be subject to a fine of not more than $250,000.00 or imprisonment for not less than one nor more than 15 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1 million.

(c) An organization may be convicted for the criminal acts set forth in subsections (a) and (b) of this Code section, if an agent of the organization performs the conduct which is an element of the crime while acting within the scope of such agent's office or employment and in behalf of the organization or if the commission of the criminal act set forth in subsection (a) or (b) of this Code section is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization.

STATE : GEORGIA

FOOTNOTES :

1/ Article: Hazardous Waste Disposals, Treatment, etc.

2/ Director: Director of Environmental Protection Division, Department of Natural Resouces.

STATUTE :

Georgia Hazardous Waste Management Act, 12-8-82. Criminal penalty.

Code of Georgia, Title 12 - Conservation and Natural Resources, Chapter 8 - Waste Management, Article 3 - Hazardous Waste Disposal, Treatment, Etc.

(BNA State Solid Waste - Land Use, p. 1151:0149)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

STATE : GEORGIA

STATUTE :

Georgia Air Quality Control Law, 12-9-24.

Georgia Code, Title 12 - Conservation and Natural Resources, Chapter 9 - Prevention, Control, Etc. of Air Pollution

(BNA State Air Laws, p. 351:0111)

REVIEWED ON : November 1992

STATUTORY TEXT :

(d) Any person not subject to the provisions of 18 U.S.C. 1905 who knowingly and willfully divulges or discloses any information entitled to protection under Code Section 12-13-21 shall, upon conviction, be subject to a fine of not more than $5,000.00 or to imprisonment not to exceed one year, or both.

STATE : GEORGIA

STATUTE :

Georgia Underground Storge Tank Act, 12-13-19. Violations;

imposition of penalties. Code of Georgia, Title 12 - Conservation and Natural Resources, Chapter 13 - Underground Storage Tanks

(BNA State Solid Waste - Land Use, p. 1151:0306)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) It shall be unlawful for the owner of any motor vehicle to operate or permit the operation of such vehicle on which any device controlling or abating atmospheric emissions which is placed on motor vehicle by the manufacturer pursuant to regulations promulgated by the United States Secretary of Health and Human Services in accordance with the provisions of Title II, the National Emissions Standards Act, of the Air Quality Act of 1967, Public Law 90-148 has been rendered unserviceable by removal, alteration, or other interference with its operation.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

STATE : GEORGIA

STATUTE :

Georgia Vehicle Emissions Control Acts, 40-8-130. Unlawful to operate vehicle without servicable emission control device; penalty; exceptions.

Code of Georgia, Title 40 - Motor Vehicles and Traffic, Chapter 8 - Equipment and Inspection of Vehicles, Article 2 - Control of Vehicle Emissions

(BNA State Air Laws, p. 351:0151)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who fails to report a hazardous substance release to the department 1/ immediately upon knowledge of the release shall be subject to prosecution for a criminal misdemeanor. 2/ Notification received by the department pursuant to this section or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except for a prosecution for perjury or for giving a false statement; or a violation of section 128D-10. 3/

STATE : HAWAII

FOOTNOTES :

1/ Department: Department of Health.

2/ Criminal misdemeanor:

3/ 128D-10: Knowing releases of hazardous substances.

STATUTE :

Hawaii Environmental Response Law, Section 128D-3.

Hawaii Revised Statutes, Title 10 - Public Safety and Internal Security

Chapter 128D - Environmental Response Law

(BNA State Solid Waste - Land Use, p. 1156:0303)

REVIEWED ON : January 1993

STATUTORY TEXT :

The criminal penalties set forth in sections 128D-3 1/ and 128D-10 2/ shall not take effect until the state contingency plan has been adopted. Until the state contingency plan is adopted, the national contingency plan, as it exists on the effective date of this chapter, 3/ will be considered to be the state contingency plan for purposes of enforcing the remaining sections of this chapter.

STATE : HAWAII

FOOTNOTES :

1/ 128D-3: Hazardous Substances Releases.

2/ 128D-10: Knowing releases of hazardous substances.

3/ Chapter: Environmental Emergency Response.

STATUTE :

Hawaii Environmental Response Law, Section 128D-7.

Hawaii Revised Statutes, Title 10 - Public Safety and Internal Security

Chapter 128D - Environmental Response Law

(BNA State Solid Waste - Land Use, p. 1156:0305)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who knowingly releases a hazardous substance into the environment in an amount above the reportable quantity established in the rules (other than a permitted release pursuant to and in accord with a federal, state, or county permit), shall be subject to prosecution for a class C felony or shall be punished by a civil penalty of not more than $100,000 per day of violation.

STATE : HAWAII

STATUTE :

Hawaii Environmental Response Law, Section 128D-10.

Hawaii Revised Statutes, Title 10 - Public Safety and Internal Security

Chapter 128D - Environmental Response Law

(BNA State Solid Waste - Land Use, p. 1156:0306)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per day of violation and may be imprisoned for not more than three years.

STATE : HAWAII

STATUTE :

Hawaii Drinking Water Act, Section 340E-8.

Hawaii Revised Statutes, Title 19 - Health

Chapter 1340E - Safe Drinking Water

(BNA State Water Laws, p. 756:0123)

REVIEWED ON : January 1993

STATUTORY TEXT :

In the event any person fails to comply with a summons or citation issued to such person, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation is a misdemeanor.

STATE : HAWAII

STATUTE :

Hawaii Air Pollution Control Act, Section 342B-10.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342B - Air Pollution

(BNA State Air Laws, p. 356:0104)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who:

(1) Negligently violates this chapter 1/ or any rule adopted by the department 2/ pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program under this chapter; or

(2) Negligently introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works under this chapter; shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or by both.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Water Pollution.

2/ Department: Department of Health.

STATUTE :

Hawaii Water Pollution Control Law, Section 342D-32.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342D - Water Pollution

(BNA State Water Laws, p. 756:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who:

(1) Knowingly violates this chapter 1/ or any rule adopted by the department 2/ pursuant to this chapter, or any condition in a permit issued under this chapter or any requirement imposed in a pretreatment program; or

(2) Knowingly introduces into a sewerage system or into a publicly owned treatment works any water pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state, or local requirements or permits, which causes such treatment works to violate any effluent limitation or condition in a permit issued to the treatment works under this chapter; shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than six years, or by both.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Water Pollution.

2/ Department: Department of Health.

STATUTE :

Hawaii Water Pollution Control Law, Section 342D-33.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342D - Water Pollution

(BNA State Water Laws, p. 756:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who knowingly violates this chapter 1/ or any rule adopted by the department 2/ pursuant to this chapter, or any condition in a permit issued under this chapter, and who knows at that time that the violation places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than fifteen years, or both.

(b) A person which is an organization, upon conviction of violating this section, shall be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first conviction of such person under this section, the maximum punishment shall be doubled with respect to both fine and imprisonment.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Water Pollution.

2/ Department: Department of Health.

STATUTE :

Hawaii Water Pollution Control Law, Section 342D-34.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342D - Water Pollution

(BNA State Water Laws, p. 756:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter 1/ or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this section, punishment shall be by a fine of not more than $20,000 per day of violation or by imprisonment of not more than four years, or by both.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Water Pollution.

STATUTE :

Hawaii Water Pollution Control Law, Section 342D-35.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342D - Water Pollution

(BNA State Water Laws, p. 756:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Criminal. Any person who knowingly or wilfully violates this chapter shall be guilty of a misdemeanor.

STATE : HAWAII

STATUTE :

Hawaii Lead Battery Recycling Act, Section 342I-8.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342I - Lead Acid Battery Recycling

(BNA State Solid Waste - Land Use, p. 1156:0343)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who knowingly:

(1) Transports any hazardous waste to a storage, treatment, or disposal facility which does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;

(2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5; or

(3) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, 1/

shall be subject to criminal penalties of not more than $25,000 for each day of violation, or imprisonment, not to exceed one year, or both. If the conviction is for a violation committed after a first conviction, criminal punishment shall be by a fine of not more than $50,000 for each day of violation, or by imprisonment for not more than two years, or both.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Hazardous Waste.

STATUTE :

Hawaii Hazardous Waste Management Act, Section 342J-9.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342J - Hazardous Waste

(BNA State Solid Waste - Land Use, p. 1156:0363)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who wilfully or negligently violates this chapter, 1/ any rule adopted by the department 2/ pursuant to this chapter, or any condition of a permit issued pursuant to this chapter shall be subject to a civil penalty of not more than $10,000 for each day of each violation and guilty of a petty misdemeanor. If the conviction is for a violation committed after a first conviction, the violator shall be subject to a civil penalty of not more than $20,000 for each day of each violation and guilty of a misdmeanor.

STATE : HAWAII

FOOTNOTES :

1/ Chapter: Used oil transport, recycling and disposal.

1/ Department: Department of Health.

STATUTE :

Hawaii Used Oil Recycling Act, Section 342N-8.

Hawaii Revised Statutes, Title 19 - Health

Chapter 342N - Used Oil Transport, Recycling, and Disposal

(BNA State Solid Waste - Land Use, p. 1156:0352)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any individual who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director 1/ under this act 2/ or who shall violate or fail to comply with any provisions of this act or any regulations promulgated thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.

STATE : IDAHO

FOOTNOTES :

1/ Director: Director of the Department of Agriculture.

2/ Act: Refers to Sections 22-3401 thru 22-3425, pesticide laws.

STATUTE :

22-3423

Idaho Code, Title 22, Chapter 34 - Pesticides

REVIEWED ON : January 1993

STATUTORY TEXT :

All solid waste disposal systems shall be located, maintained and operated according to rules and regulations promulgated and adopted by the state board of health and welfare. Every person who violates any of the provisions of this act, or of any order, rule or regulation of the state board of health and welfare issued pursuant thereto, where a copy of the order, rule or regulation has been served upon said person by certified mail, and said person fails to comply therewith within the time provided in the order, rule or regulation, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.

STATE : IDAHO

STATUTE :

Idaho Solid Waste Law, 31-4405. RULES AND REGULATIONS - NOTICE OF VIOLATION - MISDEMEANOR - INJUNCTION

Idaho Code, Title 31, Counties and County Law, Chapter 44 - Solid Waste Disposal Sites

(BNA State Solid Waste - Land Use, p. 1161:0102)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who wilfully or negligently violates any of the provisions of the public health or environmental protection laws or the terms of any lawful notice, order, permit, standard, rule or regulation issued pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) for each separate violation or one thousand dollars ($1,000) per day for continuing violations, whichever is greater.

STATE : IDAHO

STATUTE :

Idaho Environmental Protection and Health Act, 39-117.

Violation - Penalty - Misdemeanor.

Idaho Code, Title 39 - Health and Safety, Chapter 1 - Department of Health and Welfare

(BNA State Air Laws, p. 361:0109)

REVIEWED ON : January 1993

STATUTORY TEXT :

(1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.

(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.

STATE : IDAHO

STATUTE :

Idaho Hazardous Waste Management Act, 39-4415.

Violations constituting misdemeanors

Idaho Code, Title 39 - Health and Safety, Chapter 44 - Hazardous Waste Management

(BNA State Solid Waste - Land Use, p. 1161:0148)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who knows or has reason to know that he or she is violating any of the provisions of this chapter or the terms of any lawful notice, order, permit, standard, rule or regulation issued pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) for each separate violation or one thousand dollars ($1,000) per day for continuing violations, whichever is greater.

STATE : IDAHO

STATUTE :

39-6212

Idaho Code, Title 39 - Health and Safety, Chapter 62 - PCB

(Polychlorinated biphenyl) Waste Disposal

REVIEWED ON : January 1993

STATUTORY TEXT :

Any owner or operator who causes to be constructed or consents either expressly or impliedly to the construction of a new waste disposal and injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator who causes an existing waste disposal and injection well to be modified or consents either expressly or impliedly to the modification of an existing waste disposal and injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. 1/ From and after January 1, 1974, any owner or operator who continues to operate and maintain or consents either expressly or impliedly to the continued operation and maintenance of an existing waste disposal and injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor; provided, that no misdemeanor shall occur where an owner or operator applied for a permit before January 1, 1974, and the director of the department of water resources has not approved or rejected said application. Any owner or operator of a proposed or existing injection well who violates the rules and regulations of the water resource board shall be guilty of a misdemeanor. Each and every day that such activity is carried on in violation of this section shall constitute a separate and distinct offense.

STATE : IDAHO

FOOTNOTES :

1/ Misdemeanor: Punishable by up to 6 months imprisonment or a fine of up to $300.00, or both.

STATUTE :

42-3911

Idaho Code, Title 42, Chapter 39 - Waste Disposal and Injection Wells

REVIEWED ON : January 1993

STATUTORY TEXT :

The water resource board shall adopt minimum standards for the construction of abandonment of waste disposal and injection wells. Such standards shall require each waste disposal and injection well to be so constructed as to protect the ground water of this state from waste and unreasonable contamination. Each licensed well driller or operator will be furnished with a copy of the adopted standards, and will be required to construct each waste disposal and injection well drilled after the effective date of said rules and regulations in compliance with the determined standards. Failure by a licensed driller to comply with such standards shall constitute cause for revocation of the well driller's license in accordance with section 42-238, Idaho Code. 1/

The water resource board shall also adopt minimum standards for the construction and abandonment of shallow injection wells. Any person who constructs or abandons a shallow injection well without complying with such standards shall be guilty of a misdemeanor. 2/

STATE : IDAHO

FOOTNOTES :

1/ Section 42-238: licensing of well drillers, standards and requirements.

2/ Misdemeanor: Punishable by up to 6 months imprisonment or fine of up to $300, or both.

STATUTE :

42-3913

Idaho Code, Title 42, Chapter 39 - Waste Disposal and Injection Wells

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who willfully constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the injection of a hazardous waste or of a radioactive waste through an injection well in violation of section 42-3902A, Idaho Code 1/ or any person who willfully violates any cease and desist order after the same has been served on that person is guilty of a misdemeanor and:

(1) May be sentenced to jail for a period not to exceed six (6) months;

(2) May be fined in an amount not to exceed five thousand dollars ($5,000) for each offense; and

(3) Each day of violation shall constitute a separate offense.

