Section 147-A:16-a Knowing Endangerment; Penalties.
I. Any person who treats, stores, transports, causes to be transported, disposes of or otherwise handles any hazardous waste in knowing violation of any material condition or requirement of such permit or in knowing violation of any material condition or requirement of any applicable regulations or standards and any person who knowingly:
(a) Transports or causes to be transported any hazardous waste to an unpermitted facility;
(b) Treats, stores or disposes of any hazardous waste without a permit;
(c) Omits material information or makes any false material statement or representation in any application, label, manifest, records, report, permit or other document filed, maintained or used for purposes of compliance with regulations promulgated by the department;
(d) Generates, stores, treats, transports, disposes of, exports or otherwise handles any hazardous waste 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 regulations promulgated by the department;
(e) Transports or causes to be transported any hazardous waste without a manifest; or
(f) Exports a hazardous waste:
(1) without the consent of the receiving country, or
(2) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export and enforcement procedures for the transportation, treatment, storage and disposal of hazardous wastes, in a manner which is not in conformance with such agreement and who knew at the time that another person would thereby be placed in imminent danger of death or serious bodily injury shall be guilty of knowing endangerment.
II. A natural person found guilty of knowing endangerment shall be guilty of a class A felony and, notwithstanding the provisions of RSA 651:2, may be fined not more than $250,000 in addition to any sentence of imprisonment, probation or conditional discharge. Any other person found guilty of knowing endangerment shall be guilty of a felony and subject to a fine of not more than $1,000,000.
III. In this section, ""hazardous waste'' means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:
(a) Which, because of either quantity, concentration, or physical, chemical or infectious characteristics may:
(1) cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
(2) pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged; or
(b) Which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.
Source. 1993, 159:3. 1996, 228:106, 107, eff. July 1, 1996.