SENATE BILL REPORT

SB 6009

BYSenator Kreidler

Increasing penalties for violations of environmental protection laws.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 5, 1987

Senate Staff:Gary Wilburn (786-7453)

AS OF MARCH 5, 1987

BACKGROUND:

Violation of state water pollution laws and hazardous waste management laws are punishable as a gross misdemeanor, a maximum fine of $10,000 per day or one year in jail, or both, for each day of violation.  Violation of air pollution laws is punishable as a misdemeanor, with a maximum fine of $1,000 per violation and 90 days imprisonment, or both.

SUMMARY:

Knowing violations of state air pollution laws are punishable as a class C felony.  Individuals convicted of violations may receive the maximum fine of $50,000 and imprisonment of five years, or both, for each day of violation.  A person other than an individual, such as corporations, may receive a maximum fine of $100,000.  Defenses to criminal charges are provided for acts of God or unavoidable upset or breakdown, or significant violation of emission limitations.  Criminal penalties collected are to be apportioned between local government and state government, the latter to be deposited in the general fund, with a set aside of $250 for deposit in the environmental enforcement training account.

Violations of hazardous waste laws are punishable as a gross misdemeanor.  Individuals convicted may be fined a maximum of $25,000, or imprisoned for one year, or both, for each day of violation.  A person other than an individual may be fined a maximum of $35,000.  Increased penalties are provided for subsequent convictions.  Persons knowingly transporting, treating, storing, or disposing of hazardous waste without a permit or in violation of a permit, or handling such waste while knowingly destroying records required for compliance with hazardous waste management laws, is guilty of a class C felony.  A maximum fine of $125,000 and imprisonment not to exceed five years is provided for individuals convicted for each day of violation.  A person other than an individual may be fined $250,000 for each day of violation.

A person who knowingly transporting, treating, storing, handling, disposing of or exporting hazardous waste, who knows that another person is placed in imminent danger of death or serious bodily injury may be convicted of a class B felony.  Penalties of $250,000 and imprisonment not to exceed ten years is provided for individuals convicted of such offenses.  A person other than an individual may be fined not more than $500,000.

Criminal penalties collected for violations of hazardous waste laws are to be apportioned between local and state government, the latter to be deposited in the hazardous waste control and elimination account in the general fund.  A $250 set-aside for deposit in the environmental enforcement training account is created, which may be appropriated for hazardous waste and materials inspection and enforcement personnel.

Persons negligently violating state water pollution control laws are guilty of a gross misdemeanor.  Individuals may be fined not more than $25,000 and imprisoned for up to one year, or both, for each day of violation.  A person other than an individual may be fined $30,000 for each day of violation.  Increased penalties for subsequent convictions are provided.

A person knowingly violating state water pollution control laws is guilty of a class C felony.  Individuals may be fined $125,000 and imprisoned for up to five years, or both, for each day of violation.  A person other than an individual may be fined up to $250,000.  Defenses for acts of God,  unavoidable upset, or insignificant violations of effluent limitations is provided.  Criminal penalties shall be allocated between local and state government, the latter to be deposited in the coastal protection fund.  A $250 set-aside is created for deposit in the environmental enforcement training account, which may be expended to support training of inspection and enforcement personnel in the investigation and prosecution of environmental crimes.

Fiscal Note:      requested