468.946
Unlawful water pollution in the first degree. (1) A person commits the crime of unlawful water
pollution in the first degree if the person, in violation of ORS chapter 468B
or any rule, standard, license, permit or order adopted or issued under ORS
chapter 468B, knowingly discharges, places or causes to be placed any waste
into the waters of the state or in a location where the waste is likely to
escape or be carried into the waters of the state and:
(a) As a result,
recklessly causes substantial harm to human health or the environment; or
(b) Knowingly
disregards the law in committing the violation.
(2) Unlawful
water pollution in the first degree is a Class B felony.
(3)
Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second
conviction for unlawful water pollution in the first degree within a five-year
period, the court may require the defendant to pay an amount, fixed by the
court, not exceeding $200,000 in addition to any other sentence imposed under
subsection (2) of this section. [1993 c.422 §10]
Notes of Decisions
Cited in
3
cases, 1999–2007 · leading case:
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
· cites it 4× “See also ORS 468.946(3) ("Upon a second conviction for unlawful water pollution in the first degree within a five-year period," a court may impose a fine in addition to other allowable sentence.”
State v. Peekema, 976 P.2d 1128 (Or. 1999).
· cites it 2× “926, and two counts of unlawful water pollution in the first degree, ORS 468.946. 2 All of those crimes are felonies.”
State v. Stevens Equip. Co., 998 P.2d 1278 (Or. Ct. App. 2000).
“926, two counts of unlawful water pollution in the first degree, ORS 468.946, and two counts of unlawful storage of hazardous waste in the first degree.”
— Or. Rev. Stat. § 468.946(3) — 1 case
State v. Rodriguez, 175 P.3d 471 (Or. Ct. App. 2007).
“See also ORS 468.946(3) ("Upon a second conviction for unlawful water pollution in the first degree within a five-year period," a court may impose a fine in addition to other allowable sentence.”
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