(a) Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree, unlawful transport of hazardous waste in the first degree, unlawful air pollution in the first degree or unlawful water pollution in the first degree; and
(b) As a result, places another person in imminent danger of death or causes serious physical injury.
(2) Environmental endangerment is a felony punishable:
(a) If the defendant is an individual and notwithstanding ORS 161.625, by imprisonment of not more than 15 years, a fine of not more than $1,000,000, or both.
(b) If the defendant is other than an individual and notwithstanding ORS 161.625, by a fine of not more than $2,000,000.
(c) Notwithstanding ORS 161.625, in the case of a second or subsequent conviction under this section, by imprisonment of not more than 30 years, a fine of not more than $5,000,000, or both.
(3) As used in this section, "serious physical injury" has the meaning given in ORS 161.015. [1993 c.422 §13]