17 ELR 10465 | Environmental Law Reporter | copyright © 1987 | All rights reserved

State Hazardous Waste Crimes

Editors' Summary: Criminal enforcement of hazardous waste laws is occurring with greater frequency, more serious penalties, and more corporate defendants. At the same time, states are taking widely varying approaches to their criminal hazardous waste programs, leading to substantial diversity from state to state even within a particular region of the country. In this Article, the author compiles the state hazardous waste crimes for each of the 50 states and the District of Columbia, presenting a chart showing the citations to the relevant state statutes, the conduct that is made criminal, the penalties available, and the criminal "state of mind" specified in the statute for conviction. In many cases, this "state of mind" requirement is key, since many business operations have the potential to lead to violations in their day-to-day implementation. The author compares the states' hazardous waste crimes, observing the wide disparity in the range of penalties and the degree of knowledge required in the "state of mind" requirement. Finally, the author considers whether there are any patterns among the state programs, and compares them to the comparable federal provisions in the Resource Conservation and Recovery Act.

Mr. McElfish is a Senior Attorney at the Environmental Law Institute. The research for the table accompanying this article was conducted by Environmental Law Institute staff members in connection with a year-long study of hazardous waste enforcement in the states.

[17 ELR 10465]

Criminal enforcement of environmental laws is achieving new prominence among the states, and in no area has there been more recent activity than in state hazardous waste crimes. Those states with sophisticated criminal enforcement programs have focused on hazardous waste offenses,¹ while other states with little or no previous experience in environmental criminal enforcement have begun building investigative staffs in order to initiate hazardous waste criminal programs.²

The growing interest in state criminal enforcement means that many hazardous waste cases that would previously have been handled civilly or administratively now may be criminally prosecuted. In Ohio, for example, the Attorney General's office evaluates all hazardous waste litigation referrals from the Ohio Environmental Protection Agency for possible criminal investigation and prosecution. In Maryland, criminal enforcement attorneys work closely with the regulatory agency to develop criminal cases. Individual district attorneys' offices and states' attorneys' offices have also begun to focus on hazardous waste criminal enforcement. The Los Angeles District Attorney's Environmental Crimes Section is one of the most active in this field.

Potential Defendants Include Industry Officials With Little "Criminal" Intent

Because of this increased activity, it is important for industry and private counsel to become aware of the range of definitions of state hazardous waste crimes. Not only do these definitions vary widely from state to state, but they can also create significant exposure to criminal liability in ways not intuitively obvious to the owners, managers, or employees of a business. Hazardous waste criminal investigations and prosecutions in many states are no longer limited simply to "midnight dumpers." Instead, enterprising state prosecutors and regulators are turning to the criminal remedy as a powerful deterrent and sanction for violative conduct by all segments of the regulated community. Often, hazardous waste crimes are defined to include violations commonly regarded as "regulatory" or "administrative," and criminal intent requirements may be minimal or even nonexistent. Thus, even in preparing to negotiate a civil or administrative settlement of a "routine" violation, a defense litigator now needs to be aware of the potential criminal liabilities to which his or her client may be exposed.

[17 ELR 10466]

State-by-State Compilation of Crimes, Penalties, and Criminal Intent Requirements

The following table examines the hazardous waste criminal laws of all 50 states and the District of Columbia as of September 1987.³ The columns under which the crimes are listed indicate the state of mind (or "scienter") that the state must prove in order to convict.⁴ Under each column the table then sets out a brief description of the conduct made criminal.

The maximum fines and prison terms are shown in italics for each crime or group of crimes immediately below the descriptions. Minimum prison terms are also shown for some states. Where a given criminal provision specifies no fine or prison term, but refers simply to a standard scheme of criminal penalties (e.g., "Class B misdemeanor"), the applicable fine and prison term have been determined by referring to the classification statute of that state. The table identifies criminal fines as computed on a per-day basis only where the state statute expressly so provides. Crimes that have the same scienter requirement but differing penalties are separated on the table by a line.

Certain abbreviations and symbols have been used to facilitate the table format. The abbreviation "TSD" refers to treatment, storage or disposal of hazardous waste. The abbreviation "hw" means hazardous waste.

The Wide Range of State Law: Scienter and Penalties

As shown in the table, some state legislatures have acted to provide ample criminal enforcement authorities in this area. Others have enacted very little. Indeed, several states have erected significant barriers to the use of their criminal laws, either by imposing substantial scienter requirements or by authorizing only minimal sanctions.⁵ While the criminal enforcement leverage of some states is substantial because of their creation of strict liability crimes,⁶ other states require proof of "intentional" or "willful" states of mind in order to convict.⁷

Some states have a broad range of severe fines and prison terms; others authorize very little. The statutory schemes range from those that provide for over 20 differentoffenses with fines of up to $200,000 and prison terms up to 15 years (New York), or fines of up to $500,000/day and prison terms up to 20 years (Pennsylvania), to statutes that provide for only one or two offenses, and for maximum fines of $10,000 (North Carolina) or for maximum prison terms of six months (Oklahoma, Vermont).

