by Attorney Eric D. PuryearThe crime of Unlawful Disposal of Hazardous Waste in Iowa is defined by Iowa Code Section 716B.2 as follows:
1. A person commits the offense of unlawful disposal of hazardous waste when the person knowingly or with reason to know, disposes of hazardous waste or arranges for or allows the disposal of hazardous waste at any location other than one authorized by the department or the United States environmental protection agency, or in violation of any material term or condition of a hazardous waste facility permit.
2.
a. A person who commits the offense of unlawful disposal of hazardous waste is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both.b. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.
Enforcement of environment-related laws has risen in recent years. As a result more people find themselves prosecuted for conduct that they did not believe constituted a crime.
Those facing an Unlawful Disposal of Hazardous Waste charge in Iowa are well advised to exercise their right to remain silent, and seek an attorney at once. The charge is a serious one, with both prison time and the possibility of a very large fine for those who are convicted.