(a) The definition of"person" set out in G.S. 130A‑290 shall apply to this section.In addition, for purposes of this section, the term "person" shallalso include any responsible corporate or public officer or employee.
(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 of Environment and Natural Resources. Inemergencies, oral advice may be relied upon if written confirmation isdelivered to the employee as soon as practicable after receiving and relying onthe 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 environmentalrequirements or other constraints imposed in writing by environmental agenciesor officials after written notice is delivered to all relevant agencies thatthe conflict exists 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 of Environment and Natural Resources at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department ofEnvironment and Natural Resources to develop or use written civil enforcementguidelines.
(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 referto this section and shall be determined by the courts of this State accordingto the principles of common law as they may be applied in the light of reasonand experience. Concepts of justification and excuse applicable under thissection may be developed in the light of reason and experience.
(f) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, 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 acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported any hazardous waste identified or listed under G.S. 130A‑294(c)to a facility which does not have a permit or interim status under G.S. 130A‑294(c)or 42 U.S.C. § 6921, et seq.
(2) Transports or causesto be transported such hazardous waste with the intent of delivery to a facilitywithout a permit.
(3) Treats, stores, ordisposes of such hazardous waste without a permit or interim status under G.S.130A‑294(c) or 42 U.S.C. § 6921, et seq., or in knowing violation of anymaterial condition or requirement or such permit or applicable interim statusrules.
(g) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, which may include a fine not to exceed one hundred thousand dollars($100,000) per day of violation, provided that the fine shall not exceed acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported hazardous waste without a manifest as required under G.S.130A‑294(c).
(2) Transports hazardouswaste without a United States Environmental Protection Agency identificationnumber as required by rules promulgated under G.S. 130A‑294(c).
(3) Omits materialinformation or makes any false material statement or representation in anyapplication, label, manifest, record, report, permit, or other document filed,maintained, or used for purposes of compliance with rules promulgated underG.S. 130A‑294(c).
(4) Generates, stores,treats, transports, disposes of, exports, or otherwise handles any hazardouswaste or any used oil burned for energy recovery and who knowingly destroys,alters, conceals, or fails to file any record, application, manifest, report,or other document required to be maintained or filed for purposes of compliancewith rules promulgated under G.S. 130A‑294(c).
(5) Provides falseinformation or fails to provide information relevant to a decision by theDepartment as to whether or not to enter into a brownfields agreement underPart 5 of Article 9 of this Chapter.
(6) Provides falseinformation or fails to provide information required by a brownfields agreementunder Part 5 of Article 9 of this Chapter.
(7) Provides falseinformation relevant to a decision by the Department pursuant to:
a. G.S. 130A‑308(b).
b. G.S. 130A‑310.7(c).
c. G.S. 143‑215.3(f).
d. G.S. 143‑215.84(e).
(h) For the purposes ofsubsections (f) and (g) of this section, the phrase "knowingly andwillfully" shall mean intentionally and consciously as the courts of thisState, according to the principles of common law interpret the phrase in thelight of reason and experience.
(i) (1) Anyperson who knowingly transports, treats, stores, disposes of, or exports anyhazardous waste or used oil regulated under G.S. 130A‑294(c) in violationof subsection (f) or (g) of this section, who knows at the time that he therebyplaces another person in imminent danger of death or personal bodily injuryshall be guilty of a Class C felony which may include a fine not to exceed twohundred fifty thousand dollars ($250,000) per day of violation, provided thatthis fine shall not exceed a cumulative total of one million dollars($1,000,000) for each 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.
(j) Any personconvicted of an offense under subsection (f), (g), or (h) of this sectionfollowing a previous conviction under this section shall be subject to a fine,or imprisonment, or both, not exceeding twice the amount of the fine, or twicethe term of imprisonment provided in the subsection under which the second orsubsequent conviction occurs. (1989 (Reg. Sess., 1990), c.1045, s. 9; 1993, c. 539, ss. 1303‑1305; 1994, Ex. Sess., c. 24, s.14(c); 1997‑357, s. 3; 1997‑443, s. 11A.67.)
