(a) For purposes of this section, the term "person"shall mean, in addition to the definition contained in G.S. 143‑212, anyresponsible corporate or public officer or employee; provided, however, thatwhere a vote of the people is required to effectuate the intent and purpose ofthis Article by a county, city, town, or other political subdivision of theState, and the vote on the referendum is against the means or machinery forcarrying said intent and purpose into effect, then, and only then, this sectionshall not apply to elected officials or to any responsible appointed officialsor employees of such county, city, town, or political subdivision.
(b) 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.
(c) 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.
(d) For the purposes of the felony provisions of this section, aperson'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 of permit limitations causing no significant harmto the environment or risk to the public health, safety, or welfare for whichno enforcement action or civil penalty could have been imposed under anywritten civil enforcement guidelines in use by the Department at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department todevelop or use written civil enforcement guidelines.
(6) Occasional, inadvertent, short‑term violations ofpermit limitations causing no significant harm to the environment or risk tothe public health, safety, or welfare. If the violation occurs within 30 daysof a prior violation or lasts for more than 24 hours, it is not an occasional,short‑term violation.
(e) 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.
(f) Any person who negligently violates any classification,standard or limitation established pursuant to G.S. 143‑215.107 or byG.S. 143‑215.107D any term, condition, or requirement of a permit issuedpursuant to G.S. 143‑215.108 or of a special order or other appropriatedocument issued pursuant to G.S. 143‑215.110 or any rule of theCommission implementing any of the said section, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed fifteen thousand dollars($15,000) per day of violation, provided that such fine shall not exceed acumulative total of two hundred thousand dollars ($200,000) for each period of30 days during which a violation continues.
(g) Any person who knowingly and willfully violates anyclassification, standard, or limitation established in the rules of theCommission pursuant to G.S. 143‑215.107; the emissions limitations setout in G.S. 143‑215.107D; any term, condition, or requirement of a permitissued pursuant to G.S. 143‑215.108; or of a special order or otherappropriate document issued pursuant to G.S. 143‑215.110, shall be guiltyof a Class H felony, which may include a fine not to exceed one hundredthousand dollars ($100,000) per day of violation, provided that this fine shallnot exceed a cumulative total of five hundred thousand dollars ($500,000) foreach period of 30 days during which a violation continues. For the purposes ofthis subsection, the phrase "knowingly and willfully" shall meanintentionally and consciously as the courts of this State, according to theprinciples of common law, interpret the phrase in the light of reason andexperience.
(h) (1) Anyperson who knowingly violates any classification, standard, or limitationestablished in the rules of the Commission pursuant to G.S. 143‑215.107;the emissions limitations set out in G.S. 143‑215.107D; any term,condition, or requirement of a permit issued pursuant to G.S. 143‑215.108;or of a special order or other appropriate document issued pursuant to G.S. 143‑215.110and who knows at that time that he thereby places another person in imminentdanger of death or serious bodily injury shall be guilty of a Class C felony,which may include a fine not to exceed two hundred fifty thousand dollars($250,000) per day of violation, provided that this fine shall not exceed acumulative total of one million dollars ($1,000,000) for each period of 30 daysduring which a violation continues.
(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 approved methodsand such other person had been made aware of the risks involved prior to givingconsent. The defendant may establish an affirmative defense under thissubdivision by a preponderance of the evidence.
(i) Any person who knowingly makes any false statement,representation, or certification in any application, record, report, plan, orother document filed or required to be maintained under this Article or Article21, or a rule implementing this Article or Article 21; or who knowingly makes afalse statement of a material fact in a rulemaking or contested case under thisArticle or Article 21; or who falsifies, tampers with, or knowingly rendersinaccurate any recording or monitoring device or method required to be operatedor maintained under this Article or Article 21 or rules of the Commissionimplementing this Article or Article 21, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed ten thousand dollars($10,000).
(j) Repealed by Session Laws 1993, c. 539, s. 1320. (1973, c. 821, s. 6; c. 1262, s. 23; c. 1331, s. 3; 1975, c. 19, s. 53;c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 545, ss. 4‑6; 1987, c.748, s. 2; c. 827, ss. 154, 212; 1989, c. 135, s. 8; 1989 (Reg. Sess., 1990),c. 1004, s. 49; c. 1045, s. 5; 1993, c. 539, ss. 1026, 1027, 1318, 1319, 1320;1994, Ex. Sess., c. 24, s. 14(c); 2002‑4, ss. 6‑8.)
