§ 71-2712. Endangering public health, safety or the environment in the

third degree.

A person is guilty of endangering public health, safety or the
environment in the third degree when:

1. He recklessly engages in conduct which causes the release of a
substance acutely hazardous to public health, safety or the environment;
or

2. He recklessly engages in conduct which causes the release of more
than two hundred gallons or two thousand pounds, whichever is less, of
an aggregate weight or volume of a substance hazardous to public health,
safety or the environment; or

3. He recklessly engages in conduct which causes the release of more
than one hundred gallons or one thousand pounds, whichever is less, of
an aggregate weight or volume of a substance hazardous to public health,
safety or the environment and such release creates a substantial risk
of physical injury to any person who is not a participant in the crime;
or

4. He or she knowingly engages in conduct which causes the release of
more than one hundred gallons or one thousand pounds, whichever is less,
of an aggregate weight or volume of a substance hazardous to public
health, safety or the environment; or

5. With intent to dispose of construction and demolition debris, he or
she intentionally engages in conduct that causes the unlawful disposal
or release of either ten cubic yards or more, or twenty thousand pounds
or more, of construction and demolition debris, as defined in section
71-2702 of this title.

Endangering public health, safety or the environment in the third
degree is a class E felony.