STATE : IDAHO

FOOTNOTES :

1/ Section 42-3902A: Prohibition of injection of hazardous wastes.

STATUTE :

42-3919

Idaho Code, Title 42, Chapter 39 - Waste Disposal and Injection Wells

REVIEWED ON : January 1993

STATUTORY TEXT :

(g) Any person who wilfully and knowingly falsifies any records, information, plans, specifications, or other data required by the board or wilfully fails, neglects, or refuses to comply with any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) or imprisonment not to exceed one (1) year or both.

STATE : IDAHO

STATUTE :

Idaho Surface Mining and Reclamation Act, 47-1513.

Operator's failure to comply - Forfeiture of bond - Penalties - Reclamation fund

Idaho Code, Title 47 - Mines and Mining, Chapter 15 - Surface Mining

(BNA Mining, p. 1561:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

(1) Any person who knowingly makes any materially false statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or both, for each violation.

(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.

(3) Any person found guilty of a second offense under this chapter within a period of five (5) years shall be guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000).

STATE : IDAHO

STATUTE :

49-2211

Idaho Code, Title 49, Chapter 22 - Hazardous Materials and Hazardous Waste Transportation Enforcement

REVIEWED ON : January 1993

STATUTORY TEXT :

7. Any person who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the Director in the performance of official duties shall be guilty of a Class A misdemeanor. Any person using physical force against the Director in the performance of official duties shall be guilty of a Class 4 felony.

STATE : ILLINOIS

STATUTE :

Illinois Pesticide Act, 815

Illinois Revised Statues, Chapter 5 - Agriculture and Horticulture, Illinois Pesticide Act

REVIEWED ON : November 1992

STATUTORY TEXT :

Section 24. Criminal Penalties. 1. 1/ Any person violating any provisions of this Act or regulations adopted thereunder shall be guilty of a Class A misdemeanor with a fine of not less than $5,000.

STATE : ILLINOIS

FOOTNOTES :

1/ No "2" in enrolled bill.

STATUTE :

Illinois Pesticide Act, 824

Illinois Revised Statues, Chapter 5 - Agriculture and Horticulture, Illinois Pesticide Act

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this Act, or who violates any determination or order of the Department promulgated pursuant to this Act, is guilty of a Class A misdemeanor; provided each day during which violation continues shall constitute a separate offense; and in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided.

The penalties provided herein shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.

STATE : ILLINOIS

STATUTE :

Radiation Protection Act of 1990, 210-39. Violations.

Illinois Revised Statues, Chapter 111 1/2 - Public Health and Safety, Radiation Protection Act of 1990

REVIEWED ON : November 1992

STATUTORY TEXT :

(e) Any person who willfully and knowingly violates a condition of a permit or fails or refuses to comply with any order issued under Section 8.06, or any order incorporated in a final decision issued by the Department under this Act, except an order incorporated in a decision issued under subsection (b) of this Section, shall, on conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.

(f) Whenever a corporate permittee violates a condition of a permit or fails or refuses to comply with any order issued under Section 8.06, or any order incorporated in a final decision issued by the Department under this Act except an order incorporated in a decision issued under subsection (b) of this Section, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed on a person under subections (a) and (e) of this Section.

(g) Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or by any order or decision issued by the Department under this Act, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.

STATE : ILLINOIS

STATUTE :

Illinois Surface Coal Mining Land Conservation and Reclamation Act, Section 8.04. Civil and Criminal Penalties.

Illinois Revised Statutes, Chapter 111 1/2 - Public Health and Safety, Illinois Surface Coal Mining Land Conservation and Reclamation Act

(BNA Mining, p. 1566:0115)

REVIEWED ON : November 1992

STATUTORY TEXT :

Any person required by this Act to have a permit who engages in surface mining without previously securing a permit to do so as prescribed by this Act, is guilty of a business offense and shall be fined not less than $50 nor more than $1,000. Each day of operation without the permit required by this Act shall be deemed a separate violation.

STATE : ILLINOIS

STATUTE :

Illinois Surface-Mined Land Conservation and Reclamation Act, Section 13. Penalties - Injunction.

Illinois Revised Statutes, Chapter 111 1/2 - Public Health and Safety, Illinois Surface-Mined Land Conservation and Reclamation Act

(BNA Mining, p. 1566:0147)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Any person who violates any requirement of Section 9, 10, 11, 12 or 14 of this Act shall be liable for a civil penalty in an amount not to exceed $25,000 for each violation. In the case of a second or subsequent violation of Section 10, the civil penalty shall not exceed $75,000 for each day during which the violatoin continues.

(b) Any person who knowingly fails to provide immediate notification of a release in violation of Section 10 of this Act, shall be guilty of a Class 4 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of the violation. In the case of a second or subsequent conviction, the person shall be guilty of a Class 3 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $50,000 for each day of the violation.

STATE : ILLINOIS

STATUTE :

Illinois Emergency Planning and Community Right to Know Act, Section 18. Penalties.

Illinois Revised Statutes, Chapter 111 1/2 - Public Health and Safety, Illinois Emergency Planning and Community Right to Know Act

(BNA State Solid Waste - Land Use, p. 1566:0385)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) Except as otherwise provided in this Section, it shall be a Class A misdemeanor 1/ to violate this Act 2/ or regulations thereunder, or any permit or term or condition thereof, or knowingly to submit any false information under this Act or regulations adopted thereunder, or under any permit or term or condition thereof. It shall be the duty of all state and local law-enforcement officers to enforce such Act and regulations, and all such officers shall have authority to issue citations for such violations.

(b)(1) A person commits the offense of Calculated Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste while knowing that he thereby places another person in danger of great bodily harm or creates an immediate or long-term danger to the public health or the environment.

(2) Calculated Criminal Disposal of Hazardous Waste is a Class 2 felony. 3/ In addition to any other panalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $500,000 for each day of such offense.

(c)(1) A person commits the offense of Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste.

(2) Criminal Disposal of Hazardous Waste is a Class 3 felony. 4/ In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $250,000 for each day of such offense.

(d)(1) A person commits the offense of Unauthorized Use of Hazardous Waste when he, being required to have a permit or license under this Act 5/ or any other law regulating the treatment, transportation, or storage of hazardous waste, knowingly:

(A) treats, transports, or stores any hazardous waste without such permit or license; or

(B) treats, transports, or stores any hazardous waste in violation of the terms and conditions of such permit or license; or

(C) transports any hazardous waste to a facility which does not have a permit or license required under this Act; or

(D) transports any hazardous waste without having on his person such permit or license.

(2) A person who is convicted of a violation of subdivision (1)(A), (1)(B) or (1)(C) of this subsection is guilty of a Class 4 felony 6/. A person who is convicted of a violation of subdivision (1)(D) is guilty of a Class A misdemeanor. 7/ In addition to any other penalties prescribed by law, a person convicted of violating subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine not to exceed $100,000 for each day of such violation, and a person who is convicted of violating subdivision (1)(D) is subject to a fine not to exceed $1,000.

(e)(1) Except as authorized by this Act 8/ or the federal Resource Conservation and Recovery Act, and the regulations promulgated thereunder, it is unlawful for any person to knowingly deliver hazardous waste.

(2) Unlawful Delivery of Hazardous Waste is a Class 3 felony 9/. In addition to any other penalties prescribed by law, a person convicted of the offense of Unlawful Delivery of Hazardous Waste is subject to a fine not to exceed $250,000 for each such violation.

(3) For purposes of this Section, "deliver" or "delivery" means the actual, constructive, or attempted transfer of possession of hazardous waste, with or without consideration, whether or not there is an agency relationship.

(f)(1) A person commits Reckless Disposal of Hazardous Waste if he disposes of hazardous waste, and his acts which cause the hazardous waste to be disposed of, whether or not those acts are undertaken pursuant to or under color of any permit or license, are performed with a conscious disregard of a substantial and justifiable risk that such disposing of hazardous waste is a gross deviation from the standard of care which a reasonable person would exercise in the situation.

(2) Reckless Disposal of Hazardous Waste is a Class 4 felony 10/. In addition to any other penalties prescribed by law, a person convicted of the offense of Reckless Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.

(g)(1) A person commits the offense of Concealment of Criminal Disposal of Hazardous Waste when he conceals, without lawful justification, the disposal of hazardous waste with the knowledge that such hazardous waste has been disposed of in violation of this Act. 11/

(2) Concealment of Criminal Disposal of a Hazardous Waste is a Class 4 felony 12/. In addition to any other penalties prescribed by law, a person convicted of the offense of Concealment of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.

(h)(1) Any person who knowingly makes a false material statement in an application for a permit or license required by this Act 13/ to treat, transport, store, or dispose of hazardous waste commits the offense of Perjury and shall be subject to the penalties set forth in Section 32-2 of the Criminal Code of 1961, as now or hereafter amended. 14/

(2) Any person who knowingly makes a false material statement or representation in any label, manifest, record, report, permit, or license, or other document filed, maintained or used for the purpose of compliance with this Act in connection with the generation, disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. 15/ A second or any subsequent offense after conviction hereunder is a Class 3 felony. 16/

(3) Any person who knowingly destroys, alters or conceals any record required to be made by this Act in connection with the disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. A second or any subsequent offense after conviction hereunder is a Class 3 felony.

(4) In addition to any other penalties prescribed by law, a person convicted of violating this subsection (h) is subject to a fine not to exceed $50,000 for each day of such violation.

(i) Each application for a permit or license to dispose of, transport, treat, store or generate hazardous waste under this Act 17/ shall contain an affirmation that the facts are true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 1961. 18/ It is perjury for a person to sign any such application for a permit or license which contains a false material statement, which he does not believe to be true.

(j)(1) It is unlawful for a person knowingly to violate:

(A) subsection (f) of Section 12 of this Act; 19/ or

(B) subsection (g) of Section 12 of this Act 20/; or

(C) any term or condition of any Underground Injection Control (UIC) permit; or

(D) any filing requirement, regulation, or order relating to the State Underground Injection Control (UIC) program; or

(E) any provision of any regulation, standard, or filing requirement under subsection (b) of Section 13 of this Act 21/; or

(F) any provision of any regulation, standard, or filing requirement under subsection (b) of Section 39 of this Act 22/; or

(G) any National Pollutant Discharge Elimination System (NPDES) permit issued under this Act or any term or condition of such permit; or

(H) subsection (h) of Section 12 of this Act.

(2) A person convicted of a violation of subdivision (1) of this subsection commits a Class 4 felony, 23/ and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of such violation.

(3) A person who negligently violates the following shall be subject to a fine not to exceed $10,000 for each day of such violation:

(A) subsection (f) of Section 12 of this Act; or

(B) subsection (g) of Section 12 of this Act; or

(C) any provision of any regulation, standard, or filing requirement under subsection (b) of Section 13 of this Act; or

(D) any provision of any regulation, standard, or filing requirement under subsection (b) of Section 39 of this Act; or

(E) any National Pollutant Discharge Elimination System (NPDES) permit issued under this Act.

(4) It is unlawful for a person knowingly to:

(A) make any false statement, representation, or certification in an application form, or form pertaining to a National Pollutant Elimination System (NPDES) permit; or

(B) render inaccurate any monitoring device or record required by the Agency 24/ or Board 25/ in connection with any such permit or with any discharge which is subject to the provisions of subsection (f) of Section 12 of this Act.

(5) A person convicted of a violation of subdivision (4) of this subsection commits a Class A misdemeanor, 26/ and in addition to any other penalties provided by law is subject to a fine not to exceed $10,000 for each day of violation.

(k)(1) A person commits the offense of criminal operation of a hazardous waste or PCB incinerator when, in the course of operating a hazardous waste or PCB incinerator, he knowingly and without justification operates the incinerator

(i) without an Agency 27/ permit, or in knowing violation of the terms of an Agency permit, and

(ii) as a result of such violation, knowingly places any person in danger of great bodily harm or knowingly creates an immediate or long term material danger to the public health or the environment.

(2) Any person who commits the offense of criminal operation of a hazardous waste or PCB incinerator for the first time commits a Class 4 felony 28/ and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $100,000 for each day of the offense.

Any person who commits the offense of criminal operation of a hazardous waste or PCB incinerator for a second or subsequent time commits a Class 3 felony 29/ and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $250,000 for each day of the offense.

STATE : ILLINOIS

FOOTNOTES :

1/ Class A misdemeanor: Maximum fine of $1,000 and/or imprisonment of up to 1 year.

2/ Act: Illinois Environmental Protection Act.

3/ Class 2 felony: Imprisonment between 3 and 7 years.

4/ Class 3 felony: Imprisonment between 2 and 5 years.

5/ Act: Illinois Environmental Protection Act.

6/ Class 4 felony: Imprisonment between 1 and 3 years.

7/ Class A misdemeanor: Maximum imprisonment of 1 year.

8/ Act: Illinois Environmental Protection Act.

9/ Class 3 felony: Imprisonment between 2 and 5 years.

10/ Class 4 felony: Imprisonment between 1 and 3 years.

11/ Act: Illinois Environmental Protection Act.

12/ Class 4 felony: Imprisonment between 1 and 2 years.

13/ Act: Illinois Environmental Protection Act.

14/ Perjury: Class 3 felony punishable by imprisonment between 2 and 5 years and/or maximum fine of $10,000 for person and $50,000 for corporation.

15/ Class 4 felony: Imprisonment between 1 and 3 years.

16/ Class 3 felony: Imprisonment between 2 and 5 years.

17/ Act: Illinois Environmental Protection Act.

18/ Perjury: Class 3 felony punishable by imprisonment between 2 and 5 years and/or maximum fine of $10,000 for person and $50,000 for corporation.

19/ Subsection 12(f): Prohibition of causing, threatening, or allowing discharge of contaminants into state waters, including in violation of National Pollution Discharge Elimination System NPDES, without permit, under Illinois Environmental Protection Act.

20/ Subsection 12(g): Prohibition of causing, threatening, or allowing underground injection of contaminants without Underground Injection Control (UIC) permit issued under section 1039 of the Act.

21/ Subsection 13(b): Requirements, standards, procedures, and regulations adopted by Illinois Pollution Control board to implement NPDES program.