While there is no direct correlation between the complexity of a statutory criminal enforcement scheme and the level of criminal investigative and prosecutorial activity in a given state, it is fair to note that those states that have actually engaged in some criminal enforcement tend to have more detailed statutes. These include California, Connecticut, Maine, Maryland, New Jersey, New York, and Pennsylvania.

Not all states with detailed statutes have active criminal enforcement programs, however. The level of detail in some states' hazardous waste criminal statutes is largely a function of recent legislative action.⁸

The more detailed statutory schemes appear to provide prosecutors with more charging options and hence more enforcement leverage. The provision of severe criminal sanctions is also important in assuring that the criminal enforcement effort acts as a deterrent beyond that already provided by the civil penalty system.

The Federal Comparison

It is illuminating to compare the state criminal enforcement authorities with those set forth in § 3008(d)-(f) of the federal Resource Conservation and Recovery Act (RCRA).⁹ RCRA requires the federal government to plead and prove that hazardous waste offenses were committed "knowingly" in order to obtain a conviction. Many of the states have adopted more flexible statutes requiring proof of lesser degrees of intent (i.e., reckless, negligent, strict liability) in order to convict. A few states, however, have imposed proof-of-intent requirements that are higher than the "knowing" requirement in § 3008 (i.e., willful, intentional).¹⁰ This will make indictment and conviction more difficult in these states.

Fines and prison sentences authorized in RCRA § 3008 are generally higher than those currently in force in most states. This situation may change as states amend their programs to come into conformance with the Hazardous and Solid Waste Amendments of 1984.¹¹ The Environmental Protection Agency has not looked closely at criminal enforcement authorities in the state authorization process in the past, however.

Conclusions

Certain information cannot be conveyed by a table of this type. For example, the organization of the state investigative unit, or the absence thereof, is often far more critical than the statutory provisions themselves. Nevertheless, credible criminal enforcement effort requires well-drafted laws. Those states that have a number of possible charging options, a range of fines and prison terms, and scienter requirements that facilitate prosecution can achieve a credible deterrent effect through several well-chosen indictments and convictions. Those states with more limited definitions of criminal conduct, weak sanctions (including no prison terms, for example), and high scienter requirements, will derive little deterrent benefit from their criminal statutes. [17 ELR 10467]

