Section 5124 - Criminal penalty(a) IN GENERAL.-A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.(b) KNOWING VIOLATIONS.-For purposes of this section-(1) a person acts knowingly when-(A) the person has actual knowledge of the facts giving rise to the violation; or(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.(c) WILLFUL VIOLATIONS.-For purposes of this section, a person acts willfully when-(1) the person has knowledge of the facts giving rise to the violation; and(2) the person has knowledge that the conduct was unlawful.(d) RECKLESS VIOLATIONS.-For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person's conduct. Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109-59, title VII, §71217121,, 119 Stat. 1906.| HISTORICAL AND REVISION NOTES |
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5124 | 49 App.:1809(b). | Jan. 3, 1975, Pub. L. 93-633, §110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101-615, §12(b), 104 Stat. 3259. |
EDITORIAL NOTES
AMENDMENTS2005- Pub. L. 109-59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both."
- hazardous material
- "hazardous material" means a substance or material the Secretary designates under section 5103(a) of this title.