22/ Subsection 39(b): Issuance of NPDES permits, filing requirements.

23/ Class 4 felony: Imprisonment between 1 and 3 years.

24/ Agency: Illinois Environmental Protection Agency.

25/ Board: Illinois Pollution Control Board.

26/ Class A misdemeanor: Maximum imprisonment of 1 year.

27/ Agency: Illinois Environmental Protection Agency.

28/ Class 4 felony: imprisonment between 1 and 3 years.

29/ Class 3 felony: imprisonment between 2 and 5 years.

STATUTE :

Illinois Environmental Protection Act, Section 44. Criminal Penalties

Excerpts from Illinois Statutes, Chapter 111 1/2 - Public Health and Safety, Environmental Protection Act

(BNA State Air Laws, p. 366:0136)

REVIEWED ON : November 1992

STATUTORY TEXT :

(a) In addition to all other civil and criminal penalties provided by law, any person convicted of a criminal violation of this Act 1/ or the regulations adopted thereunder shall forfeit to the State (1) an amount equal to the value of all profits earned, savings realized, and benefits incurred as a direct or indirect result of such violation, and (2) any vehicle or conveyance used in the perpetration of such violation, except as provided in subsection (b).

(b) Forfeiture of conveyances shall be subject to the following exceptions:

(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.

(2) No conveyance is subject to fortfeiture under this Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.

(3) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.

(c) Except as provided in subsection (d), all property subject to forfeiture under this Section shall be seized pursuant to the order of a circuit court.

(d) Property subject to forfeiture under this Section may be seized by the Director 2/ or any peace officer without process:

(1) if the seizure is incident to an inspection under an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;

(2) if the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act; or

(3) if there is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

(f) All amounts forfeited under item (1) of subsection (a) shall be apportioned in the following manner:

(1) 40% shall be deposited in the Hazardous Waste Fund created in Section 22.2; 3/

(2) 30% shall be paid to the office of the Attorney General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action; and

(3) 30% shall be paid to the law enforcement agency which investigated the violation.

Any funds received under this subsection (f) shall be used solely for the enforcement of the environmental protection laws of this State.

(g) When property is forfeited under this Section the court may order:

(1) that the property shall be made available for the official use of the Agency, 4/ the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this State;

(2) the sheriff of the county in which the forfeiture occurs to take custody of the property and remove it for disposition in accordance with law; or

(3) the sheriff of the county in which the forfeiture occurs to sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).

STATE : ILLINOIS

FOOTNOTES :

1/ Act: Illinois Environmental Protection Act.

2/ Director: Director of Illinois Department of Public Health.

3/ Hazardous waste fund created in Section 22.2: Chapter 111 1/2 paragraph 1022.2 - Hazardous Waste Fund - Hazardous Waste Research Fund.

4/ Agency: Illinois Environmental Protection Agency.

STATUTE :

Illinois Environmental Protection Act, Section 44.1 Forfeitures

Excerpts from Illinois Statutes, Chapter 111 1/2 - Public Health and Safety, Environmental Protection Act

(BNA State Air Laws, p. 366:0138)

REVIEWED ON : November 1992

STATUTORY TEXT :

A person commits a Class B misdemeanor 1/ who:

(1) Throws, dumps, or leaves refuse in the waters or on the banks of a stream designated under this chapter; 2/ or

(2) Crosses private land to gain access to a designated stream without the permission of the landowner or tenant of the land.

STATE : INDIANA

FOOTNOTES :

1/ Class B Misdemeanor: imprisonment of up to 180 days, or a fine of up to $1,000, or both.

2/ Chapter: Water Rights - Ground Water.

STATUTE :

13-2-33-7 - Violations; Penalty (Water Pollution)

Indiana Code, Title 13, Environment, Article 2

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who:

(1) Knowingly violates a condition of a permit issued under this article, a provision of this article, or any order issued under this article; or

(2) Knowingly makes a false statement, representation, or certification in any application, record, report, plan or other document filed with or required to be maintained by the director; commits a class A misdemeanor

(b) A person who violates subsection (a), or who discloses confidential information to an unauthorized person, is subject to IC 13-4.1-11-4, IC 13-4.1-11-5, or IC 13-4.1-12-1, as appropriate.

STATE : INDIANA

STATUTE :

Indiana Surface Coal Mining and Reclamation Act, 13-4.1-12-2.

Violation of article or orders - False statement or certification - Disclosure of confidential information to unauthorized persons

Indiana Code, Title 13, Environment, Article 4.1 - Surface Coal Mining and Reclamation

(BNA Mining, p. 1571:0125)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who willfully resists, prevents, impedes, or interferes, except as otherwise provided by law, with the director or his representative in the performance of his duties under this article, commits a Class A misdemeanor.

STATE : INDIANA

STATUTE :

Indiana Surface Coal Mining and Reclamation Act, 13-4.1-12-3.

Interference with director or his representative - Penalty

Indiana Code, Title 13, Environment, Article 4.1 - Surface Coal Mining and Reclamation

(BNA Mining, p. 1571:0125)

REVIEWED ON : January 1993

STATUTORY TEXT :

Whenever a corporate permittee violates a condition of a permit issued under this article, or fails or refuses to comply with any order issued by the director, officer, or agent of that corporation who willfully and knowingly authorized, ordered, or carried out that violation, failure, or refusal is subject to the same penalties under sections 1 and 2 (13-4.1-12-1 and 13-4.1-12-2) of this chapter that are imposed on an individual permittee.

STATE : INDIANA

STATUTE :

Indiana Surface Coal Mining and Reclamation Act, 13-4.1-12-4.

Violations by a corporate permittee - Penalty

Indiana Code, Title 13, Environment, Article 4.1 - Surface Coal Mining and Reclamation

(BNA Mining, p. 1571:0125)

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who knowingly or intentionally fails to pay the fee to the department of state revenue under section 4 (IC 13-9.5-5-4) of this chapter commits a Class D felony.

STATE : INDIANA

STATUTE :

Indiana Solid Waste Management Facilities Siting Act, 13-9.5-5-11

Failure to pay fee - Penalty

Indiana Code, Title 13, Environment, Article 9.5 - Solid Waste Management

(BNA State Solid Waste - Land Use, p. 1171:0350)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) A person, without authorization, who:

(1) Removes;

(2) Alters;

(3) Defaces; or

(4) Covers; a sign posted by the department of state revenue under section 9 (IC 13-9.5-5-9) of this chapter commits a Class B misdemeanor. However, the offense is a Class D felony if the offense is committed with the intent to evade the fee imposed by this chapter or to defraud the state.

(b) An owner or operator of a final disposal facility shall notify the department of state revenue within two (2) days after discovering that a sign posted by the department has been removed, altered, defaced, or covered.

(c) An owner or operator of a final disposal facility who fails to notify the department under subsection (b) commits a Class B misdemeanor.

STATE : INDIANA

STATUTE :

Indiana Solid Waste Management Facilities Siting Act, 13-9.5-5-12

Removal, alteration, defacement, or covering of posted signs - Penalty

Indiana Code, Title 13, Environment, Article 9.5 - Solid Waste Management

(BNA State Solid Waste - Land Use, p. 1171:0350)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) A person who intentionally, knowingly, recklessly, or negligently violates this article, 1/ IC 13-1-1, 2/ or IC 13-1-3, 3/ any rule or standard adopted by one (1) of the boards, 4/ or any determination, permit, or order made or issued by the commissioner 5/ under this article, IC-13-1-1, or IC 13-1-3 commits a Class D felony. 6/ However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Class D felony under this subsection may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be punished by:

(1) A fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) per day of violation; or

(2) If the conviction is for a violation committed after a first conviction of the person under this subsection, the fine may be not more than fifty thousand dollars ($50,000) per day of violation.

(b) Any person who:

(1) Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article; or

(2) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article;

commits a Class B misdemeanor. 7/ However, notwithstanding IC 35-50-3-3, a person who is convicted of a Class B misdemeanor under this subsection may, in addition to the term of imprisonment established under IC 35-50-3-3, be punished by a fine of not more than ten thousand dollars ($10,000).

(c) Any person who knowingly:

(1) Transports any hazardous waste to a facility which does not have an operation permit or approval to accept such waste;

(2) Disposes, treats, or stores any hazardous waste without having obtained a permit therefor; or

(3) Makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used under this article with regard to hazardous waste;

commits a Class D felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Class D felony under this subsection may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or, if the conviction is for a violation committted after a first conviction of the person under this section, the fine may be not more than fifty thousand dollars ($50,000) per day of violation.

STATE : INDIANA

FOOTNOTES :

1/ Article: Environmental management of solid and hazardous waste, air pollution, water pollution and underground storage tanks, including (effective July 1, 1991) waste tires.

2/ IC 13-1-1: Air Pollution Control.

3/ IC 13-1-3: Water Pollution Control.

4/ Boards: Air and Water Pollution Control Boards.

5/ Commissioner: Commissioner of Department of Environmental Management.

6/ Class D felony: Imprisonment of up to 2 years, or a minimum fine of $2,500 up to a maximum of $25,000, or both. Up to 2 years may be added for aggravating circumstances or up to 1 year may be subtracted for mitigating circumstances.

7/ Class B misdemeanor: Imprisonment of up to 6 months, or a fine of up to $10,000, or both.

STATUTE :

Indiana Environmental Management Act, 13-7-13-3. Penalties.

Indiana Code, Title 13, Environment, Article 7 - Environmental

Management

(BNA State Air Laws, p. 371:0212)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Any person who intentionally transports, disposes, treats, or stores hazardous waste in violation of this article 1/ commits a Class D felony. 2/ However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Class D felony under this section may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be fined not more than fifty thousand dollars ($50,000) for each day of violation.

(d) A vehicle that is used to transport hazardous waste in the commission of an offense described in subsection (b) is subject to forfeiture under IC 34-4-30.1-1.6.

STATE : INDIANA

FOOTNOTES :

1/ Article: Environmental management of solid and hazardous waste, air pollution, water pollution, and underground storage tanks, including (effective July 1, 1991) waste tires.

2/ Class D felony: imprisonment of up to 2 years, or a minimum fine of $2,500 up to a maximum $25,000, or both. Up to 2 years may be added for aggravating circumstances or up to 1 year may be subtracted for mitigating circumstances.

STATUTE :

Indiana Environmental Management Act, 13-7-13-4. Penalties.

Indiana Code, Title 13, Environment, Article 7 - Environmental Management

(BNA State Air Laws, p. 371:0212)

REVIEWED ON : January 1993

STATUTORY TEXT :

1. A person who willfully and knowingly violates a condition of a permit or any other provision of this chapter, or makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or any order or decision of this chapter, shall be guilty of a serious misdemeanor and notwithstanding section 903.1 the maximum fine shall be ten thousand dollars.

2. Whether a corporate operator violates a condition of a permit or any other provision of this chapter or fails or refuses to comply with any provision of this chapter, a director, officer, or agent of that corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties or criminal fines and imprisonment that may be imposed upon a person under this section.

6. A person who willfully and knowingly violates a condition of a permit or any other provision of this chapter, or makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or any order or decision of this chapter, shall be guilty of a serious misdemeanor and notwithstanding section 903.1 the maximum fine shall be ten thousand dollars.

7. Whenever a corporate operator violates a condition of a permit or any other provision of this chapter or fails or refuses to comply with any provision of this chapter, a director, officer, or agent of that corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties or criminal fines and imprisonment that may be imposed upon a person under this section.

8. An employee of the department performing any function or duty under this chapter who knowingly and willfully has a direct or indirect financial interest in any coal mining operation shall be guilty of a serious misdemeanor and notwithstanding section 903.1 the maximum fine shall be two thousand five hundred dollars.

STATE : IOWA

STATUTE :

Iowa Surface Coal Mining and Reclamation Act, 83.15. Penalties.

Iowa Code, Title V, Chapter 83 - Coal Mining

(BNA Mining, p. 1576:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

2. A person who willfully attempts to evade a charge imposed by this chapter or the payment of the charge or a person who makes or causes to be made a false or fraudulent return with intent to evade the charge imposed by this chapter or the payment of charge tax is guilty of a class "D" felony.

STATE : IOWA

STATUTE :

Iowa Petroleum Diminution Charge Act, 424.17. Penalties - offenses - limitation

Iowa Code Annotated, Chapter 424 - Environmental Protection

Charge on Petroleum Diminution

(BNA State Solid Waste - Land Use, p. 1176:0265)

REVIEWED ON : January 1993

STATUTORY TEXT :

2. Any person who negligently or knowingly violates section 455B.183 1/ or section 455B.186 2/ or any condition or limitation included in any permit issued under section 455B.183, or who negligently or knowingly introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which the person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal and state requirements or permits, negligently or knowingly causes a treatment works to violate any water quality standard, effluent standard, pretreatment standard or condition of a permit issued to the treatment works pursuant to section 455B.183 is guilty of a serious misdemeanor for a negligent violation and is guilty of an aggravated misdemeanor for a knowing violation. A conviction for a negligent violation is punishable by a fine of not more than twenty-five thousand dollars for each day of violation or by imprisonment for not more than one year, or both; however, if the conviction is for a second or subsequent violation committed by a person under this subsection, the conviction is punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for not more than two years, or both. A conviction for a knowing violation is punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for not more than two years, or both; however, if the conviction is for a second or subsequent violation committed by a person under this subsection, the conviction is punishable by a fine of not more than one hundred thousand dollars for each day of violation or by imprisonment for not more than five years, or both.

3. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under part 1 of division III of this chapter, 3/ or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under part 1 of division III of this chapter or by any permit, rule, regulation, or order issued under part 1 of division III of this chapter, shall upon conviction be punished by a fine of not more than ten thousand dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.

STATE : IOWA

FOOTNOTES :

1/ Section 455B.183: Requirement for permit.

2/ Section 455B.186: Prohibited discharges, dumping or other discharges and deposits in state's waters.

3/ Part 1 of Division III of this Chapter: Chapter 455B - Jurisdiction of Department of Natural Resources, Division III - Water Quality, Part 1 - General, sections on Prohibited discharges, variances, permitting, stays.

