State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_6B

§ 143‑215.6B. Enforcement procedures: criminal penalties.

(a)        For purposes ofthis section, the term "person" shall mean, in addition to thedefinition contained in G.S. 143‑212, any responsible corporate or publicofficer or employee; provided, however, that where a vote of the people isrequired to effectuate the intent and purpose of this Article by a county,city, town, or other political subdivision of the State, and the vote on thereferendum is against the means or machinery for carrying said intent andpurpose into effect, then, and only then, this section shall not apply toelected officials or to any responsible appointed officials or employees ofsuch county, city, town, or political subdivision.

(a1)      For purposes of thissection, the term "Part" includes Part 1A of this Article.

(b)        No proceeding shallbe brought or continued under this section for or on account of a violation byany person who has previously been convicted of a federal violation based uponthe same set of facts.

(c)        In proving thedefendant's possession of actual knowledge, circumstantial evidence may beused, including evidence that the defendant took affirmative steps to shieldhimself from relevant information. Consistent with the principles of commonlaw, the subjective mental state of defendants may be inferred from theirconduct.

(d)        For the purposes ofthe felony provisions of this section, a person's state of mind shall not befound "knowingly and willfully" or "knowingly" if theconduct that is the subject of the prosecution is the result of any of thefollowing occurrences or circumstances:

(1)        A natural disasteror other act of God which could not have been prevented or avoided by theexercise of due care or foresight.

(2)        An act of thirdparties other than agents, employees, contractors, or subcontractors of thedefendant.

(3)        An act done inreliance on the written advice or emergency on‑site direction of anemployee of the Department. In emergencies, oral advice may be relied upon ifwritten confirmation is delivered to the employee as soon as practicable afterreceiving and relying on the advice.

(4)        An act causing nosignificant harm to the environment or risk to the public health, safety, orwelfare and done in compliance with other conflicting environmental requirementsor other constraints imposed in writing by environmental agencies or officialsafter written notice is delivered to all relevant agencies that the conflictexists and will cause a violation of the identified standard.

(5)        Violations of permitlimitations causing no significant harm to the environment or risk to thepublic health, safety, or welfare for which no enforcement action or civilpenalty could have been imposed under any written civil enforcement guidelinesin use by the Department at the time, including but not limited to, guidelinesfor the pretreatment permit civil penalties. This subdivision shall not beconstrued to require the Department to develop or use written civil enforcementguidelines.

(6)        Occasional,inadvertent, short‑term violations of permit limitations causing nosignificant harm to the environment or risk to the public health, safety, orwelfare. If the violation occurs within 30 days of a prior violation or lastsfor more than 24 hours, it is not an occasional, short‑term violation.

(e)        All generaldefenses, affirmative defenses, and bars to prosecution that may apply withrespect to other criminal offenses under State criminal offenses may apply toprosecutions brought under this section or other criminal statutes that refer tothis section and shall be determined by the courts of this State according tothe principles of common law as they may be applied in the light of reason andexperience. Concepts of justification and excuse applicable under this sectionmay be developed in the light of reason and experience.

(f)         Any person whonegligently violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; (iii) term, condition, or requirement of a specialorder or other appropriate document issued pursuant to G.S. 143‑215.2; or(iv) rule of the Commission implementing this Part; and any person whonegligently fails to apply for or to secure a permit required by G.S. 143‑215.1shall be guilty of a Class 2 misdemeanor which may include a fine not to exceedfifteen thousand dollars ($15,000) per day of violation, provided that suchfine shall not exceed a cumulative total of two hundred thousand dollars($200,000) for each period of 30 days during which a violation continues.

