Page:United States Statutes at Large Volume 94 Part 2.djvu/1062

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2340

42 USC 6925, ^^26. 33 USC 1411.

PUBLIC LAW 96-482—OCT. 21, 1980

after the Administrator's notification," and by inserting "immediately or" after "compliance"; (2) in subsection (a)(2), by striking "thirty days"; (3) in subsection (b), by striking "or any suspension or revocation of a permit" and "or notice of the suspension or revocation"; (4) in subsection (c), by inserting "may include a suspension or revocation of a permit issued under this subtitle, and" after "Any order issued under this section"; and (5) by striking out subsection (d) and substituting: "(d) CRIMINAL PENALTIES.—Any person who— "(1) knowingly transports any hsizardous waste identified or listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052), "(2) knowingly treats, stores, or disposes of any hazardous waste identified or listed under this subtitle either— "(A) without having obtained a permit under section 3005 (or 3006 in the case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052); or "(B) in knowing violation of any material condition or requirement of such permit; "(3) knowingly 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 this subtitle; or "(4) knowingly generates, stores, treats, transports, disposes of, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, or conceals any record required to be maintained under regulations promulgated by the Administrator under this subtitle shall, upon conviction, be subject to a fine of not more than $25,000 ($50,000 in the case of a violation of paragraph (1) or (2)) for each day of violation, or to imprisonment not to exceed one year (two years in the case of a violation of paragraph (1) or (2)), or both. If the conviction 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 $50,000 per day of violation, or by imprisonment for not more than two years, or by both. "(e) KNOWING ENDANGERMENT.—Any person who knowingly transports, treats, stores, or disposes of any hazardous waste identified or listed under this subtitle— "(1)(A) in violation of paragraphs (1) or (2) of subsection (d) of this section, or "(B) having applied for a permit under section 3005 or 3006, and knowingly either— "(i) has failed to include in his application material information required under regulations promulgated by the Administrator, or "(ii) fails to comply with the applicable interim status regulations and standards promulgated pursuant to this subtitle, who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, and "(2)(A) if his conduct in the circumstances manifests an unjustified and inexcusable disregard for human life, or