A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42 United States Code section 11002(a)(2) or any hazardous air pollutant and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a class 2 felony. For any air pollutant for which the administrator or director has established a standard by regulation or in a permit, a release of such pollutant in accordance with that standard shall not constitute a violation of this subsection. For purposes of determining whether a defendant who is an individual knew that the violation placed another in imminent danger of serious bodily injury both of the following shall apply:

1. 1. The defendant is responsible only for actual awareness or actual belief possessed.

2. 2. Knowledge possessed by another person but not by the defendant may not be attributed to the defendant.

   Notwithstanding paragraphs 1 and 2 of this subsection, circumstantial evidence, including evidence that the defendant took affirmative steps to be shielded from relevant information, may be used to prove knowledge.

G. A person who operates a source that is required to have a permit issued pursuant to this article and that is subject to a material permit condition other than an emission standard identified in subsection C of this section, and who knowingly violates such permit condition is guilty of a class 6 felony. For purposes of this subsection a material permit condition means a permit condition determined by the director by rule to be material after considering the following criteria:

1. 1. The effect of the permit condition on public health and the environment.
2. 2. The effect of the permit condition on the department's ability to enforce the permit program.
3. 3. The effect of noncompliance with the permit condition on emissions.

4. 4. The effect of the permit condition on the director's ability to determine a source's compliance status.

   The director shall adopt the rules required by this subsection and section 49-514, subsection G by November 1, 1993.

L. A person who acting with criminal negligence does any of the following is guilty of a class 1 misdemeanor:

1. 1. Violates a permit condition not described in subsection C or G of this section.
2. 2. Violates an opacity standard, unless the opacity standard is required by section 111 or title I, part C or D, of the clean air act.
3. 3. Violates a fee or filing requirement established both under this article and under title V of the clean air act.
4. 4. Violates any other provision of this article for which a penalty is not otherwise prescribed.

O. In determining the amount of a fine under this section, the court shall consider all of the following:

1. 1. The seriousness of the violation.
2. 2. As an aggravating factor only, the economic benefit, if any, resulting from the violation.
3. 3. Any history of that violation.
4. 4. Any good faith efforts to comply with the applicable requirements.
5. 5. The economic impact of the penalty of the violator.
6. 6. The duration of the violation as established by any credible evidence including evidence other than the applicable test method.
7. 7. Payment by the violator of penalties previously assessed for the same violation.
8. 8. Other aggravating and mitigating factors as the court deems relevant.

P. It shall be an affirmative defense to any prosecution under subsection A of this section that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of either of the following:

1. 1. An occupation, business or profession.
2. 2. Medical treatment or medical or scientific experimentation conducted by professionally approved methods provided that the person endangered was made aware of the risk involved in the treatment or experimentation prior to giving consent.

Q. It shall be an affirmative defense to any prosecution for violation of an emission standard or opacity standard under subsection C or G or subsection L, paragraph 1, 2 or 4 of this section that both of the following conditions were satisfied:

1. 1. The violation was reported by verbal or facsimile notification to the director within twenty-four hours after the source first learned of the violation.

2. 2. The owner or operator of the source provided written notification to the director containing all of the following information within seventy-two hours following the verbal or facsimile notification:

   1. (a) Confirmation of the violation for which verbal or facsimile notification was provided.

   2. (b) Identification of the practicable corrective measures that have been undertaken or will be undertaken to control and minimize emissions until compliance with the applicable standard is achieved.

      In the case of continuous or recurring violations, the notification requirement shall be satisfied if the source provides the required notification after violations are first detected and includes in such notification an estimate of the time the violations will continue. Violations occurring after the estimated time period shall require additional notification pursuant to the first sentence of this paragraph.