(a) The definition of"person" set out in G.S. 130A‑290 shall apply to this section.In addition, for purposes of this section, the term "person" shallalso include any responsible corporate or public officer or employee.
(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 of Environment and Natural Resources. Inemergencies, oral advice may be relied upon if written confirmation isdelivered to the employee as soon as practicable after receiving and relying onthe 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 environmentalrequirements or other constraints imposed in writing by environmental agenciesor officials after written notice is delivered to all relevant agencies thatthe conflict exists 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 of Environment and Natural Resources at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department ofEnvironment and Natural Resources to develop or use written civil enforcementguidelines.
(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 referto this section and shall be determined by the courts of this State accordingto the principles of common law as they may be applied in the light of reasonand experience. Concepts of justification and excuse applicable under thissection may be developed in the light of reason and experience.
(f) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, 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 acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported any hazardous waste identified or listed under G.S. 130A‑294(c)to a facility which does not have a permit or interim status under G.S. 130A‑294(c)or 42 U.S.C. § 6921, et seq.
(2) Transports or causesto be transported such hazardous waste with the intent of delivery to a facilitywithout a permit.
(3) Treats, stores, ordisposes of such hazardous waste without a permit or interim status under G.S.130A‑294(c) or 42 U.S.C. § 6921, et seq., or in knowing violation of anymaterial condition or requirement or such permit or applicable interim statusrules.
(g) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, which may include a fine not to exceed one hundred thousand dollars($100,000) per day of violation, provided that the fine shall not exceed acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported hazardous waste without a manifest as required under G.S.130A‑294(c).
(2) Transports hazardouswaste without a United States Environmental Protection Agency identificationnumber as required by rules promulgated under G.S. 130A‑294(c).
(3) Omits materialinformation or makes any false material statement or representation in anyapplication, label, manifest, record, report, permit, or other document filed,maintained, or used for purposes of compliance with rules promulgated underG.S. 130A‑294(c).
(4) Generates, stores,treats, transports, disposes of, exports, or otherwise handles any hazardouswaste or any used oil burned for energy recovery and who knowingly destroys,alters, conceals, or fails to file any record, application, manifest, report,or other document required to be maintained or filed for purposes of compliancewith rules promulgated under G.S. 130A‑294(c).
(5) Provides falseinformation or fails to provide information relevant to a decision by theDepartment as to whether or not to enter into a brownfields agreement underPart 5 of Article 9 of this Chapter.
(6) Provides falseinformation or fails to provide information required by a brownfields agreementunder Part 5 of Article 9 of this Chapter.
(7) Provides falseinformation relevant to a decision by the Department pursuant to:
a. G.S. 130A‑308(b).
b. G.S. 130A‑310.7(c).
c. G.S. 143‑215.3(f).
d. G.S. 143‑215.84(e).
(h) For the purposes ofsubsections (f) and (g) of this section, the phrase "knowingly andwillfully" shall mean intentionally and consciously as the courts of thisState, according to the principles of common law interpret the phrase in thelight of reason and experience.
(i) (1) Anyperson who knowingly transports, treats, stores, disposes of, or exports anyhazardous waste or used oil regulated under G.S. 130A‑294(c) in violationof subsection (f) or (g) of this section, who knows at the time that he therebyplaces another person in imminent danger of death or personal bodily injuryshall be guilty of a Class C felony which may include a fine not to exceed twohundred fifty thousand dollars ($250,000) per day of violation, provided thatthis fine shall not exceed a cumulative total of one million dollars($1,000,000) for each 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.
(j) Any personconvicted of an offense under subsection (f), (g), or (h) of this sectionfollowing a previous conviction under this section shall be subject to a fine,or imprisonment, or both, not exceeding twice the amount of the fine, or twicethe term of imprisonment provided in the subsection under which the second orsubsequent conviction occurs. (1989 (Reg. Sess., 1990), c.1045, s. 9; 1993, c. 539, ss. 1303‑1305; 1994, Ex. Sess., c. 24, s.14(c); 1997‑357, s. 3; 1997‑443, s. 11A.67.)
(a) The definition of"person" set out in G.S. 130A‑290 shall apply to this section.In addition, for purposes of this section, the term "person" shallalso include any responsible corporate or public officer or employee.