STATUTE :

Iowa Environmental Quality Act, 455B.191 Penalties - Burden of proof.

Iowa Code Annotated, Chapter 455B - Jurisdiction of Department of Natural Resources, Division III - Water Quality

(BNA State Solid Waste - Land Use, p. 776:0109)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, violating any provisions of this part 2 of division III or the rules adopted thereunder after written notice thereof by the executive director is is guilty of a simple misdemeanor. Each day of operation in such violation of said part or of any rules adopted thereunder shall constitute a separate offense.

STATE : IOWA

STATUTE :

Iowa Environmental Quality Act, 455B.224 Simple Misdemeanor

Iowa Code Annotated, Chapter 455B - Jurisdiction of Department of Natural Resources, Division III - Water Quality

(BNA State Solid Waste - Land Use, p. 776:0111)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person violating the provisions of section 455B.97, upon conviction, shall be guilty of a simple misdemeanor.

STATE : IOWA

STATUTE :

Iowa Environmental Quality Act, 455B.364 Penalty.

Iowa Code Annotated, Chapter 455B - Jurisdiction of Department of Natural Resources, Division IV - Solid Waste Disposal

(BNA State Solid Waste - Land Use, p. 1176:0109)

REVIEWED ON : January 1993

STATUTORY TEXT :

1. A person shall not knowingly do any of the following acts:

a. Transport a hazardous waste identified under the commission's 1/ rules to a hazardous waste strorage, treatment or disposal facility that is located in Iowa and that does not have a permit under section 455B.415, subsection 1. 2/

b. Treat, store, or dispose of a hazardous waste identified under sections 455B.411 to 455B.421 3/ either without having obtained a permit for the treatment, storage, or disposal under section 455B.415, subsection 1, or in violation of a material condition or requirement of a permit.

c. Make a false material statement or representation in an application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with the provisions of sections 455B.411 to 455B.421.

d. Destroy, alter or conceal after July 1, 1981, any record required to be kept under rules adopted by the commission under this part. 4/ This paragraph applies to all persons who generated, stored, treated, transported, disposed of, or otherwise handled hazardous waste after November 19, 1980.

2. A person who violates subsection 1 is subject upon conviction to a fine of not more than twenty-five thousand dollars or to imprisonment for not to exceed one year, or both for each day of violation. If the conviction is for a violation committed after a first conviction, punishment shall be by a fine of not more than fifty thousand dollars or by imprisonment for not more than two years, or both for each day of violation.

STATE : IOWA

FOOTNOTES :

1/ Commission: Environmental Protection Commission.

2/ Section 455B.415, Subsection 1: Permits required for construction or operation of facilities.

3/ Section 455B.411 to 455B.421: Hazardous Waste and substances provisions (e.g., notice, permits, inspections, penalties enforcement).

4/ Part: Hazardous Waste and Substance Management.

STATUTE :

Iowa Environmental Quality Act, 455B.417 Prohibited Acts -

penalties

Iowa Code Annotated, Chapter 455B - Jurisdiction of Department

of Natural Resources, Division IV - Solid Waste Disposal

(BNA State Solid Waste - Land Use, p. 1176:0116)

REVIEWED ON : January 1993

STATUTORY TEXT :

2. A person who knowingly fails to notify or makes a false statement, representation, or certification in a record, report, plan or other document filed or required to be maintained under this part or who falsifies, tampers with or knowingly renders inaccurate a monitoring device or method required to be maintained under this part or by a rule or order issued under this part, is guilty of an aggravated misdemeanor.

STATE : IOWA

STATUTE :

Iowa Underground Storage Tanks Acts, 455B.477 Penalties - burden of proof

Iowa Code Annotated, Chapter 455B - Jurisdiction of Department of Natural Resources, Division IV - Solid Waste Disposal

(BNA State Solid Waste - Land Use, p. 1176:0185)

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who knowingly or with reason to know, disposes of hazardous waste 1/ or arranges for or allows the disposal of hazardous waste at any location other than one authorized by the department 2/ or the United States environmental protection agency, or in violation of any material term or condition of a hazardous waste facility permit, is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class "D" felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.

STATE : IOWA

FOOTNOTES :

1/ Hazardous Waste: A hazardous waste (as defined under Iowa law) or a hazardous substance as defined in 42 U.S.C. Section 9601 (CERCLA) or a hazardous substance as designated by regulations adopted by the administrator of the United States environmental protection agency.

2/ Department: Department of Natural Resources.

STATUTE :

Iowa Hazardous Waste Disposal Penalty Law, 716B.2.

Unlawful disposal of hazardous waste - Penalties

Iowa Code Annotated, Chapter 716B - Jurisdiction of Department of Natural Resources

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who knowingly or with reason to know, transports or causes to be transported any hazardous waste 1/ to any location other than a facility that is authorized to receive, treat, store, or dispose of the hazardous waste under rules adopted pursuant to 42 U.S.C. Section 9601-9675 2/ is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class "D" felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.

STATE : IOWA

FOOTNOTES :

1/ Hazardous Waste: A hazardous waste (as defined under Iowa law) or a hazardous substance as defined in 42 U.S.C. Section 9601 (CERCLA) or a hazardous substance as designated by regulations adopted by the administrator of the United States environmental protection agency.

2/ 42 U.S.C. Sections 9601-9675: Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

STATUTE :

Iowa Hazardous Waste Disposal Penalty Law, 716B.3.

Unlawful transportation of hazardous waste - Penalties

Iowa Code Annotated, Chapter 716B - Jurisdiction of Department of Natural Resources

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who knowingly or with reason to know, treats or stores hazardous waste 1/ without a permit issued pursuant to 42 U.S.C. Section 6925 or Section 6926 is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class "D" felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.

STATE : IOWA

FOOTNOTES :

1/ Hazardous Waste: A hazardous waste (as defined under Iowa law) or a hazardous substance as defined in 42 U.S.C. Section 9601 (CERCLA) or a hazardous substance as designated by regulations adopted by the administrator of the United States environmental protection agency.

STATUTE :

Iowa Hazardous Waste Disposal Penalty Law, 716B.4.

Unlawful Storage or Treatment of Hazardous Waste - Penalties

Iowa Code Annotated, Chapter 716B - Jurisdiction of Department of Natural Resources

(BNA State Solid Waste - Land Use, p. 1176:0241)

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Any person who willfully and knowingly violates a condition of a permit issued pursuant to this act or fails or refuses to comply with any order issued under this act, or any order incorporated in a final decision issued by the secretary under this act, except an order incorporated in a decision issued under subsection (b) upon conviction, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.

(f) Whenever an operator violates a condition of a permit issued pursuant to this act of fails or refuses to comply with any order issued under this act, or any order incorporated in a final decision issued under subsection (b), any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and (e).

(g) Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this act, upon conviction, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.

STATE : KANSAS

STATUTE :

Kansas Mined-Land Conservation and Recovery Act, 49-405c

Kansas Statutes Annotated, Chapter 49 - Mines and Mining, Article 4 - Mined-Land Conservation and Reclamation

(BNA Mining, p. 1581:0104)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person, company, corporation, institution or municipality who shall fail to furnish, on demand, to the secretary of health and environment such information as may be required by said secretary under the provisions of this act 1/ shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50) and not more than five hundred dollars ($500). Any person, company, corporation, institution or municipality who shall fail to fully comply with the requirements of the secretary of health and environment herein authorized to be made shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25) and not more than one hundred dollars ($100) for each offense. The failure to comply with such requirements in each day in which such failure is made shall be considered to constitute a separate offense.

STATE : KANSAS

FOOTNOTES :

1/ Act: Water Supply and Sewage.

STATUTE :

Kansas Wastewater Discharge Control Law, 65-169

Kansas Statutes Annotated, Chapter 65 - Public Health, Sections 161-171W, Water Supply and Sewage

(BNA State Water Laws, p. 781:0144)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) It shall be unlawful for any person to:

(1) Dispose of any solid waste by open dumping, but this provision shall not prohibit: (A) the use of solid wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health or (B) an individual from dumping or depositing solid wastes resulting from such individual's own residential or agricultural activities onto the surface of land owned or leased by such individual when such wastes do not create a public nuisance or adversely affect the public health or environment.

(2) Construct, alter or operate a solid waste storage, processing or disposal facility or area of a solid waste management system without a permit or other approval from the secretary 1/ or be in violation of the rules and regulations, standards or orders of the secretary.

(3) Violate any condition of any permit issued under K.S.A. 65-3407, 2/ and amendments thereto.

(4) Conduct any solid waste burning operations in violation of the provisions of K.S.A. 65-3001 through 65-3020, 3/ and amendments thereto.

(5) Store, collect, transport, process, treat or dispose of solid waste contrary to the rules, regulations, standards or orders of the secretary or in such a manner as to create a public nuisance.

(6) Refuse or hinder entry, inspection, sampling and the examination or copying of records related to the purposes of this act 4/ by an agent or employee of the department after such agent or employee identifies and gives notice of their purpose.

(7) Violate subsection (b) of K.S.A. 65-3424a, 5/ and amendments thereto, subsection (c) of K.S.A. 65-3424b 6/ or section 6, 7/ and amendments thereto.

(b) No person shall be held responsible for failure to secure a permit under the provisions of this section for the dumping or depositing of any solid waste on land owned or leased by such person without such person's expressed or implied consent, permission or knowledge.

(c) Any person who violates any provision of subsection (a) shall be guilty of a class A misdemeanor 8/ and, upon conviction thereof, shall be punished as provided by law.

STATE : KANSAS

FOOTNOTES :

1/ Secretary: Secretary of Health and Environment.

2/ Section 65-3407: Construction, alteration or operation of solid waste processing facility without a permit.

3/ Sections 65-3001 - 65-3020: Air Quality Control.

4/ Act: Solid Waste Management.

5/ Subsection b of K.S.A. 65-3424a: Relating to maintaining waste tire site and disposing of waste tires.

6/ Subsection c of K.S.A. 65-3424b: Relating to premits for waste tire processing facility.

7/ Section 6: H B No. 2407: Relating to retailers of tires accepting waste tires.

8/ Class A Misdemeanor: imprisonment of up to 1 year, or fine of up to $2,500, or both.

STATUTE :

Kansas Solid Waste Management Act, 65-3409. Unlawful acts; penalties.

Kansas Statutes Annotated, Chapter 65 - Public Health, Article 34 - Solid and Hazardous Waste

(BNA State Solid Waste - Land Use, 1181:0104)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) It shall be unlawful for any person to:

(1) Dump or deposit, or permit the dumping or depositing of any hazardous waste regulated by this act 1/ into any facility which does not comply with the provisions of this act or rules or regulations, standards or orders of the secretary, 2/ but this provision shall not prohibit: (A) The use of hazardous wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not adversely affect the public health or environment, or (B) a generator who periodically produces a quantity of hazardous waste less than the quantity regulated under subsection (k) of K.S.A. 65-3431, 3/ and admendments thereto, from disposing such quantity of hazardous waste into a facility approved by the department 4/ which has a permit issued under K.S.A. 65-3407, and amendments thereto.

(2) Construct, modify or operate a hazardous waste storage, treatment or disposal facility without a permit or other required written approval from the secretary or to be in violation of the rules and regulations, standards or orders of the secretary.

(3) Violate any condition of any permit issued by the secretary.

(4) Store, collect, treat or dispose of hazardous waste contrary to the rules and regulations, standards or orders of the secretary.

(5) Refuse or hinder entry, inspection, sampling and the examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and give notice of their purpose any time.

(6) Knowingly make any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with this act.

(7) Knowingly destroy, alter or conceal any record required to be maintained under rules and regulations promulgated by the secretary pursuant to this act.

(8) Fail to designate on a manifest a facility which is authorized to operate under the federal hazardous waste program or under a state hazardous waste program which has received approval to operate in lieu of the federal hazardous waste program.

(9) Transport hazardous waste to a facility which is not authorized to operate under the federal hazardous waste program or under a state hazardous waste program which has received approval to operate in lieu of the federal hazardous waste program.

(10) Add, mix or blend any hazardous waste with fuel oil or any other fuel intended for use by residential consumers or sell such blended fule to a residential consumer.

(11) Transport and dispose of, or cause the transportation and disposition of, hazardous waste in a manner contrary to the rules and regulations, standards or orders of the secretary. It shall not constitute a defense to the generator that the generator acted through an independent contractor in the transportation or disposition of the hazardous waste.

(b) Any person who violates any provision of paragraphs (1) to (10), inclusive, of subsection (a) of this section shall be guilty of a class A misdemeanor 5/ and, upon conviction thereof, shall be punished as provided by law. Any person who violates any provision of paragraph (11) of subsection (a) of this section shall be guilty of a class E felony 6/ and, upon conviction thereof, shall be punished as provided by law.

(c) Any person who knowingly violates any provisions of paragraphs (1) to (11), inclusive of subsection (a) shall be guilty of a class C felony 7/ and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation, and, upon conviction thereof, shall be punished as provided by law.

(d) Any individual who violates any of the provisions of paragraphs (1) to (11), inclusive, of subsection (a) shall be legally responsible to the same extent as if such acts were in the individual's own name or on the individual's own behalf.

STATE : KANSAS

FOOTNOTES :

1/ Act: Kansas Hazardous Waste Act.

2/ Secretary: Secretary of Department of Health and Environment

3/ K.S.A. 65-3431(k): Subsection authorizing Secretary to adopt rules and regulations regarding identifying characteristics of hazardous waste and listing hazardous waste.

4/ Department: Department of Health and Environment.

5/ Class A Misdemeanor: imprisonment of up to 1 year, or fine of up to $2,500, or both.

6/ Class E Felony: imprisonment of minimum of 1 year up to a maximum of from 2-5 years, or a fine of up to $10,000, or both.

7/ Class C Felony: imprisonment from a minimum of 3-5 years to a maximum of 10-20 years, or a fine of up to $15,000, or both.

STATUTE :

Kansas Solid Waste Management Act, 65-3441.

