71-2712 - Endangering public health, safety or the environment in the third degree.

§ 71-2712. Endangering  public  health, safety or the environment in the third degree. A person is  guilty  of  endangering  public  health,  safety  or  the  environment in the third degree when: 1.  He  recklessly  engages  in  conduct which causes the release of a  substance acutely hazardous to public health, safety or the environment;  or 2. He recklessly engages in conduct which causes the release  of  more  than  two  hundred gallons or two thousand pounds, whichever is less, of  an aggregate weight or volume of a substance hazardous to public health,  safety or the environment; or 3. He recklessly engages in conduct which causes the release  of  more  than  one  hundred gallons or one thousand pounds, whichever is less, of  an aggregate weight or volume of a substance hazardous to public health,  safety or the environment  and such release creates a  substantial  risk  of  physical injury to any person who is not a participant in the crime;  or 4. He knowingly engages in conduct which causes the  release  of  more  than  one  hundred gallons or one thousand pounds, whichever is less, of  an aggregate weight or volume of a substance hazardous to public health,  safety or the environment. Endangering public health, safety or  the  environment  in  the  third  degree is a class E felony.