2005 Federal Sentencing Guidelines
Chapter 2 - PART Q - OFFENSES INVOLVING THE ENVIRONMENT
§2Q1.3. Mishandling of Other Environmental Pollutants; Recordkeeping, Tampering, and Falsification
(a) Base Offense Level: 6
(b) Specific Offense Characteristics
(1) (A) If the offense resulted in an ongoing, continuous, or repetitive discharge, release, or emission of a pollutant into the environment, increase by 6 levels; or
(B) if the offense otherwise involved a discharge, release, or emission of a pollutant, increase by 4 levels.
(2) If the offense resulted in a substantial likelihood of death or serious bodily injury, increase by 11 levels.
(3) If the offense resulted in disruption of public utilities or evacuation of a community, or if cleanup required a substantial expenditure, increase by 4 levels.
(4) If the offense involved a discharge without a permit or in violation of a permit, increase by 4 levels.
(5) If a recordkeeping offense reflected an effort to conceal a substantive environmental offense, use the offense level for the substantive offense.