(a) the person is responsible only for actual awareness or actual belief that he possessed; and

(b) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant. 6. For purposes of subdivisions three, four and five 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. 7. Any person who, with intent to deceive, makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to title 7 or 8 of article 17 of this chapter or who intentionally falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained pursuant to title 7 or 8 or article 17 of this chapter shall be guilty of a class E felony. 8. a. When a person is convicted of a crime under the provisions of this section, the sentence of the court shall be as follows: i. A fine, as set forth in paragraph b of this subdivision; ii. A sentence of imprisonment, as set forth in paragraph c of this subdivision; or iii. Any combination of such fine or imprisonment. b. Fines. A sentence to pay a fine shall be a sentence to pay an amount fixed by the court, not exceeding: i. $750,000 for a class C felony committed by an organization as defined in section 71-1932 of this title; ii. $375,000 for a class C felony; iii. $75,000 per day of continuing violation for a class E felony defined under subdivision four of this section but in no event less than $7,500; and $15,000 for a class E felony defined under subdivision seven of this section; iv. $37,500 per day of continuing violation for a class A misdemeanor but in no event less than $3,750. c. Imprisonment. A sentence of imprisonment shall be a sentence of imprisonment authorized by article seventy of the penal law. 9. All prosecutions under this section shall be instituted by the department or the commissioner and shall be conducted by the Attorney General in the name of the people of the state of New York. 10. In the prosecution of any criminal proceeding under this section by the Attorney General and, in any proceeding before a grand jury in connection therewith, the Attorney General shall exercise all the powers and perform all the duties which the District Attorney would otherwise be authorized or required to exercise or perform, and in such a proceeding the District Attorney shall exercise such powers and perform such duties as are requested of him by the Attorney General.