Home Table of Contents

§ 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
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 through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document