(a) Any person who negligently commits any of the offenses setout in subdivisions (1) through (9) of G.S. 143‑215.94W(a) shall beguilty of a Class 2 misdemeanor which may include a fine not to exceed fifteenthousand dollars ($15,000) per day of violation, provided that such fine shallnot exceed a cumulative total of two hundred thousand dollars ($200,000) foreach period of 30 days during which a violation continues.
(b) Any person who knowingly and willfully commits any of theoffenses set out in subdivisions (1) through (5) of G.S. 143‑215.94W(a)shall be guilty of a Class I felony, which may include a fine not to exceed onehundred thousand dollars ($100,000) per day of violation, provided that thisfine shall not exceed a cumulative total of five hundred thousand dollars($500,000) for each period of 30 days during which a violation continues. Forthe purposes of this subsection, the phrase "knowingly and willfully"shall mean intentionally and consciously as the courts of this State, accordingto the principles of common law interpret the phrase in the light of reason andexperience.
(c) (1) Anyperson who knowingly commits any of the offenses set out in subdivisions (1)through (5) of G.S. 143‑215.94W(a) and who knows at that time that hethereby places another person in imminent danger of death or serious bodilyinjury shall be guilty of a Class C felony, which may include a fine not toexceed two hundred fifty thousand dollars ($250,000) per day of violation,provided that this fine shall not exceed a cumulative total of one milliondollars ($1,000,000) for each period of 30 days during which a violationcontinues.
(2) For the purposes of this subsection, a person's state ofmind is knowing with respect to:
a. His conduct, if he is aware of the nature of his conduct;
b. An existing circumstance, if he is aware or believes thatthe circumstance exists; or
c. A result of his conduct, if he is aware or believes that hisconduct is substantially certain to cause danger of death or serious bodilyinjury.
(3) Under this subsection, in determining whether a defendantwho is a natural person knew that his conduct placed another person in imminentdanger of death or serious bodily injury:
a. The person is responsible only for actual awareness oractual belief that he possessed; and
b. Knowledge possessed by a person other than the defendant butnot by the defendant himself may not be attributed to the defendant.
(4) It is an affirmative defense to a prosecution under thissubsection that the conduct charged was conduct consented to by the personendangered and that the danger and conduct charged were reasonably foreseeablehazards of an occupation, a business, or a profession; or of medical treatmentor medical or scientific experimentation conducted by professionally approvedmethods and such other person had been made aware of the risks involved priorto giving consent. The defendant may establish an affirmative defense underthis subdivision by a preponderance of the evidence.
(d) No proceeding shall be brought or continued under thissection for or on account of a violation by any person who has previously beenconvicted of a federal violation based upon the same set of facts.
(e) In proving the defendant's possession of actual knowledge,circumstantial evidence may be used, including evidence that the defendant tookaffirmative steps to shield himself from relevant information. Consistent withthe principles of common law, the subjective mental state of defendants may beinferred from their conduct.
(f) For the purposes of the felony provisions of this section,a person's state of mind shall not be found "knowingly and willfully"or "knowingly" if the conduct that is the subject of the prosecutionis the result of any of the following occurrences or circumstances:
(1) A natural disaster or other act of God which could not havebeen prevented or avoided by the exercise of due care or foresight.
(2) An act of third parties other than agents, employees, contractors,or subcontractors of the defendant.
(3) An act done in reliance on the written advice or emergencyon‑site direction of an employee of the Department. In emergencies, oraladvice may be relied upon if written confirmation is delivered to the employeeas soon as practicable after receiving and relying on the advice.
(4) An act causing no significant harm to the environment orrisk to the public health, safety, or welfare and done in compliance with otherconflicting environmental requirements or other constraints imposed in writingby environmental agencies or officials after written notice is delivered to allrelevant agencies that the conflict exists and will cause a violation of theidentified standard.
(5) Violations causing no significant harm to the environment orrisk to the public health, safety, or welfare for which no enforcement actionor civil penalty could have been imposed under any written civil enforcementguidelines in use by the Department at the time. This subdivision shall not be construedto require the Department to develop or use written civil enforcementguidelines.
(6) Occasional, inadvertent, short‑term violations causingno significant 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.
(g) All general defenses, affirmative defenses, and bars toprosecution that may apply with respect to other criminal offenses under Statecriminal offenses may apply to prosecutions brought under this section or othercriminal statutes that refer to this section and shall be determined by thecourts of this State according to the principles of common law as they may beapplied in the light of reason and experience. Concepts of justification andexcuse applicable under this section may be developed in the light of reasonand experience. (1995, c. 377, s.3.)