Kansas Statutes Annotated, Chapter 65 - Public Health, Article 34 - Solid and Hazardous Waste

(BNA State Solid Waste - Land Use, 1181:0148)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) It shall be unlawful for any person to:

(1) Knowingly deposit, store or dispense, or permit any person to deposit, store or dispense, any regulated substance into any underground storage tank which does not comply with the provisions of this act, the rules and regulations promulgated hereunder, or any order of the secretary;

(2) construct, modify or operate an underground storage tank without a permit or other written approval from the secretary or otherwise be in violation of the rules and regulations, standards or orders of the secretary;

(3) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting or sampling at a facility on which a storage tank is located or from copying records concerning such storage tank as authorized by this act;

(4) knowingly make any false material statement or representation in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act;

(5) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations promulgated hereunder; or

(6) knowingly allow a release, knowingly fail to report a release or knowingly fail to take corrective action in response to a release of a regulated substance in violation of this act or rules and regulations promulgated hereunder.

(b) Any person who violates any provision of subsection (a) shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished as provided by law.

STATE : KANSAS

STATUTE :

Kansas Underground Storage Tank Act, 65-34,109

Kansas Statutes Annotated, Chapter 65 - Public Health

(BNA State Solid Waste - Land Use, 1181:0244)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) It shall be unlawful for any person to practice, or hold oneself out as authorized to practice, as an underground storage tank installer or underground storage tank contractor or use other words or letters to indicate such person is a licensed installer or contractor unless the person is licensed in accordance with this section.

(c) Any person who willfully violates any provision of subsection (a) shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be punished as provided by law.

STATE : KANSAS

STATUTE :

Kansas Underground Storage Tank Act, 65-34,110

Kansas Statutes Annotated, Chapter 65 - Public Health

(BNA State Solid Waste - Land Use, 1181:0244)

REVIEWED ON : January 1993

STATUTORY TEXT :

(1) Any person violating any provision of KRS 39.400 to 39.432 or any rule, order, or regulation made pursuant to KRS 39.400 to 39.432 shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine or imprisonment.

(2)(b) Any person violating KRS 39.845, 39.850, or 39.895 shall, upon the first conviction thereof, be fined not less than two hundred and fifty dollars ($250) nor more than five hundred dollars ($500). If any offense is continued for more than one (1) day, each day upon which such offense occurs or is continued shall be considered and constitute a separate offense and a separate fine may be imposed therefor. Any person violating KRS 39.845, 39.850 or 39.895 shall, upon subsequent convictions, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). If any offense is continued for more than one (1) day, each day upon which such offense occurs or is continued shall be considered and constitute a separate offense and a separate fine may be imposed therefor. Any person violating KRS 39.880 shall, upon the first conviction thereof, be fined not less than one thousand dollars ($1,000) nor more than twenty-five hundred dollars ($2,500). If any offense is continued for more than one (1) day, each day upon which such offense occurs or is continued shall be considered and constitute a separate offense and a separate fine may be imposed therefor. Any person violating KRS 39.880 shall, upon subsequent conviction, be fined not less than twenty-five hundred dollars ($2,500) nor more than five thousand dollars ($5,000). If any offense is continued for more than one (1) day, each day upon which such offense occurs or is continued shall be considered and constitute a separate offense and a separate fine may be imposed therefor.

STATE : KENTUCKY

STATUTE :

Kentucky Emergency Response Act, 39.990. Penalties.

Kentucky Revised Statutes, Title V - Military Affairs, Chapter 39 - Disaster and Emergency Services Management

(BNA State Solid Waste - Land Use, p. 1186:0305)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person violating KRS 223.080 1/ may be fined not more than one hundred dollars ($100) or imprisoned not more than six (6) months.

STATE : KENTUCKY

FOOTNOTES :

1/ 223.080: Unregistered sanitarians.

STATUTE :

223.990

Kentucky Revised Statutes, Chapter 223 - Sanitarians and Water Plant Operators

REVIEWED ON : January 1993

STATUTORY TEXT :

(5) Any person found guilty of violating the certification provisions of KRS 223.425 1/ or the rules and regulations adopted thereunder shall be guilty of a misdemeanor and may be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation or imprisoned not more than thirty (30) days or both. Each day the violation continues shall be considered a separate violation.

(6) Civil and criminal penalties shall not be deemed mutually exclusive.

STATE : KENTUCKY

FOOTNOTES :

1/ 223.425: Application for certificate renewal; Qualifications for water well drillers.

STATUTE :

223.991

Kentucky Revised Statutes, Chapter 223 - Sanitarians and Water Plant Operators

REVIEWED ON : January 1993

STATUTORY TEXT :

(1) A person convicted of knowingly violating any provision of KRS 224.462 to 224.484 or any administrative regulation adopted pursuant to KRS 224.462 to 224.484 shall be guilty of a Class B misdemeanor.

(2) A person who is convicted of knowingly demanding or collecting a fee for the inspection of a vehicle other than the fees established pursuant to KRS 224.462 to 224.484 shall be guilty of a Class A misdemeanor.

(3) A person convicted of knowingly making or issuing any imitation of a compliance certificate or exemption certificate shall be guilty of a Class D felony.

(4) A person convicted of willful improper issuance or use of an inspection certificate shall be guilty of a Class A misdemeanor.

STATE : KENTUCKY

STATUTE :

Kentucky Motor Vehicle Emission Control Act, 224.484

Penalties for vehicle emission control violations.

Kentucky Revised Statutes, Chapter 224 - Environmental Protection, Sections 224.462 through 224.484 - Vehicle Emission Control

(BNA State Air Laws, p. 386:0164)

REVIEWED ON : January 1993

STATUTORY TEXT :

(3)(a) Any person who shall knowingly violate any of the provisions of this chapter 1/ relating to noise or any determination or order of the cabinet 2/ promulgated pursuant to those sections which have become final shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for a term of not more than one (1) year, or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation.

(b) For violations by motor vehicles, the fine shall be not less than ten dollars ($10) nor more than fifty dollars ($50) for a first offense, and not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each subsequent offense.

(4) Any person who knowingly violates KRS 244.060, 3/ 224.140, 4/ 224.835, 5/ 224.330, 6/ 224.842, 7/ or KRS 224.032(2) or (3), 8/ or any determination, permit, administrative regulation or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation.

(6) Any person who knowingly is engaged in generation, treatment, storage, transportation or disposal of hazardous waste in violation of this chapter or contrary to a permit, order, or administrative regulation issued or promulgated under this chapter, or knowingly makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000) for each day of violation or by imprisonment for a term of not less than one (1) year and not more than five (5) years or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation.

(9) The Franklin Circuit Court 9/ shall hold concurrent jurisdiction and venue of all civil, criminal, and injunctive actions instituted by the cabinet or by the Attorney General on its behalf for the enforcement of the provisions of this chapter or the orders, and administrative regulations of the cabinet promulgated pursuant thereto.

(10) Any person who deposits leaves, clippings, prunings, garden refuse or household waste materials in any litter receptacle, except with permission of the owner of such receptacle, or who places litter into a receptacle in such a manner that the litter may be carried away or deposited by the elements upon any property or water not owned by him is guilty of a Class B misdemeanor. 10/

(11) In addition to or in lieu of the penalties set forth in this section or in KRS Chapters 532 and 534, 11/ any person found guilty of a second or subsequent offense related to littering may be ordered by the court to pick up litter for not less than four (4) hours.

STATE : KENTUCKY

FOOTNOTES :

1/ Chapter: Environmental Protection.

2/ Cabinet: Natural Resources and Environmental Protection Cabinet.

3/ 224.060: General prohibition against water pollution.

4/ 224.140: Monitoring of publicly owned treatment works.

5/ 224.835: Open dump prohibition - waste disposal.

6/ 224.330: Air pollution.

7/ 224.842: Prohibition against waste disposal site operation without a permit.

8/ 224.032(2) or (3): Enforcement of rules and regulations adopted by Secretary of Natural Resources and Environmental Protection - Policies, plans, programs.

9/ Franklin Circuit Court: Trial court for Franklin County, encompassing the state capital (Frankfort).

10/ Class B Misdemeanor: imprisonment of up to 12 months, or fine of up to $250, or both.

11/ Chapters 532 and 534: Classification and designation of offenses and fines - applying to crimes outside the Penal Code.

STATUTE :

Kentucky Air Pollution Control Acts, 224.994.

Kentucky Revised Statutes, Chapter 224 - Environmental Protection

(BNA State Air Laws, p. 386:0112)

REVIEWED ON : January 1993

STATUTORY TEXT :

(4) Any person who knowingly and willfully violates any of the provisions of this chapter, except as provided in subsection (5) of this section or any determination or order promulgated pursuant to the sections of this chapter which have become final, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or both. Each day on which such violation occurs may constitute a separate offense.

(5)(a) Any person who, in violation of KRS 350.060(1)(a), willfully and knowingly engages in surface coal mining operations without first obtaining a permit from the cabinet, or any person who willfully and knowingly engages in coal exploration operations, exclusive of core drilling, without proper authorization, as required by the cabinet pursuant to KRS 350.057 or administrative regulations promulgated pursuant thereto, or any person who willfully and knowingly engages in mining operations without proper authorization as required by this chapter or administrative regulations promulgated pursuant thereto, with the intent to violate the laws shall be guilty of a Class D felony and upon conviction shall be imprisoned for at least one (1) but not more than five (5) years and may be fined an amount not to exceed ten thousand dollars ($10,000).

(b) Any person who in violation of KRS 350.060(1)(b) willfully and knowingly receives, transports, sells, conveys, transfers, trades, exchanges, donates, purchases, delivers, or in any way derives benefit from coal removed from any surface mining operations conducted in violation of KRS 350.060(1)(a) or 350.057 shall be guilty of a Class D felony and upon conviction thereof shall be imprisoned for at least one (1) but not more than five (5) years and may be fined an amount not to exceed ten thousand dollars ($10,000).

(7) Any person who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by the cabinet, shall upon conviction be guilty of a misdemeanor and shall be imprisoned for a term of up to one (1) year, or be fined not more than ten thousand dollars ($10,000), or both.

(8) Except as permitted by law, any person who willfully and knowingly resists, prevents, impedes, or interferes with the secretary or other personnel of the cabinet in the performance of duties pursuant to this chapter shall, upon conviction, be fined not more than five thousand dollars ($5,000) or imprisoned for not more than one (1) year, or both.

(9) When a corporate permittee violates any provision of this chapter or administrative regulation issued pursuant thereto or fails or refuses to comply with any final order issued by the secretary, any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment as may be imposed upon a person pursuant to this section.

STATE : KENTUCKY

STATUTE :

Kentucky Surface Mining Law, 350.990 Penalties.

Kentucky Revised Statutes, Title XXVIII - Mines and Minerals, Chapter 350 - Surface Coal Mining

(BNA Mining, p. 1586:0133)

REVIEWED ON : January 1993

STATUTORY TEXT :

G. Criminal penalties. Except as otherwise provided by law, any person who willfully or knowingly discharges, emits, or disposes of any hazardous wastes in contravention of any provisions of this Section or of the regulations, or permit or license terms and conditions in pursuance thereof, shall be fined not more than twenty-five thousand dollars per day of violation and costs of prosecution, or imprisoned for not more than one year, or both and in such instances the prosecution may be instituted by the district attorney having criminal jurisdiction.

STATE : LOUISIANA

STATUTE :

Louisiana Hazardous Waste Control Law, Section 4.1.

Underground injection control (Related Laws)

Louisiana Revised Statutes Annotated, Title 30 - Minerals, Oil, and Gas, Subtitle II - Environmental Quality

(BNA State Solid Waste - Land Use, p. 1191:0227)

REVIEWED ON : January 1993

STATUTORY TEXT :

D. Any person who willfully and knowingly violates a condition of a permit issued pursuant to this Chapter or fails or refuses to comply with any order issued under Section 921 or Section 926 of this Chapter, or any order incorporated in a final decision issued by the commissioner under this Chapter, except an order incorporated in a decision issued under Subsection B of this Section or Subsection C of Section 921 of this Chapter, shall upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.

E. Whenever a corporate permittee violates a condition of a permit issued pursuant to this Chapter or fails or refuses to comply with any order issued under Section 921 of this Chapter, or any order incorporated in a final decision issued by the Commissioner under this Chapter except an order incorporated in a decision issued under Subsection B of this Section or Section 928 of this Chapter, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections A and D of this Section.

F. Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Chapter or any regulation issued pursuant to this Chapter or any order or decision issued by the commissioner under this chapter, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.

STATE : LOUISIANA

STATUTE :

Louisiana Surface Mining Reclamation Act, Section 918. Penalties

Louisiana Revised Statutes Annotated, Title 30 - Minerals, Oil, and Gas, Chapter 9 - Surface Mining and Reclamation Act

(BNA Mining, p. 1591:0117)

REVIEWED ON : January 1993

STATUTORY TEXT :

Except as otherwise provided by law:

(1) Any person who willfully or knowingly discharges, emits, or disposes of any substance in contravention of any provision of this Subtitle, of the regulations, or of the permit or license terms and conditions in pursuance thereof, when the the substance is one that endangers or that could endanger human life or health, shall be guilty of a felony and shall shall be fined not more than one millon dollars or the cost of any cleanup made necessary by such violation and shall be fined not more than one hundred thousand dollars per day of violation and costs of prosecution, or imprisoned at hard labor for not more than ten years, or both. However, the discharge of air contaminants into the air of this state in violation of the provisions of this Subtitle, of the regulations, or of the permit or license terms and conditions in pursuance thereof, by the incineration of cardboard by a retail or wholesale merchant or by his employee or agent shall not subject such person to the fine herein provided for.

(2) Any person who willfully or knowingly discharges, emits, or disposes of any substance in contravention of any provision of this Subtitle, of the regulations, or of the permit or license terms and conditions in pursuance thereof, when the substance does not endanger or could not endanger human life or health, shall be guilty of a misdemeanor and shall be fined not more than twenty-five thousand dollars per day of violation and costs of prosecution, or imprisoned for not more than one year, or both. A finding that this Paragraph has been violated shall be a responsive verdict when the defendant has been charged with a violation of Paragraph (1) of this Subsection.

