GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1177

Short Title:  Penalties for Environmental Crimes.	(Public)
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Sponsors: Representatives Cooper; and Miller.
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Referred to:  Judiciary.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE CRIMINAL PENALTIES FOR VIOLATIONS OF THE WATER QUALITY, AIR QUALITY, OIL AND HAZARDOUS SUBSTANCES CONTROL, AND HAZARDOUS WASTE MANAGEMENT PROGRAMS THAT ARE KNOWINGLY COMMITTED OR THAT INVOLVE KNOWING ENDANGERMENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-215.6(b) reads as rewritten:
"(b)	Criminal Penalties. –
(1)	Any person who negligently violates any classification, standard or limitation established pursuant to G.S. 143-214.1, 143-214.2, or 143-215; any term, condition, or requirement of a permit issued pursuant to G.S. 143-215.1 or of a special order or other appropriate document issued pursuant to G.S. 143-215.2; or any rule of the Commission implementing any of the said sections, shall be guilty of a misdemeanor punishable by a fine not to exceed fifteen thousand dollars ($15,000) per day of violation, provided that such fine shall not exceed a cumulative total of two hundred thousand dollars ($200,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed six months, or by both.
(1a)	Any person who knowingly violates any classification, standard, or limitation established pursuant to G.S. 143-214.1, 143-214.2, or 143-215; any term, condition, or requirement of a permit issued pursuant to G.S. 143-215.1 or of a special order or other appropriate document issued pursuant to G.S. 143-215.2; or any rule of the Commission implementing any of these sections, shall be guilty of a Class J felony, punishable by a fine not to exceed one hundred thousand dollars ($100,000) per day of violation, provided that this fine shall not exceed a cumulative total of five hundred thousand dollars ($500,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed three years, or by both.
(1b)	Any person who knowingly violates any classification, standard, or limitation established pursuant to G.S. 143-214.1, 143-214.2, or 143-215; any term, condition, or requirement of a permit issued pursuant to G.S. 143-215.1 or of a special order or other appropriate document issued pursuant to G.S. 143-215.2; or any rule of the Commission implementing any of these sections, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a Class H felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation, provided that this 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, or by imprisonment not to exceed 10 years, or by both.
(2) 	Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or regulations of the Commission implementing this Article, shall be guilty of a misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000), or by imprisonment not to exceed six months, or by both.
(3)	Any person convicted of an offense under subdivision (1), (1a), (1b), or (2) of this subsection following a previous conviction under such subdivision shall be subject to a fine, or imprisonment, or both, not exceeding twice the amount of the fine, or twice the term of imprisonment provided in the subdivision under which the second or subsequent conviction occurs.
(4)	For purposes of this subsection, the term ‘person' shall mean, in addition to the definition contained in G.S. 143-213, any responsible corporate or public officer or employee; provided, however, that where a vote of the people is required to effectuate the intent and purpose of this Article by a county, city, town, or other political subdivision of the State, and the vote on the referendum is against the means or machinery for carrying said intent and purpose into effect, then, and only then, this subsection shall not apply to elected officials or to any responsible appointed officials or employees of such county, city, town, or political subdivision."
Sec. 2.  G.S. 143-215.114(b) reads as rewritten:
"(b)	Criminal Penalties. –
(1)	Any person who negligently violates any classification, standard or limitation established pursuant to G.S. 143-215.107; 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. 143-215.110 or any rule of the Commission implementing any of the said section, shall be guilty of a misdemeanor punishable by a fine not to exceed fifteen thousand dollars ($15,000) per day of violation, provided that such fine shall not exceed a cumulative total of two hundred thousand dollars ($200,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed six months, or by both.
(1a)	Any person who knowingly violates any classification, standard, or limitation established pursuant to G.S. 143-215.107; any term, condition, or requirement of a permit issued pursuant to G.S. 143-215.107 or of a special order or other appropriate document issued pursuant to G.S. 143-215.110; or any rule of the Commission implementing any of these sections, shall be guilty of a Class J felony, punishable by a fine not to exceed one hundred thousand dollars ($100,000) per day of violation, provided that this fine shall not exceed a cumulative total of five hundred thousand dollars ($500,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed three years, or by both.
(1b)	Any person who knowingly violates any classification, standard, or limitation established pursuant to G.S. 143-215.107; any term, condition, or requirement of a permit issued pursuant to G.S. 143-215.107 or of a special order or other appropriate document issued pursuant to G.S. 143-215.110; or any rule of the Commission implementing any of these sections, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a Class H felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation, provided that this 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, or by imprisonment not to exceed 10 years or by both.