*2*Hazardous Waste Crimes
*2*(Scienter, Offenses, and Penalties)
Intentional,
Willful	Knowing
ALABAMA
* transport to unpermitted site	same
* TSD without permit
* contaminate groundwater without
permit
* false statement
* tamper with or fail to maintain
document
* violation
$50,000 day and/or 1-10 yrs	same
$100,000 day and/or 2-20 yrs
(subs. convictions)
ALASKA
	* transport to unpermitted site
	* TSD without permit
	* false statement
	$10,000 day and/or 1 yr
	* violation
	$5,000 and/or 1 yr
ARIZONA
* transport to unpermitted site
* generate and permit transp. to
such site
* TSD without permit
$150,000 and/or 2 yrs
	* engage in hw crimes while
	manifesting extreme
	indifference to human life
	$150,000 and/or 5 yrs
	($1 million-organization)
ARKANSAS
* impede or resist state officials in	* false statement
their duties	* tamper with monitoring
$1,000 and/or 30 days	$10,000 day and/or 1 yr
CALIFORNIA
* interference with enforcement	* transport to unpermitted site
$1,000 day and/or 6 mos	* TSD without permit
$25,000 day and/or 2 yrs (subs. off.)	$50,000 day and/or 1 yr
	(transp., treat., storage)
	$100,000 day and/or up to 1-3
	yrs (transp., disposal)
	$250,000 day and/or 3 addi-
	tional yrs if bodily injury or
	prob. of death
	* false statement
	* destroy, alter record
	* generator, transp. violations
	* failure to submit info.
	re: danger
	* failure to file annual disposal
	report
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
	* transp. without manifest;
	without compliance certif.
	$500 day and/or 6 mos
COLORADO
	* transport to unpermitted
	site
	* TSD without permit or in
	material violation
	$50,000 day and/or 1 yr
	* false statement
	* destroy or alter record
	$25,000 day and/or 1 yr
CONNECTICUT
* failure to manifest	* false statement
* destroy or conceal record	$25,000 day and/or 1 yr
$25,000 day and/or 1 yr	* transport to unpermitted site
	* TSD without permit
	* violation of material permit
	condition
	$50,000 day and/or 2 yrs
	* imminent endangerment
	with criminal violation
	$250,000 and/or 5 yrs
	($1 million-corps.)
DELAWARE
* violation	* violation
$25,000 day and/or 1 yr	* false statement
$50,000 day and/or 2 yrs (subs. off.)	* tamper with monitoring
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
DISTRICT OF COLUMBIA
	* violation
	$25,000 day and/or 1 yr
FLORIDA
	* transp. to unpermitted site
	* transp. without manifest
	* TSD without permit or in
	violation
	* false statement
	* destroy or alter record
	$50,000 day and/or 5 yrs
	$100,000 day and/or 10 yrs
	(subs. off.)
GEORGIA
	* transp. to unpermitted site
	* TSD without permit, or in
	violation, or without
	manifest
	* false statement or destroy
	record
	$50,000 day and/or 3 yrs
	$100,000 day and/or 6 yrs
	(subs. off.)
	* criminal violation placing
	person in imminent danger
	of death or serious bodily
	injury
	$250,000 and/or 15 yrs
	($1 million-corps.)
HAWAII
	* transp. to unpermitted site
	* TSD without permit
	* false statement
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
IDAHO
	* violation
	* false statement
	$10,000 and/or 1 yr
ILLINOIS
	* transp. to unpermitted site
	* TSD without permit or in
	violation
	* concealment of unlawful
	disposal
	$100,000 day and/or 3-6 yrs
	* disposal without lawful
	justification
	* delivery without lawful
	justification
	$250,000 day and/or 5-10 yrs
	* disposal with conscious
	disregard of danger of
	serious bodily harm or
	immediate or long-term
	danger to public health
	$500,000 day and/or 7-14 yrs
	* false statement
	* destroy, alter, conceal record
	$50,000 day and/or 3-6 yrs
	$50,000 day and/or 5-10 yrs
	(subs. off.)
	* false statement
	* transport without having
	transp. license on person
	$1,000 and/or 1 yr
INDIANA
* violation	* violation
$25,000 day and/or 2 yrs	same
$50,000 day and/or 2 yrs
(subs. off.)
plus 2 yrs (aggravating circumstances)
* transp. or TSD in violation	* transport to unpermitted site
$50,000 day and/or 2 yrs, and forfeit.	* false statement re: hw
plus 2 yrs (agg. circumstances)	$25,000 day and/or 2 yrs
	$50,000 day and/or 2 yrs
	(subs. off.)
	plus 2 yrs (agg. circumstances)
	* false statement
	* tamper with monitoring
	$10,000 day and/or 6 mos
IOWA
	* transp. to unpermitted site
	* TSD without permit or in
	material violation
	* false statement
	* destroy or conceal record
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
KANSAS
	* place waste with unpermitted
	facility
	* TSD without permit or in
	violation
	* violate permit
	* violate rule, order
	* fail to manifest properly
	* transport to unpermitted site
	* blend hw with residential
	fuel oil
	$15,000 and/or 3-20 yrs
	* transport and dispose in
	violation
	$15,000 and/or 3-20 yrs
	* false statement
	* destroy, alter, conceal record
	$2,500 day and/or 1 yr
KENTUCKY
	* violation
	* false statement
	$25,000 day and/or 1-5 yrs
LOUISIANA
	* violation
	$100,000 day and/or 10 yrs
	* imminent danger of death or
	serious bodily injury
	$250,000 day and/or 15 yrs
MAINE
	* transport without permit
	* transport to unpermitted
	facility
	* handle without permit
	* handle at location that lacks
	permit
	$50,000 day and/or 5 yrs
	* violation
	* TSD without permit
	* give hw to person not
	licensed or who will violate
	$1,000 ($5,000-corp.) and/or
	1 yr plus twice pecuniary
	gain from crime
MARYLAND
	* false statement
	* tamper with monitoring
	$10,000 and/or 6 mos
MASSACHUSETTS
	* violation
	* handle in manner that
	could endanger, or in viola-
	tion of handling provisions
	* handle without permit/lic.
	* handle without manifest
	* transfer to person without
	permit
	* transport without vehicle i.d.
	$100,000 day and/or 20 yrs
MICHIGAN
	* violation that places
	another in imminent danger
	of death or serious bodily
	injury and manifests
	disregard for human life
	$250,000 and/or 2 yrs (5 yrs for
	extreme indifference)
	($1 million-corps.)
MINNESOTA
* violation not otherwise enumerated	* dispose or arrange
$100 and/or 90 days	disposal in unpermitted