(3) Any person who knowingly omits material information or knowingly and intentionally makes any false statement, representation, or certification in any application, record, label, manifest, report, plan, or other document filed or required to be maintained under this Subtitle, or under any permit, rule, or regulation issued under this Subtitle, or who falsifies, intentionally tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Subtitle, or under any permit, rule, or regulation issued under this Subtitle, shall upon conviction be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than six months, or both.

STATE : LOUISIANA

FOOTNOTES :

1/ Including air pollution control, water pollution control, hazardous waste control and solid waste management with respect to presence of public endangerment.

STATUTE :

Louisiana Environmental Quality Act, Section 2025. Enforcement

Louisiana Revised Statutes Annotated, Title 30 - Minerals, Oil, and Gas and Envionmental Quality, Subtitle II - Environmental Quality

(BNA State Air Laws, p. 391:0111)

REVIEWED ON : January 1993

STATUTORY TEXT :

(1) Any person who willfully or knowingly discharges, emits, or disposes of any substance in contravention of any provision of this Chapter or any regulations or of any permit or license terms and conditions adopted in pursuance thereof, or any person who otherwise knowingly violates any provision of this Chapter, shall, upon conviction be subject to a fine of not more than one hundred thousand dollars per day of violation and costs of prosecution, or imprisonment at hard labor for not more than ten years, or both.

(2) Any person who knowingly transports, treats, stores, disposes of, or exports any substance in contravention of any provisions of this Chapter or the regulations or of any permit or license terms and conditions adopted in pursuance thereof, or any person who otherwise knowingly violates any provisions of this Chapter, in such manner that he knows, or should have known, at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than two hundred fifty thousand dollars per day of violation and costs of prosecution, or imprisonment at hard labor for not more than fifteen years, or both.

(3) Any person who knowingly omits any material information or knowingly and intentionally makes any false statement, representation, or certification in any application, record, label, manifest, report, plan, or other document filed or requried to be maintained under this Chapter, or under any permit, rule, or regulation issued under this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method to be maintained under this Chapter, or under any permit, rule, or regulation issued under this Chapter, shall upon conviction be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than six months, or both.

H. No person shall tamper with or cause to be tampered with any hazardous waste container or the contents thereof, shall discharge or cause to be discharged the contents of said container between the point of origin and point of destination listed in the manifest, or shall discharge or cause to be discharged the contents of said container at any location other than that for which it is permitted unless ordered to do so by the Department of Environmental Quality or otherwise allowed by this Subsection and rules or regulations promulgated thereunder. Any person willfully violating this Subsection shall be subject to the civil and criminal penalties provided by this Chapter.

STATE : LOUISIANA

STATUTE :

Louisiana Hazardous Waste Control Law, Section 2183. Notice: permits and licenses; enforcement; violations; penalties; notification;

Louisiana Revised Statutes Annotated, Title 30 - Minerals, Oil, and Gas, Subtitle II - Environmental Quality

(BNA State Solid Waste - Land Use, p. 1191:0205)

REVIEWED ON : January 1993

STATUTORY TEXT :

F. Any person found to have knowingly and intentionally violated the provisions of this Subpart, any of the rules and regulations issued hereunder, or the terms or conditions of any coastal use permit shall be subject to a fine of not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than ninety days, or both.

STATE : LOUISIANA

STATUTE :

Louisiana Coastal Wetlands Conservation, Restoration, and Management Acts, Section 214.36.

Enforcement; injunctions; penalties and fines

Louisiana Revised Statutes Annotated, Title 49 - State Administration, Chapter 2 - Office of the Governor, Part II, Louisiana Coastal Wetlands Conservation, Restoration and Management

(BNA State Solid Waste - Land Use, p. 1191:2113)

REVIEWED ON : January 1993

STATUTORY TEXT :

1. Criminal Penalties. Any person who violates any provisions of the laws administered by the department, 1/ including, without limitation, a violation of the terms or conditions of any order, rule, license, permit, approval or decision of the board 2/ or commissioner, 3/ or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2264, is guilty of a Class E crime 4/ and may be punished accordingly, except notwithstanding Title 17-A, 5/ Section 1301, subsection 1, paragraph C, or subsection 3, paragraph E, the fine for such a violation shall not be less than $100 nor more than $25,000 for each day of the violation.

This subsection does not apply to actions subject to the criminal penalties set forth in section 1319-T. 6/

3. Falsification and tampering. Notwithstanding Title 17-A, section 4-A, any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by any provision of law administered by the department, or by any order, rule, license, permit, approval or decision of the board or commissioner, or who tampers with or renders inaccurate any monitoring devices or method required by any provision of law, or any order, rule, license, permit, approval or decision of the board or commissioner or who fails to comply with any information submittal required by the commissioner pursuant section 568, subsection 3, 7/ or section 1364, subsection 3, 8/ is, upon conviction, subject to a fine of not more than $10,000, or by imprisonment for not more than 6 months, or both.

STATE : MAINE

FOOTNOTES :

1/ Department: Department of Environmental Protection.

2/ Board: Environmental Protection Board.

3/ Commissioner: Commissioner of Environmental Protection.

4/ Class E crime: Imprisonment of up to 6 months.

5/ Title 17-A: Criminal code provisions relating to fines for violations.

6/ Section 1319-T: Criminal Provisions - Hazardous Waste.

7/ Section 568, Subsection 3: Issuance of cleanup orders.

8/ Section 1364, Subsection 3: Investigation and evaluation - Hazardous Waste.

STATUTE :

Maine Site Location Act, Section 349. Penalties (Related Law)

Maine Revised Statutes Annotated, Title 38 - Waters and Navigation, Chapter 3 - Protection and Improvement of Waters, Article 6 - Site Location and Development

(BNA State Solid Waste - Land Use, p. 1196:0345)

REVIEWED ON : November 1992

STATUTORY TEXT :

Whoever intentionally or knowingly poisons, defiles or in any way corrupts the waters of any well, spring, brook, lake, pond, river or reservoir used for domestic purposes for man or beast, or knowingly corrupts the sources of any public water supply, or the tributaries of those sources of supply in a manner which affects the purity of the water supplied, or knowingly defiles that water in any manner, whether the water be frozen or not, or puts the carcass of any dead animal or other offensive material in those waters or upon the ice thereof, shall be guilty of a Class A crime.

STATE : MAINE

STATUTE :

Section 571. Corrupting waters forbidden

Maine Revised Statutes Annotated, Title 38 - Waters and Navigation, Chapter 3 - Water Protection, Liability

REVIEWED ON : November 1992

STATUTORY TEXT :

3. Criminal penalties. A person who intentionally, knowingly or recklessly fails to comply with the reporting requirements of section 798, subsection 1, commits a Class C crime and, notwithstanding Title 17 - A, section 1301, is subject to a fine of not more than $25,000 for the first offense and not more than $50,000 for a subsequent offense.

STATE : MAINE

STATUTE :

Maine Right-to-Know Act, Section 806. Enforcement; penalties

Maine Revised Statutes Annotated, Title 37-B - Defense and Veteran's Services; Excerpt from Chapter 13 - Maine Emergency Management Agency

(BNA State Solid Waste - Land Use, p. 1196:0386)

REVIEWED ON : November 1992

Maine Revised Statutes Annotated, Title 38 - Waters and

(BNA State Solid Waste - Land Use, p. 1196:0345)

STATUTORY TEXT :

1. Penalty provisions. Any person is guilty of a Class C crime 1/ and may be punished accordingly if that person, with respect to any substance or material that has been identified as hazardous waste by the board 2/ and that the person believes may be harmful to human health or knows or has reason to know has been so identified, knowingly:

A. Transports any such substance or material without, in fact, having a proper license or permit as may be required under this subchapter; 3/

B. Transports any such substance or material to a waste facility knowing or consciously disregarding a risk that such facility does not have a proper license or permit as may be required under this subchapter;

C. Handles any such substance or material without, in fact, having obtained a proper license or permit to do so as may be required under this subchapter; or

D. Handles any such substance or material at any location knowing or consciously disregarding a risk that such location does not have a proper license or permit as may be required under this subchapter for such treatment, storage or disposal.

Notwithstanding Title 17-A, 4/ Section 1301, subsection 1, paragraph A-1, or Title 17-A, section 1301, subsection 3, paragraph D, the fine for such violation may not exceed $50,000 for each day of such violation. In a prosecution under paragraph B or D, the conscious disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

2. Class D crimes. A person is guilty of a Class D crime 5/ if, with respect to any substance or material that, in fact, has been identified as hazardous waste by the board and that the person knows or has reason to believe has been so identified or may be harmful to human health, that person knowingly:

A. Establishes, constructs, alters or operates any waste facility for any such substance or material without, in fact, having obtained a proper license or permit as may be required under this subchapter;

B. Handles or transports any substance or material identified as hazardous waste by the board in any manner that violates the terms of any condition, order, rule, license, permit, approval or decision of the board or commissioner 6/ with respect to the handling or transporting of such substance or material; or

C. Gives custody or possession of any such substance or material to any other person whom he knows or has reason to believe:

(1) Does not have a license or permit to transport or handle such substance or material as may be required under this subchapter; or

(2) Will transport or handle such substance or material in violation of this subchapter or rules adopted under it.

A person who violates the provisions of this subsection may be punished accordingly, except that, notwithstanding Title 17-A, Section 1301, subsection 1, paragraph B, or Title 17-A, section 1301, subsection 3, paragraph E, the fine for such violation may not exceed $25,000 for each day of the violation.

STATE : MAINE

FOOTNOTES :

1/ Class C crime: imprisonment of up to 5 years.

2/ Board: Environmental Protection Board.

3/ Subchapter: Hazardous Waste and Waste Oil.

4/ Title 17-A: criminal code provisions relating to fines for violations.

5/ Class D crime: imprisonment of up to 3 years.

6/ Commissioner: Commissioner of Environmental Protection.

STATUTE :

Maine Hazardous Waste and Waste Oil Act, Section 1319-T.

Criminal provisions

Navigation, Chapter 13 - Waste Management

REVIEWED ON : November 1992

Maine Revised Statutes Annotated, Title 38 - Waters and

and Ground Water Protection

(BNA State Solid Waste - Land Use, p. 1196:0158)

STATUTORY TEXT :

3. Criminal penalty. Any person who violates a provision of this chapter or any lawful order or rule adopted by the board is guilty of a Class E crime.

STATE : MAINE

STATUTE :

Maine Underground Storage Facilities Law, 26 M.R.S.A.

Section 10015.

Navigation, Chapter 3 - Protection and Improvement of Waters, Subchapter II-B - Underground Oil Storage Facilities

REVIEWED ON : November 1992

STATUTORY TEXT :

(3) A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

STATE : MARYLAND

STATUTE :

Section 1-404. Secretary's duties, powers, and functions; units to report to Secretary; interference with Secretary's or his agent's right to entry; penalty.

Annotated Code of Maryland, Environment Article, Title 1, Subtitle 4

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

STATE : MARYLAND

STATUTE :

Section 1-503. Penalty for violation of subtitle.

Annotated Code of Maryland, Environment Article, Title 1, Subtitle 5

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Knowing violations under this title; penalties.

(1) A person may not knowingly act or fail to act in violation of a concition or requirement imposed on the person by a permit or approval issued under this title. 1/ A person may not knowingly fail to obtain a permit or approval that the person knows or should have known is required under this title. A person may not violate a duty imposed on the person by a rule, regulation, order, or approved plan for compliance adopted or issued under this title with knowledge that the person's conduct constitutes a violation of the duty.

(2) A person who violates a provision of this subsection is guilty of a misdemeanor and on conviction is subject to:

For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or

For a violation committed after a first conviction under this section, a fine not exceeding $50,000 or imprisonment not exceeding 2 years or both.

(3) Each day on which violations occur is a separate violation under this subsection.

(c) Additional knowing violations; penalties. - A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each day of violation or imprisonment not exceeding 6 months or both if the person:

(1) Knowingly makes any false statement, representation,

or certification in any application, record, report, plan, or other document filed or required to be maintained under this title or any rule, regulation, order, approved plan for compliance, approval, or permit adopted or issued under this title; or

(2) Knowingly falsifies, tampers with, or renders inaccurate

any monitoring device or methods required to be maintained under this title or any rule, regulation, order, approved plan for compliance, approval or permit adopted or issued under this title.

STATE : MARYLAND

FOOTNOTES :

1/ Title: Ambient Air Quality Control.

STATUTE :

Maryland Air Quality Control Act, 2-609.1. Criminal penalties.

Annotated Code of Maryland, Environment Article, Title 2 -

Ambient Air Quality Controls

(BNA State Air Laws, p. 401:0106)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of this subtitle or of any rule or regulation adopted by the Service is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation. A separate offense exists for each day a violation occurs.

STATE : MARYLAND

STATUTE :

Maryland Environmental Service Act of 1970, 3-129.

Violations and penalties.

Annotated Code of Maryland, Natural Resources Article, Title 3- Environmental Programs, Subtitle 1 - Maryland Environmental Service

(BNA State Water Laws, p. 801:0315)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of this subtitle 1/ is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $5,000 or imprisonment not exceeding one year or both for each violation with cost imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.

STATE : MARYLAND

FOOTNOTES :

1/ Subtitle: Sediment Control.

STATUTE :

Maryland Nonpoint Source Pollution Control Laws, 4-116.

Violations and criminal penalties.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitles 1 and 2, 1) Sediment Control, 2) Stormwater Management

(BNA State Water Laws, p. 801:0404)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who violates any provision of this subtitle or any regulation or stormwater management plan adopted or approved under this subtitle is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.

STATE : MARYLAND

STATUTE :

Maryland Nonpoint Source Pollution Control Laws, 4-215.

Penalties; failure of county or municipality to enforce subtitle.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitles 1 and 2, 1) Sediment Control, 2) Stormwater Management

(BNA State Water Laws, p. 801:0407)

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to a fine not exceeding $5,000, or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court.

STATE : MARYLAND

STATUTE :

Section 4-314. Violations and penalties

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 3

REVIEWED ON : January 1993

STATUTORY TEXT :

(c) Violations and penalties. - If the Secretary has not waived the bond or security requirements as provided in subsection (b) of this section, the owner, agent, charterer, and owner or operator of the terminal at which a vessel or barge discharges or receives cargo of bulk oil without being bonded as provided in subsection (a) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $25,000 for each offense.