(a) For purposes of this section, the term "person"shall mean, in addition to the definition contained in G.S. 143‑212, anyresponsible corporate or public officer or employee; provided, however, thatwhere a vote of the people is required to effectuate the intent and purpose ofthis Article by a county, city, town, or other political subdivision of theState, and the vote on the referendum is against the means or machinery forcarrying said intent and purpose into effect, then, and only then, this sectionshall not apply to elected officials or to any responsible appointed officialsor employees of such county, city, town, or political subdivision.
(b) 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.
(c) 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.
(d) For the purposes of the felony provisions of this section, aperson'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 of permit limitations causing no significant harmto the environment or risk to the public health, safety, or welfare for whichno enforcement action or civil penalty could have been imposed under anywritten civil enforcement guidelines in use by the Department at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department todevelop or use written civil enforcement guidelines.
(6) Occasional, inadvertent, short‑term violations ofpermit limitations causing no significant harm to the environment or risk tothe public health, safety, or welfare. If the violation occurs within 30 daysof a prior violation or lasts for more than 24 hours, it is not an occasional,short‑term violation.
(e) 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.
(f) Any person who negligently violates any classification,standard or limitation established pursuant to G.S. 143‑215.107 or byG.S. 143‑215.107D any term, condition, or requirement of a permit issuedpursuant to G.S. 143‑215.108 or of a special order or other appropriatedocument issued pursuant to G.S. 143‑215.110 or any rule of theCommission implementing any of the said section, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed fifteen thousand dollars($15,000) per day of violation, provided that such fine shall not exceed acumulative total of two hundred thousand dollars ($200,000) for each period of30 days during which a violation continues.
(g) Any person who knowingly and willfully violates anyclassification, standard, or limitation established in the rules of theCommission pursuant to G.S. 143‑215.107; the emissions limitations setout in G.S. 143‑215.107D; any term, condition, or requirement of a permitissued pursuant to G.S. 143‑215.108; or of a special order or otherappropriate document issued pursuant to G.S. 143‑215.110, shall be guiltyof a Class H felony, which may include a fine not to exceed one hundredthousand dollars ($100,000) per day of violation, provided that this fine shallnot exceed a cumulative total of five hundred thousand dollars ($500,000) foreach period of 30 days during which a violation continues. For the purposes ofthis subsection, the phrase "knowingly and willfully" shall meanintentionally and consciously as the courts of this State, according to theprinciples of common law, interpret the phrase in the light of reason andexperience.
(h) (1) Anyperson who knowingly violates any classification, standard, or limitationestablished in the rules of the Commission pursuant to G.S. 143‑215.107;the emissions limitations set out in G.S. 143‑215.107D; any term,condition, or requirement of a permit issued pursuant to G.S. 143‑215.108;or of a special order or other appropriate document issued pursuant to G.S. 143‑215.110and who knows at that time that he thereby places another person in imminentdanger of death or serious bodily injury shall be guilty of a Class C felony,which may include a fine not to exceed two hundred fifty thousand dollars($250,000) per day of violation, provided that this fine shall not exceed acumulative total of one million dollars ($1,000,000) for each period of 30 daysduring which a violation continues.
(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 approved methodsand such other person had been made aware of the risks involved prior to givingconsent. The defendant may establish an affirmative defense under thissubdivision by a preponderance of the evidence.
(i) Any person who knowingly makes any false statement,representation, or certification in any application, record, report, plan, orother document filed or required to be maintained under this Article or Article21, or a rule implementing this Article or Article 21; or who knowingly makes afalse statement of a material fact in a rulemaking or contested case under thisArticle or Article 21; or who falsifies, tampers with, or knowingly rendersinaccurate any recording or monitoring device or method required to be operatedor maintained under this Article or Article 21 or rules of the Commissionimplementing this Article or Article 21, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed ten thousand dollars($10,000).
(j) Repealed by Session Laws 1993, c. 539, s. 1320. (1973, c. 821, s. 6; c. 1262, s. 23; c. 1331, s. 3; 1975, c. 19, s. 53;c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 545, ss. 4‑6; 1987, c.748, s. 2; c. 827, ss. 154, 212; 1989, c. 135, s. 8; 1989 (Reg. Sess., 1990),c. 1004, s. 49; c. 1045, s. 5; 1993, c. 539, ss. 1026, 1027, 1318, 1319, 1320;1994, Ex. Sess., c. 24, s. 14(c); 2002‑4, ss. 6‑8.)