(g)        Any person whoknowingly and willfully violates any (i) classification, standard, orlimitation established in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly and willfully fails to apply for or to secure apermit required by G.S. 143‑215.1 shall be guilty of a Class I felony,which may include a fine not to exceed one hundred thousand dollars ($100,000)per day of violation, provided that this fine shall not exceed a cumulativetotal of five hundred thousand dollars ($500,000) for each period of 30 daysduring which a violation continues. For the purposes of this subsection, thephrase "knowingly and willfully" shall mean intentionally andconsciously as the courts of this State, according to the principles of commonlaw interpret the phrase in the light of reason and experience.

(h)       (1)        Anyperson who knowingly violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly fails to apply for or to secure a permit requiredby G.S. 143‑215.1 and who knows at that time that he thereby placesanother person in imminent danger of death or serious bodily injury shall beguilty of a Class C felony, which may include a fine not to exceed two hundredfifty thousand dollars ($250,000) per day of violation, provided that this fineshall not exceed a cumulative total of one million dollars ($1,000,000) foreach period of 30 days during which a violation continues.

(2)        For the purposes ofthis subsection, a person's state of mind is knowing with respect to:

a.         His conduct, if heis aware of the nature of his conduct;

b.         An existingcircumstance, if he is aware or believes that the circumstance exists; or

c.         A result of hisconduct, if he is aware or believes that his conduct is substantially certainto cause danger of death or serious bodily injury.

(3)        Under thissubsection, in determining whether a defendant who is a natural person knewthat his conduct placed another person in imminent danger of death or seriousbodily injury:

a.         The person isresponsible only for actual awareness or actual belief that he possessed; and

b.         Knowledge possessedby a person other than the defendant but not by the defendant himself may notbe attributed to the defendant.

(4)        It is an affirmativedefense to a prosecution under this subsection that the conduct charged wasconduct consented to by the person endangered and that the danger and conductcharged were reasonably foreseeable hazards of an occupation, a business, or aprofession; or of medical treatment or medical or scientific experimentationconducted by professionally approved methods and such other person had beenmade aware of the risks involved prior to giving consent. The defendant mayestablish an affirmative defense under this subdivision by a preponderance ofthe evidence.

(i)         Any person whoknowingly makes any false statement, representation, or certification in anyapplication, record, report, plan, or other document filed or required to bemaintained under this Article or a rule implementing this Article; or whoknowingly makes a false statement of a material fact in a rulemaking proceedingor contested case under this Article; or who falsifies, tampers with, orknowingly renders inaccurate any recording or monitoring device or method requiredto be operated or maintained under this Article or rules of the Commissionimplementing this Article shall be guilty of a Class 2 misdemeanor which mayinclude a fine not to exceed ten thousand dollars ($10,000).

(j)         Repealed bySession Laws 1993, c. 539, s. 1315.

(k)        The Secretary shallrefer to the State Bureau of Investigation for review any discharge of waste byany person or facility in any manner that violates this Article or rulesadopted pursuant to this Article that involves the possible commission of afelony. Upon receipt of a referral under this section, the State Bureau ofInvestigation may conduct an investigation and, if appropriate, refer thematter to the district attorney in whose jurisdiction any criminal offense hasoccurred. This subsection shall not be construed to limit the authority of theSecretary to refer any matter to the State Bureau of Investigation for review. (1951, c. 606; 1967, c. 892,s. 1; 1973, c. 698, s. 12; c. 712, s. 2; c. 1262, s. 23; c. 1331, s. 3; 1975,c. 583, s. 7; c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 633, ss. 9‑11;1981, c. 514, s. 1; c. 585, s. 13; 1987, c. 271; c. 827, ss. 154, 164; 1989, c.426, s. 4; 1989 (Reg. Sess., 1990), c. 1004, s. 48; c. 1045, s. 2; 1991, c.725, s. 4; 1993, c. 539, ss. 1018, 1019, 1313‑1315; 1994, Ex. Sess., c.24, s. 14(c); 1997‑458, s. 11.1; 2007‑536, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_6B

§ 143‑215.6B. Enforcement procedures: criminal penalties.