(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 of Environment and Natural Resources. Inemergencies, oral advice may be relied upon if written confirmation isdelivered to the employee as soon as practicable after receiving and relying onthe 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 environmentalrequirements or other constraints imposed in writing by environmental agenciesor officials after written notice is delivered to all relevant agencies thatthe conflict exists 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 of Environment and Natural Resources at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department ofEnvironment and Natural Resources to develop or use written civil enforcementguidelines.
(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 referto this section and shall be determined by the courts of this State accordingto the principles of common law as they may be applied in the light of reasonand experience. Concepts of justification and excuse applicable under thissection may be developed in the light of reason and experience.
(f) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, 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 acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported any hazardous waste identified or listed under G.S. 130A‑294(c)to a facility which does not have a permit or interim status under G.S. 130A‑294(c)or 42 U.S.C. § 6921, et seq.
(2) Transports or causesto be transported such hazardous waste with the intent of delivery to a facilitywithout a permit.
(3) Treats, stores, ordisposes of such hazardous waste without a permit or interim status under G.S.130A‑294(c) or 42 U.S.C. § 6921, et seq., or in knowing violation of anymaterial condition or requirement or such permit or applicable interim statusrules.
(g) Any person whoknowingly and willfully does any of the following shall be guilty of a Class Ifelony, which may include a fine not to exceed one hundred thousand dollars($100,000) per day of violation, provided that the fine shall not exceed acumulative total of five hundred thousand dollars ($500,000) for each period of30 days during which a violation continues:
(1) Transports or causesto be transported hazardous waste without a manifest as required under G.S.130A‑294(c).
(2) Transports hazardouswaste without a United States Environmental Protection Agency identificationnumber as required by rules promulgated under G.S. 130A‑294(c).
(3) Omits materialinformation or makes any false material statement or representation in anyapplication, label, manifest, record, report, permit, or other document filed,maintained, or used for purposes of compliance with rules promulgated underG.S. 130A‑294(c).
(4) Generates, stores,treats, transports, disposes of, exports, or otherwise handles any hazardouswaste or any used oil burned for energy recovery and who knowingly destroys,alters, conceals, or fails to file any record, application, manifest, report,or other document required to be maintained or filed for purposes of compliancewith rules promulgated under G.S. 130A‑294(c).
(5) Provides falseinformation or fails to provide information relevant to a decision by theDepartment as to whether or not to enter into a brownfields agreement underPart 5 of Article 9 of this Chapter.
(6) Provides falseinformation or fails to provide information required by a brownfields agreementunder Part 5 of Article 9 of this Chapter.
(7) Provides falseinformation relevant to a decision by the Department pursuant to:
a. G.S. 130A‑308(b).
b. G.S. 130A‑310.7(c).
c. G.S. 143‑215.3(f).
d. G.S. 143‑215.84(e).
(h) For the purposes ofsubsections (f) and (g) of this section, the phrase "knowingly andwillfully" shall mean intentionally and consciously as the courts of thisState, according to the principles of common law interpret the phrase in thelight of reason and experience.
(i) (1) Anyperson who knowingly transports, treats, stores, disposes of, or exports anyhazardous waste or used oil regulated under G.S. 130A‑294(c) in violationof subsection (f) or (g) of this section, who knows at the time that he therebyplaces another person in imminent danger of death or personal bodily injuryshall be guilty of a Class C felony which may include a fine not to exceed twohundred fifty thousand dollars ($250,000) per day of violation, provided thatthis fine shall not exceed a cumulative total of one million dollars($1,000,000) for each 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.
(j) Any personconvicted of an offense under subsection (f), (g), or (h) of this sectionfollowing a previous conviction under this section shall be subject to a fine,or imprisonment, or both, not exceeding twice the amount of the fine, or twicethe term of imprisonment provided in the subsection under which the second orsubsequent conviction occurs. (1989 (Reg. Sess., 1990), c.1045, s. 9; 1993, c. 539, ss. 1303‑1305; 1994, Ex. Sess., c. 24, s.14(c); 1997‑357, s. 3; 1997‑443, s. 11A.67.)
