1. (1) A person commits the crime of unlawful air pollution in the first degree if the person, in violation of ORS chapter 468A or any rule, permit, order or any applicable requirement adopted or issued under ORS chapter 468A, knowingly discharges, emits or allows to be discharged or emitted any air contaminant into the outdoor atmosphere, 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 air pollution 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 air 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 §7]