|
|
Rep. Douglas G. Reichley Pennsylvania Attorney General Tom Corbett stood with me at a press conference I held this week to announce two bills I will be introducing to strengthen the penalties for environmental crimes. The legislation will enable state prosecutors to go after violators of state environmental laws more aggressively than under the current law. Current penalties do not do enough to prevent pollution across the Commonwealth. The threat of eco-terrorism in Pennsylvania is real. Stronger penalties are needed to discourage reckless or intentional pollution. My bills increase the penalty for some environmental crimes to third degree felonies, and better enable the attorney general to prosecute environmental law violators. Fines and penalties in current law for significant solid waste pollution incidents are third-degree misdemeanors. Offenses involving hazardous solid waste are currently graded as either a felony of the second degree or a felony of the first degree. The bills I am introducing will strengthen state law and bring it into compliance with those in other states and with federal statutes. A.G. Corbett has joined me in this effort because he believes that it is important we send a clear message to polluters that Pennsylvania is not a dumping ground for their waste. These amendments will enhance our efforts to investigate and prosecute environmental crimes across our state, and also ensure that their punishment fits the crime. HB2043 increases criminal penalties for violations of the Solid Waste Management Act. A new section creates a third-degree felony that applies to intentional, knowing or reckless solid waste pollution. A violation of the act would be graded based on the volume of the pollution. Pollution resulting in 100 to 500 cubic yards discharge would be punishable as a first-degree misdemeanor, with a penalty of a fine of $2,500 to $25,000 and imprisonment of up to five years. A discharge of more than 500 cubic yards would be graded a felony of the third degree, with a $5,000 to $50,000 fine and a prison term of no more than seven years. Violations of less than 100 cubic yards would be third-degree misdemeanors regardless of the offender's intent. One hundred cubic yards is the equivalent of 50 pickup truck loads; 500 cubic yards is about as much as five tractor trailer loads. HB2042 strengthens penalties in the Clean Streams Law and establishes a statute of limitations of five years. Negligent violations of the act would be a second-degree misdemeanor and carry a penalty of up to two years in prison. The fine remains at $2,500 to $25,000 per violation for each separate offense. Subsequent violations are graded first-degree misdemeanors with penalties of $5,000 to $50,000 fine and five years in jail. A new section creates a third-degree felony for intentional or knowing violations of the Clean Streams Law carrying a penalty of $5,000 to $50,000 and a jail term of up to seven years. Terrorists could conceivably attack our state's waterways with biological or chemical contaminants. Stiff penalties need to be in place to protect the Commonwealth's drinking water and environment. CapNews Guest Speaker: Archives |
