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§ 7-265. Specific offenses and penalties

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 2. Controlled Hazardous Substances (Refs & Annos)
Part VIII. Enforcement
MD Code, Environment, § 7-265
§ 7-265. Specific offenses and penalties
Currentness
Specific offenses
(a) A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both:
(1) Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;
(2) Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a controlled hazardous substance facility for which a current facility permit is in effect;
(3) Falsifying any information required by the Department under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; or
(4) Authorizing, directing, or permitting any offense listed in this section.
Other offenses
(b) A person who is convicted of violating the following sections of this subtitle or any regulation adopted under the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment for not more than 3 years, or both:
(1) § 7-209 of this subtitle;
(2) § 7-249 of this subtitle; or
(3) § 7-252 of this subtitle.
Separate offenses for each day
(c) Each day on which a violation occurs constitutes a separate offense under this section.
Violation of § 7-265(a); imminent danger of death or serious bodily injury
(d)(1) Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.
(2) For the purposes of this subsection, in determining whether a person's state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under § 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. § 6928(f)) shall apply.

Credits

Added by Acts 1982, c. 240, § 2. Amended by Acts 1982, c. 491; Acts 1986, c. 609; Acts 1986, c. 768; Acts 1991, c. 154; Acts 1992, c. 22, § 1.
MD Code, Environment, § 7-265, MD ENVIR § 7-265
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document