(a) In General.— A person knowingly violating section
5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
(b) Knowing Violations.— For purposes of this section—
(1)a person acts knowingly when—
(A)the person has actual knowledge of the facts giving rise to the violation; or
(B)a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2)knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c) Willful Violations.— For purposes of this section, a person acts willfully when—
(1)the person has knowledge of the facts giving rise to the violation; and
(2)the person has knowledge that the conduct was unlawful.
(d) Reckless Violations.— For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.
2005—Pub. L. 109–59reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section
5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.