	location or in violation of
	material permit condition
	$50,000 and/or 5 yrs
	* deliver hw to
	unauthorized person
	* treatment or storage in
	violation or without permit
	* transp. other than to TSD
	* no manifest
	* no transp. lic.
	* false statement in application
	* false statement in record
	$25,000 and/or 3 yrs
	$50,000 and/or 5 yrs
	(subs. off.)
	* crimes placing another in
	imminent danger of death,
	or great or substantial
	bodily harm
	$100,000 and/or 10 yrs
	($1 million-corps.)
MISSISSIPPI
	* violation
	$25,000 day and/or 1 yr
MISSOURI
	* transport to unauthorized
	facility
	* permit or cause any hw
	transportation practice in
	violation of law
	* TSD without authorization
	or in violation of material
	requirement
	* false material statement
	* tamper with monitoring
	* destroy, alter record
	* operate disposal facility in a
	manner permitting violations
	$25,000 day and/or 1 yr
	$50,000 day and/or 10+ yrs
	(subs. off.)
MONTANA
	* transport to unpermitted site
	$10,000 day and/or 6 mos
	$20,000 day and/or 1 yr
	(subs. off.)
NEBRASKA
	* violation
	* false statement
	$10,000 day and/or 6 mos
NEVADA
* illegal transp.	* false statement
* TSD without permit or in violation	* tamper with monitoring
* violate order	$10,000 day and/or 1 yr
$25,000 day and/or 1 yr
$50,000 day and/or 6 yrs (subs off.)
NEW HAMPSHIRE
	* violation
	* false statement
	* tamper with monitoring
	$50,000 day and/or 7 yrs
NEW JERSEY
	* transport to unauthorized
	site
	* generate hw and cause or
	authorize transp. to
	unauthorized site
	* TSD without authorization
	* false statement
	$25,000 day and/or 3-5 yrs
	$50,000 day and/or 3-5 yrs
	(subs. off.)
	and restitution for damages
NEW MEXICO
* violation of imminent hazard order	* transport to unpermitted site
$5,000 day	* TSD without permit or in
	violation of material req.
	* transport or cause to be
	transported without manifest
	* false statement
	* unlawfully export
	* violation of underground
	storage tank provisions
	$10,000 and/or 1 yr
	$25,000 day and/or 2 yrs
	(subs. off.)
	* transport, TSD or export
	in violation knowingly
	placing another in imminent
	danger of death or serious
	bodily injury
	$100,000 and/or 15 yrs
	($250,000-organization)
NEW YORK
* violation	* violation
$25,000 day and/or 1 yr	$25,000 day and/or 1 yr
$50,000 day and/or 2 yrs	$50,000 day and/or 2 yrs
(subs. off.)	(subs. off.)
	* unlawful possession of 100
	gallons hw
	$100,000 and/or 4 yrs
	* unlawful possession of 1500
	gallons hw
	$150,000 and/or 7 yrs
	* release of any amount hw
	$25,000 and/or 1 yr
	* release of more than 100
	gals. hw
	$100,000 and/or 4 yrs
	* release of hw w/injury
	* release of acute hw
	* release of more than 1500
	gals. hw
	* release of more than 100
	gals. hw where enters water
	* release of any amount hw
	where enters primary water
	supply
	$150,000 and/or 7 yrs
* release of acute hw with risk of	* release of acute hw with
injury	actual injury
$200,000 and/or 15 yrs	$200,000 and/or 15 yrs
* unlawful dealing in hw	* unlawful dealing in hw
$25,000 and/or 1 yr	$25,000 and/or 1 yr
* unlawful dealing in hw	* unlawful dealing in hw
(1st degree)	(1st degree)
$100,000 and/or 4 yrs	$100,000 and/or 4 yrs
NORTH CAROLINA
* discharge of haz. substance	* discharge of haz. substance
$10,000 and/or 6 mos	$10,000 and/or 6 mos
NORTH DAKOTA
	* violation
	* false statement
	$25,000 day and/or 1 yr
	* violation with imminent
	danger of death or bodily
	injury
	$50,000 day and/or 2 yrs
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
* unlawful TSD or transport causing	* unlawful TSD or transport
"pollution, a public nuisance, or	causing "pollution, a public
bodily injury"	nuisance, or bodily injury"
$500,000 day and/or 2-20 yrs	$500,000 day and/or 2-20 yrs
	* transport to unpermitted site
	* false statement
	* TSD by municipality without
	permit
	$25,000 day
	$50,000 day and/or 2-20 yrs
	(subs. off.)
RHODE ISLAND
	* violation of order, rule or
	regulation
	* unlawful disposal
	* TSD without permit
	* transport without permit
	* failure to manifest
	* false statement
	$10,000 day and/or 5 years;
	and restoration costs
SOUTH CAROLINA
* violation
$25,000 day and/or 1 yr
$50,000 day and/or 2 yrs (subs. off.)
SOUTH DAKOTA
	* transport to unpermitted site
	* TSD without permit or in
	violation
	$10,000 and/or 10 yrs
TENNESSEE
	* violation
	$50,000 day and/or 2 yrs
TEXAS
	* transport to unpermitted site
	* TSD without permit or in
	violation
	$50,000 day and/or 5 yrs
	$100,000 day and/or 10 yrs
	(subs. off.)
	* false statement or omission,
	or destruction of record
	* transport without manifest
	$50,000 day and/or 2 yrs
	$100,000 day and/or 4 yrs
	(subs. off.)
	* violation placing another in
	imminent danger of death or
	serious bodily injury
	$250,000 and/or 15 yrs
	($1 million-corps.)
UTAH
	* transport to nonapproved
	site
	* TSD without approved plan
	* transport without manifest
	$15,000 day
	$25,000 day (subs. off.)
VERMONT
VIRGINIA
* violation	* transport to unpermitted site
$1,000 and/or 1 yr	* TSD without permit
	* false statement
	$10,000 day and/or 1 yr
WASHINGTON
	* aiding and abetting a
	violation
	$10,000 day and/or 1 yr
WEST VIRGINIA
	* transport to unpermitted site
	* TSD without permit or in
	material violation
	$50,000 day and/or 1-2 yrs
	$50,000 day and/or 1-3 yrs
	(subs. off.)
	* false statement
	* destroy, alter record
	$25,000 day and/or 1 yr
	$50,000 day and/or 1-3 yrs
	(subs. off.)
	* handle hw without permit
	or in violation and exhibit
	disregard for life or safety
	of others and place person
	in imminent danger of
	serious bodily injury
	$250,000 and/or 1-4 yrs
WISCONSIN
* transport to facility known to lack
permit
* TSD without permit or in violation
of permit
* false statement
* destroy, alter, conceal record
$25,000 day and/or 1 yr
$50,000 day and/or 2 yrs (subs. off.)
WYOMING
* violation	* false statement
$25,000 day and/or 1 yr	* tamper with monitoring
$50,000 day and/or 2 yrs	$10,000 and/or 1 yr
(subs. off.)