(a) Any person who negligently commits any of the offenses setout in subdivisions (1) through (9) of G.S. 143‑215.94W(a) shall beguilty of a Class 2 misdemeanor which may include a fine not to exceed fifteenthousand dollars ($15,000) per day of violation, provided that such fine shallnot exceed a cumulative total of two hundred thousand dollars ($200,000) foreach period of 30 days during which a violation continues.
(b) Any person who knowingly and willfully commits any of theoffenses set out in subdivisions (1) through (5) of G.S. 143‑215.94W(a)shall be guilty of a Class I felony, which may include a fine not to exceed onehundred thousand dollars ($100,000) per day of violation, provided that thisfine shall not exceed a cumulative total of five hundred thousand dollars($500,000) for each period of 30 days during which a violation continues. Forthe purposes of this subsection, the phrase "knowingly and willfully"shall mean intentionally and consciously as the courts of this State, accordingto the principles of common law interpret the phrase in the light of reason andexperience.
(c) (1) Anyperson who knowingly commits any of the offenses set out in subdivisions (1)through (5) of G.S. 143‑215.94W(a) and who knows at that time that hethereby places another person in imminent danger of death or serious bodilyinjury shall be guilty of a Class C felony, which may include a fine not toexceed two hundred fifty thousand dollars ($250,000) per day of violation,provided that this fine shall not exceed a cumulative total of one milliondollars ($1,000,000) for each period of 30 days during which a violationcontinues.
(2) For the purposes of this subsection, a person's state ofmind is knowing with respect to:
a. His conduct, if he is aware of the nature of his conduct;
b. An existing circumstance, if he is aware or believes thatthe circumstance exists; or
c. A result of his conduct, if he is aware or believes that hisconduct is substantially certain to cause danger of death or serious bodilyinjury.
(3) Under this subsection, in determining whether a defendantwho is a natural person knew that his conduct placed another person in imminentdanger of death or serious bodily injury:
a. The person is responsible only for actual awareness oractual belief that he possessed; and
b. Knowledge possessed by a person other than the defendant butnot by the defendant himself may not be attributed to the defendant.
(4) It is an affirmative defense to a prosecution under thissubsection that the conduct charged was conduct consented to by the personendangered and that the danger and conduct charged were reasonably foreseeablehazards of an occupation, a business, or a profession; or of medical treatmentor medical or scientific experimentation conducted by professionally approvedmethods and such other person had been made aware of the risks involved priorto giving consent. The defendant may establish an affirmative defense underthis subdivision by a preponderance of the evidence.
(d) No proceeding shall be brought or continued under thissection for or on account of a violation by any person who has previously beenconvicted of a federal violation based upon the same set of facts.
(e) In proving the defendant's possession of actual knowledge,circumstantial evidence may be used, including evidence that the defendant tookaffirmative steps to shield himself from relevant information. Consistent withthe principles of common law, the subjective mental state of defendants may beinferred from their conduct.
(f) For the purposes of the felony provisions of this section,a person's state of mind shall not be found "knowingly and willfully"or "knowingly" if the conduct that is the subject of the prosecutionis the result of any of the following occurrences or circumstances:
(1) A natural disaster or other act of God which could not havebeen prevented or avoided by the exercise of due care or foresight.
(2) An act of third parties other than agents, employees, contractors,or subcontractors of the defendant.
(3) An act done in reliance on the written advice or emergencyon‑site direction of an employee of the Department. In emergencies, oraladvice may be relied upon if written confirmation is delivered to the employeeas soon as practicable after receiving and relying on the advice.
(4) An act causing no significant harm to the environment orrisk to the public health, safety, or welfare and done in compliance with otherconflicting environmental requirements or other constraints imposed in writingby environmental agencies or officials after written notice is delivered to allrelevant agencies that the conflict exists and will cause a violation of theidentified standard.
(5) Violations causing no significant harm to the environment orrisk to the public health, safety, or welfare for which no enforcement actionor civil penalty could have been imposed under any written civil enforcementguidelines in use by the Department at the time. This subdivision shall not be construedto require the Department to develop or use written civil enforcementguidelines.
(6) Occasional, inadvertent, short‑term violations causingno significant 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.
(g) All general defenses, affirmative defenses, and bars toprosecution that may apply with respect to other criminal offenses under Statecriminal offenses may apply to prosecutions brought under this section or othercriminal statutes that refer to this section and shall be determined by thecourts of this State according to the principles of common law as they may beapplied in the light of reason and experience. Concepts of justification andexcuse applicable under this section may be developed in the light of reasonand experience. (1995, c. 377, s.3.)