(a) For purposes of this section, the term "person"shall mean, in addition to the definition contained in G.S. 143‑212, anyresponsible corporate or public officer or employee; provided, however, thatwhere a vote of the people is required to effectuate the intent and purpose ofthis Article by a county, city, town, or other political subdivision of theState, and the vote on the referendum is against the means or machinery forcarrying said intent and purpose into effect, then, and only then, this sectionshall not apply to elected officials or to any responsible appointed officialsor employees of such county, city, town, or political subdivision.
(b) 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.
(c) 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.
(d) For the purposes of the felony provisions of this section, aperson'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 of permit limitations causing no significant harmto the environment or risk to the public health, safety, or welfare for whichno enforcement action or civil penalty could have been imposed under anywritten civil enforcement guidelines in use by the Department at the time,including but not limited to, guidelines for the pretreatment permit civilpenalties. This subdivision shall not be construed to require the Department todevelop or use written civil enforcement guidelines.
(6) Occasional, inadvertent, short‑term violations ofpermit limitations causing no significant harm to the environment or risk tothe public health, safety, or welfare. If the violation occurs within 30 daysof a prior violation or lasts for more than 24 hours, it is not an occasional,short‑term violation.
(e) 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.
(f) Any person who negligently violates any classification,standard or limitation established pursuant to G.S. 143‑215.107 or byG.S. 143‑215.107D any term, condition, or requirement of a permit issuedpursuant to G.S. 143‑215.108 or of a special order or other appropriatedocument issued pursuant to G.S. 143‑215.110 or any rule of theCommission implementing any of the said section, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed fifteen thousand dollars($15,000) per day of violation, provided that such fine shall not exceed acumulative total of two hundred thousand dollars ($200,000) for each period of30 days during which a violation continues.
(g) Any person who knowingly and willfully violates anyclassification, standard, or limitation established in the rules of theCommission pursuant to G.S. 143‑215.107; the emissions limitations setout in G.S. 143‑215.107D; any term, condition, or requirement of a permitissued pursuant to G.S. 143‑215.108; or of a special order or otherappropriate document issued pursuant to G.S. 143‑215.110, shall be guiltyof a Class H felony, which may include a fine not to exceed one hundredthousand dollars ($100,000) per day of violation, provided that this fine shallnot exceed a cumulative total of five hundred thousand dollars ($500,000) foreach period of 30 days during which a violation continues. For the purposes ofthis subsection, the phrase "knowingly and willfully" shall meanintentionally and consciously as the courts of this State, according to theprinciples of common law, interpret the phrase in the light of reason andexperience.
(h) (1) Anyperson who knowingly violates any classification, standard, or limitationestablished in the rules of the Commission pursuant to G.S. 143‑215.107;the emissions limitations set out in G.S. 143‑215.107D; any term,condition, or requirement of a permit issued pursuant to G.S. 143‑215.108;or of a special order or other appropriate document issued pursuant to G.S. 143‑215.110and who knows at that time that he thereby places another person in imminentdanger of death or serious bodily injury shall be guilty of a Class C felony,which may include a fine not to exceed two hundred fifty thousand dollars($250,000) per day of violation, provided that this fine shall not exceed acumulative total of one million dollars ($1,000,000) for each period of 30 daysduring which a violation continues.
(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 approved methodsand such other person had been made aware of the risks involved prior to givingconsent. The defendant may establish an affirmative defense under thissubdivision by a preponderance of the evidence.
(i) Any person who knowingly makes any false statement,representation, or certification in any application, record, report, plan, orother document filed or required to be maintained under this Article or Article21, or a rule implementing this Article or Article 21; or who knowingly makes afalse statement of a material fact in a rulemaking or contested case under thisArticle or Article 21; or who falsifies, tampers with, or knowingly rendersinaccurate any recording or monitoring device or method required to be operatedor maintained under this Article or Article 21 or rules of the Commissionimplementing this Article or Article 21, shall be guilty of a Class 2misdemeanor which may include a fine not to exceed ten thousand dollars($10,000).
(j) Repealed by Session Laws 1993, c. 539, s. 1320. (1973, c. 821, s. 6; c. 1262, s. 23; c. 1331, s. 3; 1975, c. 19, s. 53;c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 545, ss. 4‑6; 1987, c.748, s. 2; c. 827, ss. 154, 212; 1989, c. 135, s. 8; 1989 (Reg. Sess., 1990),c. 1004, s. 49; c. 1045, s. 5; 1993, c. 539, ss. 1026, 1027, 1318, 1319, 1320;1994, Ex. Sess., c. 24, s. 14(c); 2002‑4, ss. 6‑8.)