[17 ELR 10467]

*3*Hazardous Waste Crimes
*3*(Scienter, Offenses, and Penalties)
Intentional,
Willful	Reckless	Negligent
ALABAMA
* transport to	same	same
unpermitted site
* TSD without permit
* contaminate
groundwater without
permit
* false statement
* tamper with or fail
to maintain
document
* violation
$50,000 day and/or 1-10 yrs	same	same
$100,000 day and/or 2-20 yrs
(subs. convictions)
ALASKA
		* violation
		$1,000 and/or
		90 days
ARIZONA
* transport to	* transport to unpermitted site
unpermitted site
* generate and	* generate and permit transp.
permit transp. to	to such site
such site
* TSD without permit	* TSD without permit
$150,000 and/or 2 yrs	$150,000 and/or 1 1/2 yrs
	* engage in hw crimes while
	manifesting extreme
	indifference to human life
	$150,000 and/or 5 yrs
	($1 million-organization)
ARKANSAS
* impede or resist
state officials in
their duties
$1,000 and/or 30 days
CALIFORNIA
* interference
with enforcement
$1,000 day and/or 6 mos
$25,000 day and/or
2 yrs (subs. off.)
COLORADO
CONNECTICUT
* failure to manifest
* destroy or conceal record
$25,000 day and/or 1 yr
DELAWARE
* violation		* violation
$25,000 day and/or 1 yr		$25,000 day
$50,000 day and/or
2 yrs (subs. off.)
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
	* disposal with gross deviation
	from standard of care
	$50,000 day and/or 3-6 yrs
INDIANA
* violation	* violation	* violation
$25,000 day and/or 2 yrs	same	same
$50,000 day and/or 2 yrs
(subs. off.)
plus 2 yrs (aggravating
circumstances)
* transp. or TSD in violation
$50,000 day and/or
2 yrs, and forfeit.
plus 2 yrs (agg.
circumstances)
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
	* transport to unpermitted
	facility (conscious disregard)
	* handle at location that lacks
	permit (conscious disregard)
	$50,000 day and/or 5 yrs
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
* violation not	With "gross negligence:"	* violation
otherwise enumerated		not otherwise
$100 and/or 90 days		enumerated
		$100 and/or
		90 days
	* dispose or arrange
	disposal in unpermitted
	location or in violation of
	material permit condition
	* deliver hw to
	unauthorized person
	* treatment or storage in
	violation or without permit
	* transp. other than to TSD
	* no manifest
	* no transp. lic.
	* false statement in application
	* false statement in record
	$15,000 and/or 1 yr
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
* illegal transp.		* illegal
		transp.
* TSD without		* TSD without
permit or in violation		permit or in
		violation
* violate order		* violate
$25,000 day and/or 1 yr		order
$50,000 day and/or		$25,000 day
6 yrs (subs off.)		and/or 1 yr
		$50,000 day
		and/or 6 yrs
		(subs. off.)
NEW HAMPSHIRE
NEW JERSEY
	* transport to unauthorized
	site
	* generate hw and cause or
	authorize transp. to
	unauthorized site
	* TSD without authorization
	* false statement
	$7,500 and/or 18 mos
	and restitution for damages
NEW MEXICO
* violation of imminent
hazard order
$5,000 day
NEW YORK
* violation	* violation	* violation
$25,000 day and/or 1 yr	$25,000 day and/or 1 yr	$25,000 day
$50,000 day and/or 2 yrs	$50,000 day and/or 2 yrs	and/or 1 yr
(subs. off.)	(subs. off.)	$50,000 day
		and/or 2 yrs
		(subs. off.)
	* unlawful possession of 200
	gallons hw
	$100,000 and/or 4 yrs
	* unlawful possession of 2500
	gallons hw
	$150,000 and/or 7 yrs
		* release of
		5 gallons hw
		$10,000
		and/or
		90 days
	* release of any amount hw	* release of
	$25,000 and/or 1 yr	acute hw,
		or more
		than 100
		gals. hw
		$25,000
		and/or 1 yr
	* release of acute hw, or more
	than 200 gals. hw, or more than
	100 gals. hw with
	risk of injury
	$100,000 and/or 4 yrs
	* release of acute hw w/injury
	* release of any amount hw
	where enters primary water
	supply
	$150,000 and/or 7 yrs
* release of acute
hw with risk of
injury
$200,000 and/or 15 yrs
* unlawful dealing in hw	* unlawful dealing in hw	* unlawful
$25,000 and/or 1 yr	$25,000 and/or 1 yr	dealing in hw
		$25,000
		and/or
		1 yr
* unlawful dealing in hw	* unlawful dealing in hw	* unlawful
(1st degree)	(1st degree)	dealing in hw
