1. (1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and:

   1. (a) As a result, recklessly causes substantial harm to human health or the environment; or
   2. (b) Knowingly disregards the law in committing the violation.
2. (2) Unlawful disposal, storage or treatment of hazardous waste in the first degree is a Class B felony.
3. (3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful disposal, storage or treatment of hazardous waste 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 §2]