(a)        For purposes ofthis section, the term "person" shall mean, in addition to thedefinition contained in G.S. 143‑212, any responsible corporate or publicofficer or employee; provided, however, that where a vote of the people isrequired to effectuate the intent and purpose of this Article by a county,city, town, or other political subdivision of the State, and the vote on thereferendum is against the means or machinery for carrying said intent andpurpose into effect, then, and only then, this section shall not apply toelected officials or to any responsible appointed officials or employees ofsuch county, city, town, or political subdivision.

(a1)      For purposes of thissection, the term "Part" includes Part 1A of this Article.

(b)        No proceeding shallbe brought or continued under this section for or on account of a violation byany person who has previously been convicted of a federal violation based uponthe same set of facts.

(c)        In proving thedefendant's possession of actual knowledge, circumstantial evidence may beused, including evidence that the defendant took affirmative steps to shieldhimself from relevant information. Consistent with the principles of commonlaw, the subjective mental state of defendants may be inferred from theirconduct.

(d)        For the purposes ofthe felony provisions of this section, a person's state of mind shall not befound "knowingly and willfully" or "knowingly" if theconduct that is the subject of the prosecution is the result of any of thefollowing occurrences or circumstances:

(1)        A natural disasteror other act of God which could not have been prevented or avoided by theexercise of due care or foresight.

(2)        An act of thirdparties other than agents, employees, contractors, or subcontractors of thedefendant.

(3)        An act done inreliance on the written advice or emergency on‑site direction of anemployee of the Department. In emergencies, oral advice may be relied upon ifwritten confirmation is delivered to the employee as soon as practicable afterreceiving and relying on the advice.

(4)        An act causing nosignificant harm to the environment or risk to the public health, safety, orwelfare and done in compliance with other conflicting environmental requirementsor other constraints imposed in writing by environmental agencies or officialsafter written notice is delivered to all relevant agencies that the conflictexists and will cause a violation of the identified standard.

(5)        Violations of permitlimitations causing no significant harm to the environment or risk to thepublic health, safety, or welfare for which no enforcement action or civilpenalty could have been imposed under any written civil enforcement guidelinesin use by the Department at the time, including but not limited to, guidelinesfor the pretreatment permit civil penalties. This subdivision shall not beconstrued to require the Department to develop or use written civil enforcementguidelines.

(6)        Occasional,inadvertent, short‑term violations of permit limitations causing nosignificant harm to the environment or risk to the public health, safety, orwelfare. If the violation occurs within 30 days of a prior violation or lastsfor more than 24 hours, it is not an occasional, short‑term violation.

(e)        All generaldefenses, affirmative defenses, and bars to prosecution that may apply withrespect to other criminal offenses under State criminal offenses may apply toprosecutions brought under this section or other criminal statutes that refer tothis section and shall be determined by the courts of this State according tothe principles of common law as they may be applied in the light of reason andexperience. Concepts of justification and excuse applicable under this sectionmay be developed in the light of reason and experience.

(f)         Any person whonegligently violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; (iii) term, condition, or requirement of a specialorder or other appropriate document issued pursuant to G.S. 143‑215.2; or(iv) rule of the Commission implementing this Part; and any person whonegligently fails to apply for or to secure a permit required by G.S. 143‑215.1shall be guilty of a Class 2 misdemeanor which may include a fine not to exceedfifteen thousand dollars ($15,000) per day of violation, provided that suchfine shall not exceed a cumulative total of two hundred thousand dollars($200,000) for each period of 30 days during which a violation continues.

(g)        Any person whoknowingly and willfully violates any (i) classification, standard, orlimitation established in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly and willfully fails to apply for or to secure apermit required by G.S. 143‑215.1 shall be guilty of a Class I felony,which may include a fine not to exceed one hundred thousand dollars ($100,000)per day of violation, provided that this fine shall not exceed a cumulativetotal of five hundred thousand dollars ($500,000) for each period of 30 daysduring which a violation continues. For the purposes of this subsection, thephrase "knowingly and willfully" shall mean intentionally andconsciously as the courts of this State, according to the principles of commonlaw interpret the phrase in the light of reason and experience.

