49 U.S.C. § 5124

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
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.

49 U.S.C. § 5124

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 NOTE
Revised SectionSource (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.