Page:United States Statutes at Large Volume 101 Part 1.djvu/74

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 44

"(I) the person is responsible only for actual awareness or actual belief that he possessed; and "(II) knowledge possessed by a person other than ^f the defendant but not by the defendant himself

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may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information; "(ii) it is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of— u ">/"(I) an occupation, a business, or a profession; or I"- i ' ' ^ u ';i "(II) medical treatment or medical or scientific , experimentation conducted by professionally apOl' proved methods and such other person had been made aware of the risks involved prior to giving consent; and such defense may be established under this subparagraph by a preponderance of the evidence; "(iii) the term 'organization' means a legal entity, -S^J.J ' other than a government, established or organized for any purpose, and such term includes a corporation, '"' company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and -' ' "(iv) the term 'serious bodily injury' means bodily injury which involves a substantial risk of death, ' ' unconsciousness, extreme physical pain, protracted •• and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. "(4) FALSE STATEMENTS.—Any person who knowingly makes Records. any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both. "(5) TREATMENT OF SINGLE OPERATIONAL UPSET.—For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. "(6)

33 USC 1362.

RESPONSIBLE CORPORATE OFFICER AS 'PERSON'.—For

the

purpose of this subsection, the term 'person' means, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. "(7) HAZARDOUS SUBSTANCE DEFINED.—For the purpose of this subsection, the term 'hazardous substance' means (A) any sub-