§ 5124. Criminal penalty

• (a) 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) 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) 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) 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.