1.A person who knowingly violates any provision of this subchapter II, any permit, rule,
standard, or order issued under this subchapter II, or any condition or limitation included
in any permit issued under this subchapter II is guilty of an aggravated misdemeanor. A
convictionforaviolationispunishablebyafineofnotmorethantenthousanddollarsforeach
day of violation or by imprisonment for not more than two years, or both. If the conviction is
for a second or subsequent violation committed by a person under this section, however, the
conviction is punishable by a fine of not more than twenty thousand dollars for each day of
violation or by imprisonment for not more than four years, or by both.
2.
a.A person who knowingly makes any false statement, representation, or certification
of any app
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1. A person who knowingly violates any provision of this subchapter II, any permit, rule,
standard, or order issued under this subchapter II, or any condition or limitation included
in any permit issued under this subchapter II is guilty of an aggravated misdemeanor. A
convictionforaviolationispunishablebyafineofnotmorethantenthousanddollarsforeach
day of violation or by imprisonment for not more than two years, or both. If the conviction is
for a second or subsequent violation committed by a person under this section, however, the
conviction is punishable by a fine of not more than twenty thousand dollars for each day of
violation or by imprisonment for not more than four years, or by both.
2. a. A person who knowingly makes any false statement, representation, or certification
of any application, record, report, plan, or other document filed or required to be
maintained under this subchapter II, or by any permit, rule, standard, or order issued under
this subchapter II, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained under this subchapter II, or by any
permit, rule, standard, or order issued under this subchapter II, or who knowingly fails to
notify or report as required by this subchapter II, or by any permit, rule, standard, or order
issued under this subchapter II, or by any condition or limitation included in any permit
issued under this subchapter II, is guilty of an aggravated misdemeanor punishable by a
fine of not more than ten thousand dollars per day per violation or by imprisonment for not
more than one year, or by both. If the conviction is for a second or subsequent violation
committed by a person under this paragraph, however, the conviction is punishable by a fine
of not more than twenty thousand dollars for each day of violation or by imprisonment for
not more than two years, or by both.
b. A person who knowingly fails to pay any fee owed the state under any provision of
this subchapter II, or any permit, rule, standard, or order issued under this subchapter II,
is guilty of an aggravated misdemeanor punishable by a fine of not more than ten thousand
dollars per day per violation or by imprisonment for not more than six months, or by both.
If the conviction is for a second or subsequent violation under this paragraph, however, the
conviction is punishable by a fine of not more than twenty thousand dollars for each day of
violation or by imprisonment for not more than one year, or by both.
3. A person who negligently releases into the ambient air any hazardous air pollutant
or extremely hazardous substance, and who at the time negligently places another person
in imminent danger of death or serious bodily injury shall, upon conviction, be punished
§455B.146A, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 28
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 by both. If the conviction is for a second or
subsequent negligent violation committed by a person under this section, however, 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 by both.
4. a. Apersonwhoknowinglyreleasesintotheambientairanyhazardousairpollutantor
extremely hazardous substance, and who knows at the time that the conduct places another
person in imminent danger of death or serious bodily injury shall, upon conviction, if the
person committing the violation is an individual or a government entity, be punished by a
fine of not more than fifty thousand dollars per violation or by imprisonment for not more
than two years, or by both. However, if the person committing the violation is other than an
individual or a government entity, upon conviction the person shall be punished by a fine of
notmorethanonemilliondollarsperviolation. Iftheconvictionisforasecondorsubsequent
violation under this paragraph, the conviction is punishable by a fine or imprisonment, or
both, as consistent with federal law.
b. Indeterminingwhetheradefendantwhoisanindividualknewthattheviolationplaced
anotherpersoninimminentdangerofdeathorseriousbodilyinjurythefollowingshallapply:
(1) The defendant is deemed to have knowledge only if the defendant possessed actual
awareness or held an actual belief.
(2) Knowledge possessed by a person other than the defendant, and not by the defendant
personally, is not attributable to the defendant. In establishing a defendant’s possession
of actual knowledge, circumstantial evidence may be used, including evidence that the
defendant took affirmative action to be shielded from relevant information.
c. It is an affirmative defense that the conduct was freely consented to by the person
endangered and that the danger and conduct were reasonably foreseeable hazards of either
of the following:
(1) An occupation, a business, or a profession.
(2) Medical treatment or medical or scientific experimentation conducted by
professionally approved methods if the person was made aware of the risks involved prior
to providing consent. An affirmative defense under this subparagraph shall be established
by a preponderance of the evidence.
d. All general defenses, affirmative defenses, and bars to prosecution that are applicable
with respect to other criminal offenses apply under paragraph “a”. All defenses and bars to
prosecution shall be determined by the courts in accordance with the principles of common
law as interpreted, taking into consideration the elements of reason and experience. The
concepts of justification and legal excuse, as applicable, may be developed, taking into
consideration the elements of reason and experience.
e. As used in this subsection, “serious bodily injury” means bodily injury which involves
a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily member, organ,
or mental faculty.
5. a. Notwithstanding this section, a source required to obtain a permit for construction
or modification of a source prior to the date on which the state received delegation of the
federal operating permit program which failed to timely file for the permit is subject to the
civil penalty for noncompliance in effect at the time.
b. This subsection does not provide an exception from application of the penalties
established under this section for failure of a person to file a timely and complete application
for a federal construction permit.
c. This subsection does not provide an exception from application of the penalties
established in this section for a person who does not file a timely and complete application
for a required permit once notified, in writing, by the department of the noncompliance.
A person who does not comply following notification of noncompliance is subject to the
criminal penalties established under this section.