Any person who endangers the life or health of one or several persons by poisoning, polluting or dumping toxic or hazardous substances into wells, reservoirs, bodies of water, pipelines or runoff streams for human use and consumption shall incur a second degree felony.
If the acts enumerated under this offense are performed due to negligence, the offender shall incur a third degree felony.
For purposes of this section, the term “toxic or hazardous” shall include substances which are prejudicial to the health or which have destructive capabilities.
The court may also impose the penalty of restitution.
History —June 18, 2004, No. 149, § 241; Sept. 16, 2004, No. 338, § 10, eff. May 1, 2005.