degree.

A person is guilty of unlawful release of regulated medical waste in the second degree when such person:

1. Knowingly or recklessly engages in conduct which causes the release to the environment of regulated medical waste which includes any quantity of regulated medical waste which is capable at the time of transport, or at any time thereafter, of causing disease, or physical injury; or

2. Knowingly or recklessly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than five hundred gallons or five thousand pounds, whichever is less, of regulated medical waste.

Unlawful release of regulated medical waste in the second degree is a class E felony.