$100,000 and/or 4 yrs	$100,000 and/or 4 yrs	(1st degree)
		$100,000
		and/or
		4 yrs
NORTH CAROLINA
* discharge of haz. substance
$10,000 and/or 6 mos
NORTH DAKOTA
OHIO
	* violation
	$25,000 and/or 2-4 yrs
	$50,000 and/or 2-4 yrs
	(subs. off.)
OKLAHOMA
OREGON
PENNSYLVANIA
* unlawful TSD or	* unlawful TSD or transport
transport causing	causing "pollution, a public
"pollution, a public	nuisance, or bodily injury"
nuisance, or	$500,000 day and/or 2-20 yrs
bodily injury"
$500,000 day and/or 2-20 yrs
RHODE ISLAND
SOUTH CAROLINA
* violation
$25,000 day and/or 1 yr
$50,000 day and/or
2 yrs (subs. off.)
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
* violation
$1,000 and/or 1 yr
WASHINGTON
WEST VIRGINIA
WISCONSIN
* transport to facility
known to lack
permit
* TSD without permit
or in violation
of permit
* false statement
* destroy, alter,
conceal record
$25,000 day and/or 1 yr
$50,000 day and/or
2 yrs (subs. off.)
WYOMING
* violation
$25,000 day and/or 1 yr
$50,000 day and/or 2 yrs
(subs. off.)
*3*Hazardous Waste Crimes
*3*(Scienter, Offenses, and Penalties)
Intentional,	No Scienter	Statutory
Willful	Requirement	Cites
ALABAMA
* transport to		ALA. CODE
unpermitted site		§ 22-30-19(c)
* TSD without permit
* contaminate groundwater
without
permit
* false statement
* tamper with or fail
to maintain
document
* violation
$50,000 day and/or
1-10 yrs
$100,000 day and/or
2-20 yrs
(subs. convictions)
ALASKA
	* false statement re: release	ALASKA STAT.
	$25,000 day and/or 1 yr	§§ 46.03.790
		46.03.800
		46.03.810
ARIZONA
* transport to		ARIZ. REV. STAT.
unpermitted site		ANN. § 49-925
* generate and permit
transp. to
such site
* TSD without permit
$150,000 and/or 2 yrs
ARKANSAS
* impede or resist state	* violation	ARK. STAT. ANN.
officials in	* unlawful disposal	§§ 82-4212
their duties	* creation of public nuisance	82-4213(a), (d)
$1,000 and/or 30 days	$10,000 day and/or
	1 yr (5 yrs
	if defendant leaves state)
CALIFORNIA
* interference with	* violation	CAL. HEALTH &
enforcement	$1,000 day and/or 6 mos	SAFETY CODE
$1,000 day and/or 6 mos	$25,000 day and/or 1 yr	§§ 25186.5
$25,000 day and/or 2 yrs.	(subs. off.)	25189.5
(subs. off.)	* failure to file	25190.91
	discharge report	25195, 25197
	$1,000 day and/or 6 mos	25343
	* failure to file hazardous	25515, 25515.1
	subst. discharge report	25541
	(disch. to water)	CAL. WATER CODE
	$20,000 and/or 1 yr	§§ 13261, 13265
		13268, 13387
COLORADO
	* violation of	COLO. REV. STAT.
	county siting	§§ 18-1-106
	requirements	18-13-112
	$750 and/or 6 mos	25-15-211
		25-15-310
		29-22-101
		29-22-108
CONNECTICUT
* failure to manifest		CONN. GEN. STAT.
* destroy or conceal		ANN. § 22a-131a
record
$25,000 day and/or 1 yr
DELAWARE
* violation	* violation	DEL. CODE ANN.
$25,000 day and/or 1 yr	$500 day	tit. 7, §§ 6013
$50,000 day and/or 2 yrs		6309(f)-(h)
(subs. off.)
DISTRICT OF COLUMBIA
		D.C. CODE ANN.
		§ 6-711(c)
FLORIDA
		FLA. STAT. ANN.
		§ 403.727(3)(b)
GEORGIA
		GA. CODE ANN.
		§ 12-8-82
HAWAII
		HAW. REV. STAT.
		§ 342-11(d)
IDAHO
		IDAHO CODE
		§ 39-4415
ILLINOIS
	* violation	ILL. ANN. STAT.
	$1,000 and/or 1 yr	ch. 111 1/2,
		para. 1044(a)-(e)
INDIANA
* violation	* obstruction, delay,	IND. CODE. ANN.
$25,000 day and/or 2 yrs	resistance	§§ 13-7-13-1
$50,000 day and/or 2 yrs	to inspection	13-7-13-3
(subs. off.)	$500	13-7-13-4
plus 2 yrs (aggravating
circumstances)
* transp. or TSD in
violation
$50,000 day and/or 2
yrs, and forfeit.
plus 2 yrs (agg.
circumstances)
IOWA
		IOWA CODE ANN.
		§ 455B.417
KANSAS
	* place waste with	KAN. STAT. ANN.
	unpermitted	§ 65-3441
	facility
	* TSD without permit or in
	violation
	* violate permit
	* violate rule, order
	* fail to manifest properly
	* transport to
	unpermitted site
	* blend hw with residential
	fuel oil
	$2,500 and/or 1 yr
	* transport and dispose in
	violation
	$10,000 and/or 1-5 yrs
KENTUCKY
		KY. REV. STAT.
		ANN. § 224.994(6)
LOUISIANA
		LA. REV. STAT.
		ANN. §§ 30:1073F
		30:1137G
MAINE
	* violation	ME. REV. STAT.
	$25,000	ANN. tit. 38,
	* tamper with monitoring	§§ 349, 1306-A
