third degree.
A person is guilty of endangering public health, safety or the environment in the third degree when:
1. He recklessly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment; or
2. He recklessly engages in conduct which causes the release of more than two hundred gallons or two thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment; or
3. He recklessly engages in conduct which causes the release of more than one hundred gallons or one thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment and such release creates a substantial risk of physical injury to any person who is not a participant in the crime; or
4. He knowingly engages in conduct which causes the release of more than one hundred gallons or one thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment.
Endangering public health, safety or the environment in the third degree is a class E felony.