49-263.02. Sewage sludge program; violation; classification

A. It is unlawful for any person, knowingly or with criminal negligence to do any of the following with respect to generation, treatment, transportation, disposal, application and management of sewage sludge:

1. Apply sewage sludge in violation of rules adopted under article 3.1 of this chapter.

2. Violate any applicable standard or limitation set under article 3.1 of this chapter.

3. Violate any condition of a permit or other authorization granted under the sewage sludge provisions of article 3.1 of this chapter.

4. Fail to comply with any applicable filing or reporting requirement set under article 3.1 of this chapter.

5. Alter, modify or destroy any monitoring device or method required by the director under article 3.1 of this chapter in order to render the device or method inaccurate.

6. Fail to maintain, operate or repair any monitoring device required by the director under article 3.1 of this chapter in order to render the device inaccurate , or fail to install any monitoring device required in a permit issued pursuant to article 3.1 of this chapter .

7. Discharge without a permit or appropriate authority pursuant to article 3.1 of this chapter.

B. A criminally negligent violation of subsection A, paragraphs 1 through 6 of this section is a class 1 misdemeanor.

C. A knowing violation of subsection A, paragraph 5, 6 or 7 of this section is a class 5 felony.

D. Each day of violation of any provision of this section constitutes a separate offense.

E. The attorney general may enforce this section.