(h)       (1)        Anyperson who knowingly violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly fails to apply for or to secure a permit requiredby G.S. 143‑215.1 and who knows at that time that he thereby placesanother person in imminent danger of death or serious bodily injury shall beguilty of a Class C felony, which may include a fine not to exceed two hundredfifty thousand dollars ($250,000) per day of violation, provided that this fineshall not exceed a cumulative total of one million dollars ($1,000,000) foreach period of 30 days during which a violation continues.

(2)        For the purposes ofthis subsection, a person's state of mind is knowing with respect to:

a.         His conduct, if heis aware of the nature of his conduct;

b.         An existingcircumstance, if he is aware or believes that the circumstance exists; or

c.         A result of hisconduct, if he is aware or believes that his conduct is substantially certainto cause danger of death or serious bodily injury.

(3)        Under thissubsection, in determining whether a defendant who is a natural person knewthat his conduct placed another person in imminent danger of death or seriousbodily injury:

a.         The person isresponsible only for actual awareness or actual belief that he possessed; and

b.         Knowledge possessedby a person other than the defendant but not by the defendant himself may notbe attributed to the defendant.

(4)        It is an affirmativedefense to a prosecution under this subsection that the conduct charged wasconduct consented to by the person endangered and that the danger and conductcharged were reasonably foreseeable hazards of an occupation, a business, or aprofession; or of medical treatment or medical or scientific experimentationconducted by professionally approved methods and such other person had beenmade aware of the risks involved prior to giving consent. The defendant mayestablish an affirmative defense under this subdivision by a preponderance ofthe evidence.

(i)         Any person whoknowingly makes any false statement, representation, or certification in anyapplication, record, report, plan, or other document filed or required to bemaintained under this Article or a rule implementing this Article; or whoknowingly makes a false statement of a material fact in a rulemaking proceedingor contested case under this Article; or who falsifies, tampers with, orknowingly renders inaccurate any recording or monitoring device or method requiredto be operated or maintained under this Article or rules of the Commissionimplementing this Article shall be guilty of a Class 2 misdemeanor which mayinclude a fine not to exceed ten thousand dollars ($10,000).

(j)         Repealed bySession Laws 1993, c. 539, s. 1315.

(k)        The Secretary shallrefer to the State Bureau of Investigation for review any discharge of waste byany person or facility in any manner that violates this Article or rulesadopted pursuant to this Article that involves the possible commission of afelony. Upon receipt of a referral under this section, the State Bureau ofInvestigation may conduct an investigation and, if appropriate, refer thematter to the district attorney in whose jurisdiction any criminal offense hasoccurred. This subsection shall not be construed to limit the authority of theSecretary to refer any matter to the State Bureau of Investigation for review. (1951, c. 606; 1967, c. 892,s. 1; 1973, c. 698, s. 12; c. 712, s. 2; c. 1262, s. 23; c. 1331, s. 3; 1975,c. 583, s. 7; c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 633, ss. 9‑11;1981, c. 514, s. 1; c. 585, s. 13; 1987, c. 271; c. 827, ss. 154, 164; 1989, c.426, s. 4; 1989 (Reg. Sess., 1990), c. 1004, s. 48; c. 1045, s. 2; 1991, c.725, s. 4; 1993, c. 539, ss. 1018, 1019, 1313‑1315; 1994, Ex. Sess., c.24, s. 14(c); 1997‑458, s. 11.1; 2007‑536, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-215_6B

§ 143‑215.6B. Enforcement procedures: criminal penalties.

