Section 71-2712. Endangering public health, safety or the environment in the third degree  


Latest version.
  • 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.