§ 71-2712. Endangering public health, safety or the environment in the\n third degree.\n A person is guilty of endangering public health, safety or the\nenvironment in the third degree when:\n 1. He recklessly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment;\nor\n 2. He recklessly engages in conduct which causes the release of more\nthan two hundred gallons or two thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment; or\n 3. He recklessly engages in conduct which causes the release of more\nthan one hundred gallons or one thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment and such release creates a substantial risk\nof physical injury to any person who is not a participant in the crime;\nor\n 4. He or she knowingly engages in conduct which causes the release of\nmore than one hundred gallons or one thousand pounds, whichever is less,\nof an aggregate weight or volume of a substance hazardous to public\nhealth, safety or the environment; or\n 5. With intent to dispose of construction and demolition debris, he or\nshe intentionally engages in conduct that causes the unlawful disposal\nor release of either ten cubic yards or more, or twenty thousand pounds\nor more, of construction and demolition debris, as defined in section\n71-2702 of this title.\n Endangering public health, safety or the environment in the third\ndegree is a class E felony.\n
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