Criminal penalty
In General.—
A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
Knowing Violations.—
For purposes of this section—
a person acts knowingly when—
the person has actual knowledge of the facts giving rise to the violation; or
a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
Willful Violations.—
For purposes of this section, a person acts willfully when—
the person has knowledge of the facts giving rise to the violation; and
the person has knowledge that the conduct was unlawful.
Reckless Violations.—
For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.
Source
(Pub. L. 103–272, § 1(d),Notes
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5124 | 49 App.:1809(b). | Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259. |