(d) Disposition of penalties and forfeitures. - All penalties and bond and security forfeitures collected under this section shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

STATE : MARYLAND

STATUTE :

Maryland Oil Pollution Control Act, Section 4-407.

Bond of vessels on waters of State to discharge or receive oil cargo

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 4 - Water Pollution Control and Abatement

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Penalty for violation of licensing provisions. - Any person who violates subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 plus any accrued but unpaid licensee fees.

STATE : MARYLAND

STATUTE :

Maryland Oil Pollution Control Act, Section 4-411.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 4 - Water Pollution Control and Abatement

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person who violates any provision of this subtitle, 1/ or any regulation or order issued under it, or the provisions of any permit of the Department 2/ made pursuant to this subtitle is guilty of a misdemeanor, and upon conviction, is subject to a fine not exceeding $25,000 or by imprisonment not exceeding one year, or both, and, in addition, may be enjoined from continuing the violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation or by imprisonment not exceeding two years or both, and in addition, the person may be enjoined from continuing the violation. Each day upon which violation occurs constitutes a separate offense.

(b) Any person who violates any of the provisions of, or who fails to perform any duty imposed by this subtitle, or any regulation or order issued under it, or the provisions of any permit of the Department made pursuant to this subtitle is guilty of a misdemeanor, and upon conviction, is subject to a fine not exceeding $50,000 or by imprisonment not exceeding one year, or both, and, in addition, may be enjoined from continuing the violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation or by imprisonment not exceeding two years or both, and in addition, the person may be enjoined from continuing the violation. Each day upon which violation occurs constitutes a separate offense.

(c) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this title, 3/ or by any permit, rule, regulation or order issued under this title, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this title or by any permit, rule, regulation, or order issued under this title, upon conviction, is subject to a fine not exceeding $10,000, or by imprisonment not exceeding six months or both.

STATE : MARYLAND

FOOTNOTES :

1/ Subtitle: Water Pollution Control and abatement.

2/ Department: Department of the Environment.

3/ Title: Environment.

STATUTE :

Maryland Oil Pollution Control Act, Section 4-417. Penalties.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 4 - Water Pollution Control and Abatement

(BNA State Water Laws, p. 801:0206)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Any person responsible for a discharge of oil in violation of section 4-410(a) or (b) of this subtitle is:

(1) Guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both for each offense as provided in section 4-417(b) of this subtitle.

STATE : MARYLAND

STATUTE :

Maryland Oil Pollution Control Act, Section 4-418. Violations of Section 4-410; lien on vessels violating section 4-410.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 4 - Water Pollution Control and Abatement

(BNA State Water Laws, p. 801:0207)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) First offense. - Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court.

(b) Second or subsequent offense. - Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this title.

(c) Violation of rule, regulation, or restriction. - In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b).

STATE : MARYLAND

FOOTNOTES :

1/ Title: Water Management.

STATUTE :

Maryland Oil Pollution Control Act, Section 4-501. Penalties and fines.

Annotated Code of Maryland, Environment Article, Title 4 - Water Management, Subtitle 4 - Water Pollution Control and Abatement

(BNA State Water Laws, p. 801:0207)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Fine and imprisonment. - A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.

(b) Separate offenses. - Each day a violation continues constitutes a separate offense under this section.

STATE : MARYLAND

STATUTE :

Section 6-302. Penalties.

Annotated Code of Maryland, Environment Article, Title 6, Subtitle 3

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Criminal penalty. - A person who previously has been assessed a civil penalty under this subtitle and who willfully violates any provision of this subtitle or any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject:

(1) For a first offense, to a fine not exceeding $20,000; or

(2) For a second or subsequent offense, to a fine not exceeding $25,000, or imprisonment not exceeding 2 years or both.

STATE : MARYLAND

STATUTE :

Section 6-422. Penalties.

Annotated Code of Maryland, Environment Article, Title 6, Subtitle 4

REVIEWED ON : January 1993

STATUTORY TEXT :

(e) Penalty. - A person who, after written notice of a rule or regulation adopted under this section, continues to violate the rule or regulation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each day that the violation continues.

STATE : MARYLAND

STATUTE :

Section 6-701. Occupational diseases.

Annotated Code of Maryland, Environment Article, Title 6, Subtitle 7 - Occupational Diseases

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Specific offenses. - A person who commits any of the of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both: both:

(1) Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;

(2) Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a contolled hazardous substance facility for which a current facility permit is in effect;

(3) Falsifying any information required by the Department 1/ under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; 2/ or

(4) Authorizing, directing, or permitting any offense listed in this section.

(b) Penalties for violation. - A person who is convicted of violating the following sections of this subtitle or any regulation adopted under the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment for not more than 3 years, or both:

(1) Section 7-209 of this subtitle; 3/ (2) Section 7-249 of this subtitle; or 4/ (3) Section 7-252 of this subtitle. 5/

(c) Separate offense for each day. - Each day on which a violation occurs constitutes a separate offense under this section.

(d)(1) Knowing violations; penalties. - Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.

STATE : MARYLAND

FOOTNOTES :

1/ Department: Department of the Environment.

2/ Subtitle: Controlled Hazardous Substances.

3/ Section 7-209: Requirements for Generators.

4/ Section 7-249: Restrictions on transporting controlled hazardous substances.

5/ Section 7-252: Standards for hauler certification; driver certification.

STATUTE :

Maryland Hazardous Substances Spill Response Law, 7-265.

Specific offenses and penalties.

Annotated Code of Maryland, Environment Article, Title 7 - Hazardous Substance Material and Hazardous Substances, Subtitle 2 - Controlled Hazardous Substances

(BNA State Solid Waste - Land Use, p. 1201:0313)

REVIEWED ON : January 1993

STATUTORY TEXT :

(A) Violating subtitle, rules, regulations, orders, certificates, or permits. -

(1) Except as provided in Section 7-265 1/ of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, 2/ or who violates any provision of or fails to perform any dury imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:

(i) For a first offense, a fine not exceeding $25,000 or imprisoinment not exceeding 1 year or both; or

(ii) If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.

(2) In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.

(3) Each day on which a violation occurs is a separate violation under this subsection.

(b) A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 2 years or both if the person:

(1) Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle; or

(2) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle.

STATE : MARYLAND

FOOTNOTES :

1/ Section 7-265: Specific offenses for Controlled Hazardous Substances.

2/ Subtitle: Controlled Hazardous Substances.

STATUTE :

Maryland Hazardous Substances Spill Response Law, 7-267.

Criminal penalties.

Annotated Code of Maryland, Environment Article, Title 7 - Hazardous Substance Material and Hazardous Substances, Subtitle 2 - Controlled Hazardous Substances

(BNA State Solid Waste - Land Use, p. 1201:0313)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Open-pit mining without license. - Any person who mines coal by the open-pit mining method as an operator without having applied for and received a license as provided in this subtitle is guilty of a misdemeanor. On conviction, he is subject to a fine of not less than $5,000 and not exceeding $10,000, or imprisonment not exceeding six months, or both.

(b) Open-pit mining without permit. - Any person who mines coal by the open-pit mining method without having received a permit, as provided in this subtitle, who mines coal by the open-pit mining method without securing an amended permit, who mines coal by the open-pit mining method without furnishing the proper bond required by this subtitle, who knowingly or intentionally submits false information to the Department, or knowinlgy fails to make any statement, representation, or certification in any document required to be filed with the Department, or who does not fully comply with every provision and requirement of this subtitle or any rule, regulation, permit, notice or order issued pursuant thereto, is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $10,000 or by imprisonment for not more than 1 year or both.

(c) Open-pit or strip mining on state land without a permit. - Any person who mines coal by the open-pit or strip method on any land the state owns in violation of section 7-505 of this subtitle without a permit the bureau issues is guilty of a misdemeanor and upon conviction is subject to a fine of not less than $,1000 and not exceeding $10,000 or imprisonment not exceeding two years, or both. A separate offense shall exist for each day a violation occurs.

(e) Interference with Secretary. - Any person who shall willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties under this subtitle shall be guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $5,000 or by imprisonment for not more than 1 year or both.

STATE : MARYLAND

STATUTE :

Maryland Strip Mining Law, 7-516. Penalties under subtitle.

Annotated Code of Maryland, Natural Resources Article, Title 7, Mines and Mining, Subtitle 5 - Strip Mining

(BNA Mining, p. 1601:0112)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Criminal penalty; written notice required. - (1) A person who fails, refuses, or neglects to comply with any provision of this title, or with any regulation adopted under this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

(2) Before any prosecution is begun under this subsection, the Secretary shall serve written notice of each alleged violation on a person who is in charge of the place where the violation allegedly exists.

STATE : MARYLAND

STATUTE :

Section 8-509. Prohibited acts; penalties.

Annotated Code of Maryland, Environment Article, Title 8, Subtitle 5

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) First offense. - Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with Article 38, section 4 of the Code.

(b) Second or subsequent offense. - Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.

(c) Violation regulation or restriction. - In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department of Natural Resources pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this Section.

STATE : MARYLAND

STATUTE :

Maryland Used Oil Recycling Act, 8-2001. Penalties and fines.

Annotated Code of Maryland, Natural Resources Article, Title 8 - Water and Water Resources, Subtitle 14 - Used Oil Recycling and Subtitle 20 - Penalty and Fines

(BNA State Solid Waste - Land Use, p. 1201:0352)

REVIEWED ON : January 1993

STATUTORY TEXT :

The provisions of sections 7-256 through 7-268 of this article shall be used and shall apply to enforce violations of section 9-227(b) of this subtitle.

STATE : MARYLAND

STATUTE :

Section 9-267. Violations of section 9-227(b)

Annotated Code of Maryland, Environment Article, Title 9 - Wetlands and Riparian Rights, Subtitle 6, Part V - Penalties

REVIEWED ON : January 1993

STATUTORY TEXT :

(A) Violating subtitle, regulations, orders, or permits. -

(1) A person who violates any provision of or fails to perform any duty imposed by this subtitle, 1/ or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:

(i) For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or

(ii) If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.

(2) In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.

(3) Each day on which a violation occurs is a separate violation under this subsection.

(b) False statements in required documents. - A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both if the person:

(1) Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle; or

(2) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.

STATE : MARYLAND

FOOTNOTES :

1/ Subtitle: Water Pollution Control.

STATUTE :

Maryland Water Pollution Control Law, 9-343. Criminal penalties.

Annotated Code of Maryland, Environment Article, Title 9 -

Water, Ice, and Sanitary Facilities

(BNA State Water Laws, p. 801:0108)

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Criminal penalty. - A person who violates section 9-412(a)(1) or (2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.

STATE : MARYLAND

STATUTE :

Maryland Drinking Water Law, 9-413. Penalties.

Annotated Code of Maryland, Environment Article, Title 9 - Water, Ice, and Sanitary Facilities, Subtitle 4 - Drinking Water

(BNA State Water Laws, p. 801:0443)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) First offense. - Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.

(b) Second or subsequent offense. - Any person found guilty of a second of subsequent violation of any provision of this title, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this title.

(c) Violation of permit or license provisions or regulation. - In addition to any administrative penalty provided in this title, violation of any provision of any permit or license issued under this title or of any regulation adopted by any unit within the Department under the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.

STATE : MARYLAND

STATUTE :

Maryland Wetlands Law, 9-601. Enumeration.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 6

(BNA State Solid Waste - Land Use, p. 1201:2106)

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Prohibited acts. - A person may not:

(1) Interfere with an inspection made under authority of section 9-606 of this subtitle;

(2) Violate section 9-661 of this subtitle by failing:

(i) To maintain at least 1 sanitary toilet and wash basin as a part of any plumbing system that is used on any parcel after it is connected to a connector; or

(ii) To disconnect and close each cesspool, sink, drain, and privy on a parcel after it is connected to a connector;

(3) Violate a water conservation order;

(4) Construct or operate an independent system in violation of section 9-664 of this subtitle;

(5) Fail to move an obstruction in violation of section 9-669 of this subtitle;

(6) Fail, in violation of section 9-697(a) of this subtitle, to perform any act required of that person in paying principal or interest on bonds issued under this subtitle;

(7) Use, for any purpose other than repaying in accordance with this subtitle, any funds that, under this subtitle, are required to be used to pay principal and interest on bonds.

(8) Violate section 9-698 of this subtitle; or

(9) Operate, or make any connection to a fire hydrant, unless the act is done:

(i) With written permission of the sanitary commission; or

(ii) By a fire department in discharge of its duties; or

(10) Deface, damage, or obstruct a fire hydrant.

(b) Penalties. - A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment in jail not exceeding 30 days or both.

STATE : MARYLAND

STATUTE :

Section 9-699. Prohibited acts; penalties.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 6, Part IX - Miscellaneous Provisions; Prohibited Acts; Penalties

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who violates any provision of or fails to perform any duty imposed by Part II of this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or permit adopted or issued under Part II of this subtitle, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days in the county jail, or both.

STATE : MARYLAND

STATUTE :

Section 9-717. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 7 - Regulation by Municipalities and Political Subdivisions, Part II - Regulation by Municipalities

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who violates any provision this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

STATE : MARYLAND

STATUTE :

Section 9-1026. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 10, Part III - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Permit required. - In Garrett County, before constructing on private property a building that will need a septic tank disposal system, the person who proposes to construct the building shall obtain a septic tank permit from the Garrett County Health Department.

(b) Application for permit. - An applicant for a septic tank permit under this section shall submit to the Garrett County Health Department:

(1) An application on the form that the Garrett County Health Department requires; and

(2) A plan for the septic tank system.

(c) Inspection allowed. - Before issuing a septic tank permit, the Garrett County Health Department may inspect the site of the proposed septic tank.

(d) Issuance of permit. - If it approves the application, the Garrett County Health Department shall issue a septic tank permit.

(e) Prohibited act. - A person may not build a septic tank in violation of this section.

