Increase Penalties for Repeat Polluters

Section 1. Sections 71-2711, 71-2712, 71-2713 and 71-2714 of the environmental conservation law, as amended by chapter 26 of the laws of 1998, are amended to read as follows: § 71-2711. Endangering public health, safety or the environment in the

fourth degree.

A person is guilty of endangering public health, safety or the environment in the fourth degree when:

1. With criminal negligence, [he] such person engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment; or

2. With criminal negligence, [he] such person 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; or

3. [He] Such person knowingly or recklessly engages in conduct which causes the release of a substance hazardous to public health, safety or the environment; or

4. Such person commits the crime of endangering the public health, safety or the environment in the fifth degree as defined in section 71-2710 of this title and has been previously convicted of any crime defined in section 71-2710, 71-2712, 71-2713 or 71-2714 of this title within the preceding ten years.

Endangering public health, safety or the environment in the fourth degree is a class A misdemeanor.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08654-01-7

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§ 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] Such person recklessly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment; or

2. [He] Such person 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] Such person 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] Such person 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; or

5. Such person commits the crime of endangering the public health, safety or the environment in the fourth degree as defined in section 71-2711 of this title and has been previously convicted of any crime defined in section 71-2710, 71-2711, 71-2713 or 71-2714 of this title within the preceding ten years.

Endangering public health, safety or the environment in the third degree is a class E felony. § 71-2713. Endangering public health, safety or the environment in the

second degree.

A person is guilty of endangering public health, safety or the environment in the second degree when:

1. [He] Such person knowingly engages in conduct which causes the release of a substance hazardous to public health, safety or the environment and such release causes physical injury to any person who is not a participant in the crime; or

2. [He] Such person knowingly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct [he] such person knows to meet any of the criteria set forth in paragraph (b) of subdivision one of section 37-0103 of this chapter; or

3. [He] Such person knowingly engages in conduct which causes the release of more than one thousand five hundred gallons or fifteen thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment; or

4. [He] Such person recklessly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment and such release causes physical injury to any person who is not a participant in the crime; or

5. [He] Such person 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 and such substance enters water; or

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6. [He] Such person knowingly or recklessly engages in conduct which causes the release of a substance hazardous to public health, safety or the environment and such substance enters a primary water supply; or

7. Such person commits the crime of endangering the public health, safety or the environment in the third degree as defined in section 71-2712 of this title and has been previously convicted of any crime defined in section 71-2710, 71-2711, 71-2712 or 71-2714 of this title within the preceding ten years.

Endangering public health, safety or the environment in the second degree is a class D felony. § 71-2714. Endangering public health, safety or the environment in the

first degree.

A person is guilty of endangering public health, safety or the environment in the first degree when:

1. [He] Such person intentionally engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct [he] such person knows to meet any of the criteria set forth in paragraph (b) of subdivision one of section 37-0103 of this chapter when [he] such person is aware that such conduct creates a substantial risk of serious physical injury to any person who is not a participant in the crime; or

2. [He] Such person knowingly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct [he] such person knows to meet any of the criteria set forth in paragraph (b) of subdivision one of section 37-0103 of this chapter and such release causes physical injury to any person who is not a participant in the crime; or

3. Such person commits the crime of endangering the public health, safety or the environment in the second degree as defined in section 71-2713 of this title and has been previously convicted of any crime defined in section 71-2710, 71-2711, 71-2712 or 71-2713 of this title within the preceding ten years.

Endangering public health, safety or the environment in the first degree is a class C felony.

§ 2. Sections 71-2715 and 71-2717 of the environmental conservation law, as amended by chapter 671 of the laws of 1986, are amended to read as follows: § 71-2715. Unlawful dealing in hazardous wastes or substances in the

second degree.

No person shall:

1. With intent that another person possess or dispose of hazardous wastes or substances hazardous or acutely hazardous to public health, safety or the environment without authorization, solicit, request, command, importune or otherwise attempt to cause such other person to engage in such conduct; or

2. Believing it probable that [he] such person is rendering aid to [a] another person who intends to possess or dispose of hazardous wastes or substances hazardous or acutely hazardous to public health, safety or the environment without authorization, engage in conduct which provides such other person with the means or opportunity for the commission thereof and which in fact aids such other person to commit such act.

Unlawful dealing in hazardous [waste] wastes or substances in the second degree is a class A misdemeanor.

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§ 71-2717. Unlawful dealing in hazardous wastes or substances in the

first degree.

No person shall:

1. Remove, assist in the removal, or make available for removal, more than one hundred gallons or one thousand pounds, whichever is less, of an aggregate weight or volume of hazardous wastes or substances hazardous or acutely hazardous to public safety or the environment intending that such wastes or substances are to be possessed or disposed of by a person who does not have authorization; or

2. Solicit, agree to receive or receive a benefit for possession or disposal of hazardous wastes or substances hazardous or acutely hazardous to public safety or the environment intending that the possession or disposal is to be done without authorization; or

3. Offer, agree to confer, confer upon another or authorize or direct anyone to offer, agree to confer or confer upon another a benefit for possession or disposal of hazardous wastes or substances hazardous or acutely hazardous to public safety or the environment intending that the person who is to perform such possession or disposal does not have authorization.

Unlawful dealing in hazardous [waste] wastes or substances in the first degree is a class E felony.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.