75-10-418. Criminal penalties. (1) A person is guilty of an offense under this section if the person knowingly:
(a) transports any hazardous waste to an unpermitted facility;
(b) treats, stores, or disposes of hazardous waste subject to regulation under this part or the rules adopted under this part without a permit or contrary to a material permit condition;
(c) omits material information or makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for compliance with provisions of this part or rules adopted under this part pertaining to the handling of hazardous waste;
(d) generates, stores, treats, transports, disposes of, or otherwise handles any used oil or hazardous waste regulated under this part or rules adopted under this part and knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed in compliance with the provisions of this part, an order issued under this part, or rules adopted under this part; or
(e) transports or causes to be transported without a manifest any hazardous waste required to be accompanied by a manifest.
(2) A person who is guilty of an offense under subsection (1) is subject to a fine of not more than $25,000 per violation or imprisonment for a period not to exceed 3 years, or both. Each day of violation constitutes a separate violation.
(3) A person who knowingly violates any requirement of this part or any rule or material permit condition issued pursuant to this part (except those violations specified in subsection (1)) regarding any hazardous waste that is subject to regulation is guilty of an offense and subject to a fine of up to $5,000 per violation or subject to imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.
(4) Upon a second conviction for a violation of this section, the maximum penalties specified in this section must be doubled.
(5) Action under this section does not bar enforcement of this part, rules made under this part, orders of the department or the board, or permits by injunction or other appropriate remedy.
(6) Money collected under this section, except money collected in a justice's court, must be deposited in the state general fund.
History: En. Sec. 25, Ch. 358, L. 1981; amd. Sec. 45, Ch. 557, L. 1987; amd. Sec. 8, Ch. 386, L. 1989; amd. Sec. 7, Ch. 28, L. 1995.
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