§ 71-2713 — Endangering public health, safety or the environment in the second degree

§ 71-2713. Endangering public health, safety or the environment in the\n second degree.\n A person is guilty of endangering public health, safety or the\nenvironment in the second degree when:\n 1. He knowingly engages in conduct which causes the release of a\nsubstance hazardous to public health, safety or the environment and such\nrelease causes physical injury to any person who is not a participant in\nthe crime; or\n 2. He knowingly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment\nor the release of a substance which at the time of the conduct he knows\nto meet any of the criteria set forth in paragraph (b) of subdivision\none of section 37-0103 of this chapter; or\n 3. He knowingly engages in conduct which causes the release of more\nthan one thousand five hundred gallons or fifteen thousand pounds,\nwhichever is less, of an aggregate weight or volume of a substance\nhazardous to public health, safety or the environment; or\n 4. He recklessly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment\nand such release causes physical injury to any person who is not a\nparticipant in the crime; or\n 5. He knowingly engages in conduct which causes the release of more\nthan one hundred gallons or one thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment and such substance enters water; or\n 6. He or she knowingly or recklessly engages in conduct which causes\nthe release of a substance hazardous to public health, safety or the\nenvironment and such substance enters a primary water supply; or\n 7. With intent to dispose of construction and demolition debris, he or\nshe intentionally engages in conduct that causes the unlawful disposal\nor release of either seventy cubic yards or more, or one hundred forty\nthousand pounds or more, of construction and demolition debris, as\ndefined in section 71-2702 of this title; or\n 8. With intent to dispose of a hazardous substance on the property of\nanother he or she intentionally engages in conduct that causes the\nunlawful disposal or release of a hazardous substance; or\n 9. He or she recklessly disposes of any acutely hazardous substance on\nany property.\n Endangering public health, safety or the environment in the second\ndegree is a class D felony.\n