	$10,000 or 6 mos
MARYLAND
	* transport to	MD. HEALTH-
	unpermitted site	ENVTL. CODE
	* TSD without permit	ANN. §§ 7-209
	* false information	7-249, 7-252,
	* authorize or direct	7-265, 7-267
	above offenses
	$100,000 day and/or 5 yrs
	* generator violations
	* transporter
	license violations
	$50,000 day and/or 3 yrs
	* violation
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
MASSACHUSETTS
	* violation	MASS. GEN. LAWS
	$25,000 day and/or 2 yrs	ANN. ch. 21C,
		§ 10
MICHIGAN
	* violation	MICH. COMP. LAWS
	* false statement	ANN. § 299.548
	$25,000 day and/or 1 yr
	$50,000 day and/or 2 yrs
	(subs. off.)
MINNESOTA
* violation not		MINN. STAT. ANN.
otherwise enumerated		§§ 115.071(2)(a)
$100 and/or 90 days		609.671(3)-(6)
MISSISSIPPI
		MISS. CODE. ANN.
		§ 17-17-29(5)
MISSOURI
		MO. REV. STAT.
		§ 260.425.3
MONTANA
	* TSD without permit	MONT. CODE ANN.
	* false statement	§ 75-10-418
	$10,000 day and/or 6 mos
	$20,000 day and/or 1 yr
	(subs. off.)
NEBRASKA
		NEB. REV. STAT.
		§ 81-1508(1)
NEVADA
* illegal transp.		NEV. REV. STAT.
* TSD without permit or		ANN. § 459.595
in violation
* violate order
$25,000 day and/or 1 yr
$50,000 day and/or 6
yrs.(subs off.)
NEW HAMPSHIRE
	* failure to	N.H. REV. STAT.
	report violation	ANN. §§ 147-A:11
	involving TSD	147-A:16
	$1,000 and/or 1 yr
	(felony if corp.)
NEW JERSEY
	* generate hw and cause	N.J. ADMIN. CODE
	transp., transport, or	tit. 7, § 26-7.3
	receive hw, without a	N.J. PENAL CODE
	manifest	tit. 2C, § 17-2
	$7,500 and/or 18 mos	N.J. STAT. ANN.
		§ 13:1E-9(g)-(i)
NEW MEXICO
* violation of imminent	* violation of regulation	N.M. STAT. ANN.
hazard order	not otherwise	§§ 74-1-10
$5,000 day	defined as a	74-4-11
	crime	74-4-13.B
	$500 and/or 6 mos
NEW YORK
* violation		N.Y. ENVTL.
$25,000 day and/or 1 yr		CONSERV. LAW
$50,000 day and/or 2		§§ 71-0914
yrs		71-2705
(subs. off.)		71-2707
		71-2709-2715
		71-2717
		71-2719
		71-2721
		71-2723
* release of acute hw
with risk of
injury
$200,000 and/or 15 yrs
* unlawful dealing in hw
$25,000 and/or 1 yr
* unlawful dealing in hw
(1st degree)
$100,000 and/or 4 yrs
NORTH CAROLINA
* discharge of haz.	* violation	N.C. GEN. STAT.
substance	misdemeanor	§§ 130A-25
$10,000 and/or 6 mos	(fine and/or 2 yrs)	143-215.92(b)
NORTH DAKOTA
		N.D. CENT. CODE
		§ 23-20.3-09(3)
OHIO
		OHIO REV. CODE
		ANN. § 3734.99
OKLAHOMA
	* violation	OKLA. STAT. ANN.
	$10,000 day and/or 6 mos	tit. 63, § 1-2011
OREGON
	* violation	OR. REV. STAT.
	$10,000 day and/or 1 yr	§ 466.995
PENNSYLVANIA
* unlawful TSD or	* violation	PA. STAT. ANN.
transport causing	$25,000 day and/or 1 yr	tit. 35, § 6018.606
"pollution, a public	$50,000 day and/or 2 yrs
nuisance, or	(subs. off.)
bodily injury"	* TSD without permit or in
$500,000 day and/or	violation of order
2-20 yrs	* transport without permit or
	in violation of order
	$100,000 day and/or 2-10 yrs
RHODE ISLAND
	* obstruction of inspection	R.I. GEN. LAWS
	$500	§§ 23-19.1-12
	* tamper with monitoring	23.19.1-18
	$10,000 day and/or 5 yrs
SOUTH CAROLINA
* violation		S.C. CODE ANN.
$25,000 day and/or 1 yr		§ 44-56-140
$50,000 day and/or 2
yrs (subs. off.)
SOUTH DAKOTA
	* false statement	S.D. CODIFIED LAWS
	$10,000 and/or 10 yrs	ANN. § 34A-11-21
TENNESSEE
	* violation	TENN. CODE ANN.
	$10,000 day and/or 11 mos,	§ 68-46-114
	29 days
TEXAS
		TEX. REV. CIV.
		STAT. ANN. art.
		4477-7, § 8(b)
UTAH
	* false statement	UTAH CODE ANN.
	$15,000 day	§ 26-14-13(2)
	$25,000 day (subs. off.)
VERMONT
	* violation	VT. STAT. ANN.
	$25,000 day and/or 6 mos	tit. 10, § 6612
VIRGINIA
* violation		VA. CODE ANN.
$1,000 and/or 1 yr		§ 10-310
WASHINGTON
	* violation	WASH. REV. CODE
	$10,000 day and/or 1 yr	ANN. § 70.105.090
WEST VIRGINIA
		W. VA. CODE
		§ 20-5E-15
WISCONSIN
* transport to facility		WISC. STAT. ANN.
known to lack		§ 144.74(3)-(4)
permit
* TSD without permit
or in violation
of permit
* false statement
* destroy, alter,
conceal record
$25,000 day and/or 1 yr
$50,000 day and/or 2
yrs (subs. off.)
WYOMING
* violation		WYO. STAT.
$25,000 day and/or 1 yr		§ 35-11-901(j), (k)
$50,000 day and/or 2
yrs
(subs. off.)

