The crime of Unlawful Transportation of Hazardous Waste is defined in Iowa by Iowa Code Section 716B.3 as shown below:
1. A person commits the offense of unlawful transportation of hazardous waste when the person knowingly or with reason to know, transports or causes to be transported any hazardous waste to any location other than a facility that is authorized to receive, treat, store, or dispose of the hazardous waste under rules adopted pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 6992.
a. A person who commits the offense of unlawful transportation 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.
Across the country, there has been a rise in the enforcement of environmental laws, and a corresponding increase in prosecutions. That means that a person may find themselves facing a rather surprising Unlawful Transportation of Hazardous Waste Charge in Iowa.
A conviction for Unlawful Transportation of Hazardous Waste Charges in Iowa can result in a prison term of 2 years for a first conviction, and 5 years for a subsequent conviction. As such, the case is a serious one that must be handled properly.