(a) Any person who negligently commits any of the offenses setout in subdivisions (1) through (9) of G.S. 143‑215.94W(a) shall beguilty of a Class 2 misdemeanor which may include a fine not to exceed fifteenthousand dollars ($15,000) per day of violation, provided that such fine shallnot exceed a cumulative total of two hundred thousand dollars ($200,000) foreach period of 30 days during which a violation continues.
(b) Any person who knowingly and willfully commits any of theoffenses set out in subdivisions (1) through (5) of G.S. 143‑215.94W(a)shall be guilty of a Class I felony, which may include a fine not to exceed onehundred thousand dollars ($100,000) per day of violation, provided that thisfine shall not exceed a cumulative total of five hundred thousand dollars($500,000) for each period of 30 days during which a violation continues. Forthe purposes of this subsection, the phrase "knowingly and willfully"shall mean intentionally and consciously as the courts of this State, accordingto the principles of common law interpret the phrase in the light of reason andexperience.
(c) (1) Anyperson who knowingly commits any of the offenses set out in subdivisions (1)through (5) of G.S. 143‑215.94W(a) and who knows at that time that hethereby places another person in imminent danger of death or serious bodilyinjury shall be guilty of a Class C felony, which may include a fine not toexceed two hundred fifty thousand dollars ($250,000) per day of violation,provided that this fine shall not exceed a cumulative total of one milliondollars ($1,000,000) for each period of 30 days during which a violationcontinues.
(2) For the purposes of this subsection, a person's state ofmind is knowing with respect to:
a. His conduct, if he is aware of the nature of his conduct;
b. An existing circumstance, if he is aware or believes thatthe circumstance exists; or
c. A result of his conduct, if he is aware or believes that hisconduct is substantially certain to cause danger of death or serious bodilyinjury.
(3) Under this subsection, in determining whether a defendantwho is a natural person knew that his conduct placed another person in imminentdanger of death or serious bodily injury:
a. The person is responsible only for actual awareness oractual belief that he possessed; and
b. Knowledge possessed by a person other than the defendant butnot by the defendant himself may not be attributed to the defendant.
(4) It is an affirmative defense to a prosecution under thissubsection that the conduct charged was conduct consented to by the personendangered and that the danger and conduct charged were reasonably foreseeablehazards of an occupation, a business, or a profession; or of medical treatmentor medical or scientific experimentation conducted by professionally approvedmethods and such other person had been made aware of the risks involved priorto giving consent. The defendant may establish an affirmative defense underthis subdivision by a preponderance of the evidence.
(d) No proceeding shall be brought or continued under thissection for or on account of a violation by any person who has previously beenconvicted of a federal violation based upon the same set of facts.
(e) In proving the defendant's possession of actual knowledge,circumstantial evidence may be used, including evidence that the defendant tookaffirmative steps to shield himself from relevant information. Consistent withthe principles of common law, the subjective mental state of defendants may beinferred from their conduct.
(f) For the purposes of the felony provisions of this section,a person's state of mind shall not be found "knowingly and willfully"or "knowingly" if the conduct that is the subject of the prosecutionis the result of any of the following occurrences or circumstances:
(1) A natural disaster or other act of God which could not havebeen prevented or avoided by the exercise of due care or foresight.
(2) An act of third parties other than agents, employees, contractors,or subcontractors of the defendant.
(3) An act done in reliance on the written advice or emergencyon‑site direction of an employee of the Department. In emergencies, oraladvice may be relied upon if written confirmation is delivered to the employeeas soon as practicable after receiving and relying on the advice.
(4) An act causing no significant harm to the environment orrisk to the public health, safety, or welfare and done in compliance with otherconflicting environmental requirements or other constraints imposed in writingby environmental agencies or officials after written notice is delivered to allrelevant agencies that the conflict exists and will cause a violation of theidentified standard.
(5) Violations causing no significant harm to the environment orrisk to the public health, safety, or welfare for which no enforcement actionor civil penalty could have been imposed under any written civil enforcementguidelines in use by the Department at the time. This subdivision shall not be construedto require the Department to develop or use written civil enforcementguidelines.
(6) Occasional, inadvertent, short‑term violations causingno significant 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.
(g) All general defenses, affirmative defenses, and bars toprosecution that may apply with respect to other criminal offenses under Statecriminal offenses may apply to prosecutions brought under this section or othercriminal statutes that refer to this section and shall be determined by thecourts of this State according to the principles of common law as they may beapplied in the light of reason and experience. Concepts of justification andexcuse applicable under this section may be developed in the light of reasonand experience. (1995, c. 377, s.3.)