(a)        For purposes ofthis section, the term "person" shall mean, in addition to thedefinition contained in G.S. 143‑212, any responsible corporate or publicofficer or employee; provided, however, that where a vote of the people isrequired to effectuate the intent and purpose of this Article by a county,city, town, or other political subdivision of the State, and the vote on thereferendum is against the means or machinery for carrying said intent andpurpose into effect, then, and only then, this section shall not apply toelected officials or to any responsible appointed officials or employees ofsuch county, city, town, or political subdivision.

(a1)      For purposes of thissection, the term "Part" includes Part 1A of this Article.

(b)        No proceeding shallbe brought or continued under this section for or on account of a violation byany person who has previously been convicted of a federal violation based uponthe same set of facts.

(c)        In proving thedefendant's possession of actual knowledge, circumstantial evidence may beused, including evidence that the defendant took affirmative steps to shieldhimself from relevant information. Consistent with the principles of commonlaw, the subjective mental state of defendants may be inferred from theirconduct.

(d)        For the purposes ofthe felony provisions of this section, a person's state of mind shall not befound "knowingly and willfully" or "knowingly" if theconduct that is the subject of the prosecution is the result of any of thefollowing occurrences or circumstances:

(1)        A natural disasteror other act of God which could not have been prevented or avoided by theexercise of due care or foresight.

(2)        An act of thirdparties other than agents, employees, contractors, or subcontractors of thedefendant.

(3)        An act done inreliance on the written advice or emergency on‑site direction of anemployee of the Department. In emergencies, oral advice may be relied upon ifwritten confirmation is delivered to the employee as soon as practicable afterreceiving and relying on the advice.

(4)        An act causing nosignificant harm to the environment or risk to the public health, safety, orwelfare and done in compliance with other conflicting environmental requirementsor other constraints imposed in writing by environmental agencies or officialsafter written notice is delivered to all relevant agencies that the conflictexists and will cause a violation of the identified standard.

(5)        Violations of permitlimitations causing no significant harm to the environment or risk to thepublic health, safety, or welfare for which no enforcement action or civilpenalty could have been imposed under any written civil enforcement guidelinesin use by the Department at the time, including but not limited to, guidelinesfor the pretreatment permit civil penalties. This subdivision shall not beconstrued to require the Department to develop or use written civil enforcementguidelines.

(6)        Occasional,inadvertent, short‑term violations of permit limitations causing nosignificant harm to the environment or risk to the public health, safety, orwelfare. If the violation occurs within 30 days of a prior violation or lastsfor more than 24 hours, it is not an occasional, short‑term violation.

(e)        All generaldefenses, affirmative defenses, and bars to prosecution that may apply withrespect to other criminal offenses under State criminal offenses may apply toprosecutions brought under this section or other criminal statutes that refer tothis section and shall be determined by the courts of this State according tothe principles of common law as they may be applied in the light of reason andexperience. Concepts of justification and excuse applicable under this sectionmay be developed in the light of reason and experience.

(f)         Any person whonegligently violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; (iii) term, condition, or requirement of a specialorder or other appropriate document issued pursuant to G.S. 143‑215.2; or(iv) rule of the Commission implementing this Part; and any person whonegligently fails to apply for or to secure a permit required by G.S. 143‑215.1shall be guilty of a Class 2 misdemeanor which may include a fine not to exceedfifteen thousand dollars ($15,000) per day of violation, provided that suchfine shall not exceed a cumulative total of two hundred thousand dollars($200,000) for each period of 30 days during which a violation continues.

(g)        Any person whoknowingly and willfully violates any (i) classification, standard, orlimitation established in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, or 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly and willfully fails to apply for or to secure apermit required by G.S. 143‑215.1 shall be guilty of a Class I felony,which may include a fine not to exceed one hundred thousand dollars ($100,000)per day of violation, provided that this fine shall not exceed a cumulativetotal of five hundred thousand dollars ($500,000) for each period of 30 daysduring which a violation continues. For the purposes of this subsection, thephrase "knowingly and willfully" shall mean intentionally andconsciously as the courts of this State, according to the principles of commonlaw interpret the phrase in the light of reason and experience.

