CRIMINAL PENALTY.

SEC. 7121. CRIMINAL PENALTY. Section 5124 is amended to read as follows:“§ 5124. Criminal penalty“(a) In General.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.“(b) Knowing Violations.—For purposes of this section—“(1) a person acts knowingly when—“(A) the person has actual knowledge of the facts giving rise to the violation; or“(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and“(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.119 STAT. 1907“(c) Willful Violations.—For purposes of this section, a person acts willfully when—“(1) the person has knowledge of the facts giving rise to the violation; and“(2) the person has knowledge that the conduct was unlawful.“(d) Reckless Violations.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.” .