NOTE: In New York, the defendant may be fined double the amount of the economic gain from the crime if this amount is higher than the specified statutory fine. The defendant may, in addition, be required to pay all costs of unlawful disposal, abatement, and restoration.

1. Such states include Pennsylvania, New York, and Maryland. Pennsylvania, in particular, leads the states in the number of hazardous waste violators sentenced to significant prison terms in recent years.

2. Such states include Washington and Missouri.

3. The table does not reflect those general criminal laws, such as conspiracy, that may also be used in hazardous waste prosecutions, nor does it reflect state environmental crimes set out in other statutes specific to media other than hazardous waste, such as air or water. For a discussion of these other environmental crimes provisions, see Riesel, Criminal Prosecution and Defense of Environmental Wrongs, 15 ELR 10065 (1985).

4. The table identifies the scienter requirements set out in the statute. The effect of any judicial decisions interpreting the statutory scienter requirement is not shown. The no-scienter crimes are generally strict liability, although in a few states the courts may read into the statute an implied state of mind requirement. In most cases there is little reported case law.

5. Surprisingly, even some states generally deemed aggressive in the environmental area have hedged their criminal enforcement provisions in this manner. For example, Wisconsin requires the state to prove the "intentional" commission of offenses in order to convict, and has criminalized only a few narrow types of conduct. WIS. STAT. ANN. § 144.74(3)-(4). At least one state (Utah) provides no prison term for criminal violations, and provides for maximum criminal fines only marginally higher than its authorized civil penalties ($15,000 rather than $10,000/day). UTAH CODE ANN. § 26-14-13.

6. E.g., Pennsylvania, 35 PA. STAT. ANN. § 6018.606(a)-(c), (f); Michigan, MICH. COMP. LAWS ANN. § 299.548(2).

7. E.g., Wisconsin, supra, n.5; Wyoming, WYO. STAT. § 35-11-901(j).

8. E.g., MINN. STAT. § 609.671, amended 1987.

9. 42 U.S.C. § 6928(d)-(f), ELR STAT. RCRA 020.

10. South Carolina, Virginia, Wisconsin and Wyoming. Virginia has specified a few crimes that require only a "knowing" state of mind, however. South Carolina, Virginia, and Wisconsin are all RCRA-authorized states.

11. Pub. L. 98-616, 98 Stat. 3221 (1984).

17 ELR 10465 | Environmental Law Reporter | copyright © 1987 | All rights reserved