(h)       (1)        Anyperson who knowingly violates any: (i) classification, standard, or limitationestablished in rules adopted by the Commission pursuant to G.S. 143‑214.1,143‑214.2, 143‑215; (ii) term, condition, or requirement of apermit issued pursuant to this Part, including permits issued pursuant to G.S.143‑215.1, pretreatment permits issued by local governments, andlaboratory certifications; or (iii) term, condition, or requirement of aspecial order or other appropriate document issued pursuant to G.S. 143‑215.2;and any person who knowingly fails to apply for or to secure a permit requiredby G.S. 143‑215.1 and who knows at that time that he thereby placesanother person in imminent danger of death or serious bodily injury shall beguilty of a Class C felony, which may include a fine not to exceed two hundredfifty thousand dollars ($250,000) per day of violation, provided that this fineshall not exceed a cumulative total of one million dollars ($1,000,000) foreach period of 30 days during which a violation continues.

(2)        For the purposes ofthis subsection, a person's state of mind is knowing with respect to:

a.         His conduct, if heis aware of the nature of his conduct;

b.         An existingcircumstance, if he is aware or believes that the circumstance exists; or

c.         A result of hisconduct, if he is aware or believes that his conduct is substantially certainto cause danger of death or serious bodily injury.

(3)        Under thissubsection, in determining whether a defendant who is a natural person knewthat his conduct placed another person in imminent danger of death or seriousbodily injury:

a.         The person isresponsible only for actual awareness or actual belief that he possessed; and

b.         Knowledge possessedby a person other than the defendant but not by the defendant himself may notbe attributed to the defendant.

(4)        It is an affirmativedefense to a prosecution under this subsection that the conduct charged wasconduct consented to by the person endangered and that the danger and conductcharged were reasonably foreseeable hazards of an occupation, a business, or aprofession; or of medical treatment or medical or scientific experimentationconducted by professionally approved methods and such other person had beenmade aware of the risks involved prior to giving consent. The defendant mayestablish an affirmative defense under this subdivision by a preponderance ofthe evidence.

(i)         Any person whoknowingly makes any false statement, representation, or certification in anyapplication, record, report, plan, or other document filed or required to bemaintained under this Article or a rule implementing this Article; or whoknowingly makes a false statement of a material fact in a rulemaking proceedingor contested case under this Article; or who falsifies, tampers with, orknowingly renders inaccurate any recording or monitoring device or method requiredto be operated or maintained under this Article or rules of the Commissionimplementing this Article shall be guilty of a Class 2 misdemeanor which mayinclude a fine not to exceed ten thousand dollars ($10,000).

(j)         Repealed bySession Laws 1993, c. 539, s. 1315.

(k)        The Secretary shallrefer to the State Bureau of Investigation for review any discharge of waste byany person or facility in any manner that violates this Article or rulesadopted pursuant to this Article that involves the possible commission of afelony. Upon receipt of a referral under this section, the State Bureau ofInvestigation may conduct an investigation and, if appropriate, refer thematter to the district attorney in whose jurisdiction any criminal offense hasoccurred. This subsection shall not be construed to limit the authority of theSecretary to refer any matter to the State Bureau of Investigation for review. (1951, c. 606; 1967, c. 892,s. 1; 1973, c. 698, s. 12; c. 712, s. 2; c. 1262, s. 23; c. 1331, s. 3; 1975,c. 583, s. 7; c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 633, ss. 9‑11;1981, c. 514, s. 1; c. 585, s. 13; 1987, c. 271; c. 827, ss. 154, 164; 1989, c.426, s. 4; 1989 (Reg. Sess., 1990), c. 1004, s. 48; c. 1045, s. 2; 1991, c.725, s. 4; 1993, c. 539, ss. 1018, 1019, 1313‑1315; 1994, Ex. Sess., c.24, s. 14(c); 1997‑458, s. 11.1; 2007‑536, s. 4.)