degree.

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

1. Knowingly 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 serious physical injury or death to any person who is not a participant in the crime; or

2. Knowingly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than one thousand gallons or ten thousand pounds, whichever is less, of an aggregate weight or volume of regulated medical waste.

Unlawful release of regulated medical waste in the first degree is a class D felony.