(a) As a result, recklessly causes substantial harm to human health or the environment; or
(b) Knowingly disregards the law in committing the violation.
(2) Unlawful water pollution in the first degree is a Class B felony.
(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful water pollution in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §10]