Iowa Code 716B.4 – Unlawful treatment or storage of hazardous waste — penalties
Current as of: 2023 | Check for updates
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1. A person commits the offense of unlawful treatment or storage of hazardous waste when the person knowingly or with reason to know, treats or stores hazardous waste without a permit issued pursuant to 42 U.S.C. § 6925 or §6926.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 716B.4
- Conviction: A judgement of guilt against a criminal defendant.
- Hazardous waste: means a hazardous waste as defined in section 455B. See Iowa Code 716B.1
- Person: means an agency of the state or federal government, a municipality, governmental subdivision, interstate body, public or private corporation, individual, partnership, or other entity, and includes an officer, or governing or managing body of a municipality, governmental subdivision, interstate body, or public or private corporation. See Iowa Code 716B.1
- Treatment: includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render the waste nonhazardous. See Iowa Code 716B.1
2. a. A person who commits the offense of unlawful treatment or storage of hazardous waste is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both.
b. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.