Section 7-265 - Specific offenses and penalties. - Maryland Statutes

§ 7-265. Specific offenses and penalties.
 

(a)  Specific offenses.- 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. 

(b)  Penalties for violation.- 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. 

(c)  Separate offense for each day.- Each day on which a violation occurs constitutes a separate offense under this section. 

(d)  Knowing violations; penalties.-  

(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. 
 

[NR § 8-1413.2; 1982, ch. 240, § 2; ch. 491; 1986, chs. 609, 768; 1991, ch. 154; 1992, ch. 22, § 1.]