(f) Penalty. - A person who violates subsection (e) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

STATE : MARYLAND

STATUTE :

Section 9-1101. Septic tanks in Garrett County.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 11 - Miscellaneous Sanitary Provisions

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) In general. - A person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $500 or imprisonment not exceeding 3 months or both; or

(2) For a subsequent offense, a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(b) Injunction. - The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, or permit adopted or issued under this subtitle. In any action for an injunction under this subsection, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.

(c) False statements, etc.; tampering with monitoring device. - A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both if the person:

(1) Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle; or

(2) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle.

STATE : MARYLAND

STATUTE :

Section 9-1131. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 13

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Penalties. -

(1) Any person who uses a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(2) Any person who sell, distributes, or manufactures a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(b) Seizures and forfeitures. - The Department may seize any cleaning agent held for sale or distribution in violation of this subtitle. The seized cleaning agents are considered forfeited.

STATE : MARYLAND

STATUTE :

Section 9-1505. Penalties for violation.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Wetlands and Riparian Rights, Subtitle 15 - Cleaning Agents

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Penalties. - Any person who knowingly and willfully distributes for sale a container in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 per violation.

STATE : MARYLAND

STATUTE :

Maryland Recycling Law, 9-1710. Sale of certain plastic containers prohibited without required label.

Annotated Code of Maryland, Natural Resources Article, Title 9 - Water, Ice, and Sanitary Facilities, Subtitle 17 - Office of Recycling

(BNA State Solid Waste - Land Use, p. 1201:0405)

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who refuses or neglects to comply with the requirements of a notice served under section 10-201 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

STATE : MARYLAND

STATUTE :

Section 10-301. Failure to obey abatement notice from health officer.

Annotated Code of Maryland, Natural Resources Article, Title 10 - Subtitle 3 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) Due diligence. - A peson who fails to exercise due diligence under a court order to abate a condition under section 10-202 of this title is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $10 for each day the condition is not abated; and

(2) The cost of prosecution.

(b) Knowing or willful violation. - A person who knowingly or willfully acts contrary to a court order to abate a condition under section 10-202 of this title is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $20 for each day the violation continues; and

(2) The cost of prosecution.

STATE : MARYLAND

STATUTE :

Section 10-302. Failure to obey judicial abatement order.

Annotated Code of Maryland, Natural Resources Article, Title 10 - Subtitle 3 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

In addition to any other penalty provided by law, a person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both, if the person:

(1) Interferes with the Secretary or a representative of the Secretary summarily abating a nuisance under section 10-203 of this title; or

(2) Refuses to allow the Secretary or a representative of the Secretary to enter on any property for the purpose of summarily abating a nuisance under section 10-203 of this title.

STATE : MARYLAND

STATUTE :

Section 10-303. Interference with summary abatement.

Annotated Code of Maryland, Natural Resources Article, Title 10 - Subtitle 3 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who violates any rule or regulation that the Secretary adopts under Subtitle 1 of this title is guilty of a misdemeanor and on conviction is subject to a fine for each offense not exceeding the lesser of the penalty provided by the rule or regulation or $100.

STATE : MARYLAND

STATUTE :

Section 10-304. Violation of rules and regulations.

Annotated Code of Maryland, Natural Resources Article, Title 10 - Subtitle 3 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

(b) Prohibition; penalty. - In Cecil County or Allegany County, in addition to any other penalty imposed by this subtitle, a person who refuses or neglects to comply with a notice or order to abate a nuisance by the Secretary, or by the health officer for the county where the nuisance exists, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 a day for each day the violation continues.

STATE : MARYLAND

STATUTE :

Section 10-305. Nuisances in Cecil County or Allegany County.

Annotated Code of Maryland, Natural Resources Article, Title 10 - Subtitle 3 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

A person who violates any provision of section 11-301 or section 11-401 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 60 days or both.

STATE : MARYLAND

STATUTE :

Section 11-402. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 11 - Subtitle 4 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) In general. - A person or municipal or private corporation that violates any provision of this title or any rule or regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25 for each day of violation.

(b) Separate offenses. - Each day of employment in violation of this title or of any rule or regulation adopted under this title is a separate offense.

STATE : MARYLAND

STATUTE :

Section 12-504. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 12 - Subtitle 5 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

(a) In general. - A person who violates any provision of this title or of any rule or regulation adopted under this title is guilty of a misdemeanor and on conviction is subject:

(1) To a fine not exceeding $500 or imprisonment not exceeding 3 months, or both; or

(2) To a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, for any subsequent violation of this title that occurs within 2 years of an earlier violation of this title.

(b) Separate offense for each day. - Each day that a person practices well drilling without a license constitutes a separate offense.

STATE : MARYLAND

STATUTE :

Section 13-505. Penalties.

Annotated Code of Maryland, Natural Resources Article, Title 13 - Subtitle 5 - Prohibited Acts; Penalties.

REVIEWED ON : January 1993

STATUTORY TEXT :

Any person who, directly or indirectly, throws, drains, runs, discharges or allows the discharge of any pollutant into waters of the commonwealth, except in conformity with a permit issued under section forty-three; or who violates any provision of this chapter, 1/ any valid regulation, order or permit prescribed or issued by the director 2/ thereunder; or who knowingly makes any false representation in an application, record, report or plan, or falsifies, tampers with or renders inaccurate a monitoring device or method, required under this chapter, (a) shall be punished by a fine of not less than two thousand five hundred dollars nor more than twenty-five thousand dollars for each day such violation occurs or continues, or by imprisonment for not more than one year, or by both.

No information submitted or made available for inspection in accordance with requirements established by or under this chapter may be used in any criminal proceeding against the individual who submits it, certifies it, or makes it available, except in a prosecution for the making of a false statement or record, or for otherwise failing to comply with reporting or recording requirements under this chapter.

STATE : MASSACHUSETTS

FOOTNOTES :

1/ Chapter: Department of Environmental Management.

2/ Director: Director of Division of Water Pollution Control.

STATUTE :

Massachusetts Clean Waters Act, Section 42

Massachusetts General Laws, Chapter 21 - Department of Environmental Management, Sections 26-53

(BNA State Water Laws, p. 806:0110)

REVIEWED ON : March 1993

STATUTORY TEXT :

The commissioner of the department of environmental protection shall adopt, and from time to time amend, regulations to be known as the state environmental code. Any violation of such code, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment. Said code shall deal with matters affecting the environment and the well being of the public of the commonwealth over which the department takes cognizance and responsibility including, but not limited to, standards for the disposal of sewage.

STATE : MASSACHUSETTS

STATUTE :

Section 13. State Environmental Code

Massachusetts General Laws, Chapter 21A

REVIEWED ON : March 1993

STATUTORY TEXT :

The department of environmental protection is hereby authorized and directed to issue permits for the disposal of dredged materials within the marine boundaries of the commonwealth when it is determined that such disposal and such disposed material will not unreasonably degrade or endanger the marine environment or public health. Said permit shall include such terms and conditions as said department finds necessary to assure conformance with this section and any other general or special law within its jurisdiction. No person shall so dispose of dredged material except pursuant to and in accordance with the terms and conditions of such a permit. Any violation of any provision of this section or any rule or regulation promulgated pursuant thereto, (a) shall be punishable by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment.

Said department is further authorized and directed to promulgate rules and regulations for the transportation and disposal of such dredged material within the commonwealth so as to protect and enhance environmental quality, the public health, and natural resources.

STATE : MASSACHUSETTS

STATUTE :

Section 14. Issuance of permits for disposal of dredged materials

Massachusetts General Laws, Chapter 21A

REVIEWED ON : March 1993

STATUTORY TEXT :

Any person who violates the conditions of sections three, four and five shall be punished by a fine of five thousand dollars plus an additional one thousand dollars per acre for each acre of land affected by such violations.

Any person who violates the provisions of a cease-work order issued under section seven and eight shall be punished by a fine of ten thousand dollars or by imprisonment for a period of not more than one year or both.

Any person who violates the provisions of section ten shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars for the first offense. For each subsequent offense the person shall be punished by a fine of not less than five thousand dollars or by imprisonment for not more than one year or both.

Any person who extends the mining operation beyond the boundaries agreed to in the coal mining license issued under the provisions of this chapter shall be punished by a fine of five thousand dollars plus one thousand dollars for each acre of land affected.

STATE : MASSACHUSETTS

STATUTE :

Massachusetts Coal Mining and Reclamation Act, Section 15

Massachusetts General Laws, Chapter 21B - Mining Regulation and Reclamation

(BNA Mining, p. 1606:0105)

REVIEWED ON : March 1993

STATUTORY TEXT :

No person shall collect, transport, store, dispose of, treat, use or transport hazardous waste in a manner which could endanger human health, safety or welfare, or the environment, or in a manner inconsistent with any provision of this chapter, 1/ or of any regulation standard, license, or order issued pursuant to this chapter.

No person shall collect, transport, store, treat, use or dispose of hazardous waste unless that person is in possession of a valid license issued pursuant to this chapter and, when in possession of such waste shall have a valid manifest; provided, however, that the department, 2/ by regulation, may exempt from this prohibition the short term containment of hazardous waste on the premises of the person who generated said waste, for a period not exceeding nine months, or another period set by regulation of the department in a manner which does not constitute disposal.

No person who generates or who otherwise comes into possession of hazardous waste shall transfer custody or possession of such waste to any person who does not have a valid hazardous waste license, and such generator must prepare a manifest precisely descriptive of the waste.

No person shall violate, or allow or suffer any employee, agent or contractor to violate any provision of this chapter or any regulation, license, approval or order issued hereunder.

No person shall act in the capacity of, or advertise as, or assume to act as a hazardous waste licensee unless such person is in possession of a valid hazardous waste license issued under this chapter.

No person shall use a motor vehicle for the transportation of hazardous wastes on any way unless there has been issued for said vehicle a vehicle identification device, issued under the provisions of this chapter, and said device is attached to a cab card which is carried in the operators compartment of said vehicle where it is accessible to the operator of said vehicle.

STATE : MASSACHUSETTS

FOOTNOTES :

1/ Chapter: Hazardous Waste Management Act.

2/ Department: Department of Environmental Protection.

STATUTE :

Massachusetts Hazardous Waste Laws, Section 5

Massachusetts General Laws, Chapter 21C

(BNA State Solid Waste - Land Use, p. 1206:0203)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any violation of this chapter, 1/ or of any regulation, order, license, or approval made thereunder shall be presumed to constitute irreparable harm to the public health, welfare, safety and to the environment. Such presumption may be rebutted by the introduction of competent evidence. Any person who violates any provision of this chapter, or any regulation, order, license or approval issued or adopted thereunder:

(A) Shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction, or both, for each such violation; or

(C) A person who knowingly violates any provision of section five, shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years, or both, for each such violation. Each day each such violation occurs or continues shall be a separate offense.

STATE : MASSACHUSETTS

FOOTNOTES :

1/ Chapter: Hazardous Waste Management Act.

STATUTE :

Massachusetts Hazardous Waste Laws, Section 10

Massachusetts General Laws, Chapter 21C

(BNA State Solid Waste - Land Use, p. 1206:0205)

REVIEWED ON : March 1993

STATUTORY TEXT :

(a) Except as otherwise provided in this section, (1) the owner or operator of a vessel or a site from or at which there is or has been a release or threat of release of oil or hazardous material; (2) any person who at the time of storage or disposal of any hazardous material owned or operated any site at or upon which such hazardous material was stored or disposed of and from which there is or has been a release or threat of release of hazardous material; (3) any person who by contract, agreement, or otherwise, directly or indirectly, arranged for the transport, disposal, storage or treatment of hazardous material to or in a site or vessel from or at which there is or has been a release or threat of release of hazardous material; (4) any person who, directly or indirectly, transported any hazardous material to transport, disposal, storage or treatment vessels or sites from or at which there is or has been a release or threat of release of such material; and (5) any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material from a vessel or site, shall be liable, without regard to fault, (i) to the commonwealth for all costs of assessment, containment and removal incurred relative to such release or threat of release, (ii) to the commonwealth for all damages for injury to and for destruction or loss of natural resources, including the costs of assessing and evaluating such injury, destruction or loss, incurred or suffered as a result of such release or threat of release, and (iii) to any person for damage to his real or personal property incurred or suffered as a result of such release or threat of release.

STATE : MASSACHUSETTS

STATUTE :

Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Section 5

Massachusetts General Laws, Chapter 21E - Massachusetts Oil and Hazardous Material Release Prevention and Response Act

(BNA State Solid Waste - Land Use, p. 1206:0247)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any owner or operator of a site or vessel, and any person otherwise described in paragraph (a) of section five, as soon as he has knowledge of a release or a threat of release of oil or hazardous material, shall immediately notify the department 1/ thereof. Such notice shall not be required hereunder for any release which conforms to the terms of a currently valid permit or license issued by the department. Such notice shall not be required hereunder for the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act 7 USC Sec. 136 et seq., and under the provisions of chapter one hundred and thirty-two B, 2/ or the handling and storage of such a presticide product by an agricultural producer.

STATE : MASSACHUSETTS

FOOTNOTES :

1/ Department: Department of Environmental Protection.

2/ Chapter 132B: Pesticide Control Act.

STATUTE :

Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Section 7

Massachusetts General Laws, Chapter 21E - Massachusetts Oil and Hazardous Material Release Prevention and Response Act

(BNA State Solid Waste - Land Use, p. 1206:0247)

REVIEWED ON : March 1993

STATUTORY TEXT :

Any violation of this chapter, 1/ or of any regulation adopted or order issued thereunder, shall be presumed to constitute irreparable harm to the public health, safety, welfare or the environment. Such presumption may be rebutted by a preponderance of evidence.

In addition to liability for costs incurred by the commonwealth for the investigation, assessment, containment and removal of a release or a threat of a release of oil or hazardous material, any person who violates any provision of this chapter, or any order or regulation issued or adopted thereunder: (b) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of . correction, or both, for each such violation; or (c) a person violating any provision of section seven shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years, or both, for each such violation. Each day such violation occurs or continues shall be considered a separate violation.

STATE : MASSACHUSETTS

FOOTNOTES :

1/ Chapter: Oil and Hazardous Material Release Prevention and Response Act.

STATUTE :

Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Section 11

Massachusetts General Laws, Chapter 2