Enhance Penalties Water Quality Criminal Violations

Current law specifies that a person who commits criminal pollution of state waters that is committed:

• With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and
• Knowingly or intentionally is subject to a maximum daily fine of $25,000.

Section 1 of the bill makes a:

• Criminally negligent or reckless violation a misdemeanor and increases the penalty to $25,000, imprisonment of up to one year, or both; and
• Knowing or intentional violation a class 5 felony and increases the penalty to $50,000, imprisonment of up to 3 years, or both.

Current law specifies that a person who knowingly makes any false representation in a required record or who knowingly renders inaccurate any required water quality monitoring device or method is guilty of a misdemeanor and is subject to a fine of not more than $10,000, imprisonment in the county jail for not more than 6 months, or both. Section 2 makes these violations a class 5 felony and specifies that if 2 separate offenses occur in 2 separate occurrences during a period of 2 years, the maximum fine and imprisonment for the second offense are double the default amounts.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)