(2)	Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article and Article 21, or a rule implementing this Article and Article 21, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article and Article 21 or regulations of the Commission implementing this Article and Article 21, shall be guilty of a misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000), or by imprisonment not to exceed six months, or by both.
(3)	Any person convicted of an offense under subdivision (1), (1a), (1b), or (2) of this subsection   following a previous conviction under such subdivision shall be subject to a fine, or imprisonment, or both, not exceeding twice the amount of the fine or twice the term of imprisonment provided in the subdivision under which the second or subsequent conviction occurs.
(4)	For purposes of this subsection, the term ‘person' shall mean, in addition to the definition contained in G.S. 143-213, any responsible corporate or public officer or employee; provided, however, that where a vote of the people is required to effectuate the intent and purpose of this Article by a county, city, town, or other political subdivision of the State, and the vote on the referendum is against the means or machinery for carrying said intent and purpose into effect, then, and only then, this subsection shall not apply to elected officials or to any responsible appointed officials or employees of such county, city, town, or political subdivision."
Sec. 3.  G.S. 143-215.91(b) reads as rewritten:
	"(b) Criminal Penalties. –
(1)	Any person who knowingly discharges or causes or permits the discharge of oil or other hazardous substances in violation of this Part shall be guilty of a Class J felony punishable by imprisonment not to exceed three years or by fine to be not more than one hundred thousand dollars ($100,000) per day of violation, provided that this fine shall not exceed a cumulative total of five hundred thousand dollars ($500,000) for each period of 30 days during which a violation continues, or by both, in the discretion of the court. No proceeding shall be brought or continued under this subsection for or on account of a violation by any person who has previously been convicted of a federal violation or a local ordinance violation based upon the same set of facts.
(2)	Any person who knowingly discharges or causes or permits the discharge of oil or other hazardous substances in violation of this Part, and who knows at that time that he places another person in imminent danger of death or serious bodily injury shall be guilty of a Class H felony punishable by imprisonment not to exceed 10 years or by fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation, provided that this 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, or by both, in the discretion of the court.  No proceeding shall be brought or continued under this subsection for or on account of a violation by any person who has previously been convicted of a federal violation or a local ordinance violation based upon the same set of facts."
Sec. 4.  Part 2 of Article 1 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-29.  Criminal violation of Article 9.
(a)	Any person who knowingly:
(1)	Transports or causes to 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 USC §6921, et seq.; or
(2)	Transports or causes to be transported such hazardous waste with the intent of delivery to a facility without a permit; or
(3)	Treats, stores, or disposes of such hazardous waste without a permit or interim status under G.S. 130A-294(c) or 42 USC §6921, et seq., or in knowing violation of any material condition or requirement or such permit or applicable interim status rules;
shall be guilty of a Class I felony, punishable by a fine not to exceed one hundred thousand dollars ($100,000) per day of violation, provided that this fine shall not exceed a cumulative total of five hundred thousand dollars ($500,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed five years, or by both.
(b)	Any person who knowingly:
(1)	Transports or causes to be transported hazardous waste without a manifest as required under G.S. 130A-294(c); or
(2)	Transports hazardous waste without an Environmental Protection Agency (EPA) identification number as required by rules promulgated under G.S. 130A-294(c); or
(3)	Omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with rules promulgated under G.S. 130A-294(c); or
(4)	Generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste 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 compliance with rules promulgated under G.S. 130A-294(c);
shall be guilty of a Class J felony, punishable by a fine not to exceed one hundred thousand dollars ($100,000) per day of violation, provided that the fine shall not exceed a cumulative total of five hundred thousand dollars ($500,000) for each period of 30 days during which a violation continues, or by imprisonment not to exceed three years, or by both.
(c)	Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste or used oil regulated under G.S. 130A-294(c) in violation of subsection (a) or (b) of this section, who knows at the time that he thereby places another person in imminent danger of death or personal bodily injury shall be guilty of a Class H felony punishable by imprisonment not to exceed 10 years or by fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation, provided that this 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, or by both, in the discretion of the court.  
(d)	Any person convicted of an offense under subsection (a), (b), or (c) of this section following a previous conviction under such subsection shall be subject to a fine, or imprisonment, or both, not exceeding twice the amount of the time, or twice the term of imprisonment provided in the subsection under which the second or subsequent conviction occurs.
(e)	The definition ‘person' in G.S. 130A-290 shall apply to this section.  For purposes of this section, the term shall also include any responsible corporate or public officer or employee.  No proceeding shall be brought or continued under this section for or on account of a violation by any person who has previously been convicted of a federal violation based upon the same set of facts."
Sec. 5.  This act is effective upon ratification and applies to offenses committed on or after that date.