Database of Legislation

Section 324 Water pollution
(1) Whoever, without being authorised to do so, contaminates a body of water or otherwise negatively alters its properties incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(2) The attempt is punishable.
(3) If the offender acts negligently, the penalty is imprisonment for a term not exceeding three years or a fine. Section 324a Soil pollution

Section 324a Soil pollution
(1) Whoever, in breach of duties under administrative law, introduces, allows substances to penetrate or releases substances into the soil, and thereby contaminates it or otherwise negatively alters it
1. in a manner which is capable of causing damage to the health of another, to animals or plants, other property of significant value or a body of water or
2. to a significant extent,
incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(2) The attempt is punishable.
(3) If the offender acts negligently, the penalty is imprisonment for a term not exceeding three years or a fine.

Section 325 Air pollution
(1) Whoever, in the operation of a facility, in particular a plant or machine, in breach of duties under administrative law, causes alterations of the air which are capable of causing damage to the health of another, to animals or plants or other property of significant value outside the area belonging to the facility incurs a penalty of imprisonment for a term not exceeding five years or a fine. The attempt is punishable.
(2) Whoever, in the operation of a facility, in particular a plant or machine, in breach of duties under administrative law, releases harmful substances in significant amounts into the air outside the grounds of the facility incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(3) Whoever, in breach of duties under administrative law, releases harmful substances in a significant amount into the air incurs a penalty of imprisonment for a term not exceeding three years or a fine, unless the offence is subject to a penalty under subsection (2).
(4) If, in the cases under subsections (1) and (2), the offender acts negligently, the penalty is imprisonment for a term not exceeding three years or a fine.
(5) If, in the cases under subsection (3), the offender acts recklessly, the penalty is imprisonment for a term not exceeding one year or a fine.
(6) ‘Harmful substances’ within the meaning of subsections (2) and (3) are substances which are capable of
1. causing damage to the health of another, to animals or plants or other property of significant value or
2. permanently contaminating or otherwise negatively and permanently altering a body of water, the air or soil.
(7) Subsection (1), also in conjunction with subsection (4), does not apply to motor vehicles, railway vehicles, aircraft or watercraft.

Section 326 Unauthorised waste management
(1) Whoever, without being authorised to do so, outside a facility which is authorised therefor or in substantial deviation from the prescribed or authorised procedure, collects, ships, treats, utilises, stores, deposits, discharges, disposes of or trades in, brokers or otherwise commercialises waste which
1. contains or can produce poisons or disease agents which constitute a public danger and can be communicated to humans or animals,
2. is carcinogenic, mutagenic or toxic to reproduction in humans,
3. is prone to explode, is spontaneously combustible or of more than merely minor radioactive quality or
4. because of its nature, composition or quantity is capable of a) permanently contaminating or otherwise negatively altering a body of water, the air or soil or b) endangering an animal or plant population
incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(2) Whoever, contrary to a prohibition or without the required permit, ships into, out of or through the area of territorial scope of this statute waste within the meaning of subsection (1) incurs the same penalty.
(3) Whoever, in breach of duties under administrative law, fails to deliver radioactive waste incurs a penalty of imprisonment for a term not exceeding three years or a fine.
(4) In the cases under subsections (1) and (2), the attempt is punishable.
(5) If the offender acts negligently, the penalty
1. in the cases under subsections (1) and (2) is imprisonment for a term not exceeding three years or a fine,
2. in the cases under subsections (3) is imprisonment for a term not exceeding one year or a fine.
(6) The act does not entail criminal liability if harmful effects on the environment, in particular on humans, bodies of water, the air, the soil, livestock or agricultural crops, are obviously ruled out on account of the small quantity of waste involved.

Section 328 Unauthorised handling of radioactive substances and other hazardous substances and goods
(1) Whoever produces, stores, transports, treats, processes or otherwise uses, imports or exports
1. nuclear fuels without the required permit or contrary to an enforceable prohibition or
2. other radioactive substances which by their nature, composition or quantity are capable of causing another’s death or serious damage to another’s health or of causing serious damage to animals or plants, bodies of water, the air or soil through ionising radiation, without the required permit or contrary to an enforceable prohibition
incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(2) Whoever
1. fails to deliver nuclear fuels which they are obliged promptly to deliver on the basis of the Atomic Energy Act (Atomgesetz),
2. delivers nuclear fuels or the substances referred to in subsection (1) no. 2 to unauthorised persons or procures their delivery to unauthorised persons,
3. causes a nuclear explosion or
4. induces another to commit one of the offences referred to in no. 3 or supports such an activity
incurs the same penalty.
(3) Whoever, in breach of duties under administrative law,
1. in the operation of a facility, in particular a plant or technical installation, stores, treats, processes or otherwise uses radioactive substances or hazardous substances and mixtures under Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1), as last amended by Regulation (EC) No 790/2009 (OJ L 235, 5.9.2009, p. 1) or
2. transports, ships, packs, unpacks, loads or unloads, receives from or gives to another hazardous goods, and thereby endangers the health of another, animals or plants, bodies of water, the air or soil, or property of significant value belonging to another incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(4) The attempt is punishable.
(5) If, in the cases under subsection (1), the offender acts negligently, the penalty is imprisonment for a term not exceeding three years or a fine.
(6) Subsections (4) and (5) do not apply to acts referred to in subsection (2) no. 4.

Section 329 Endangering protected areas
(1) Whoever, contrary to a statutory instrument enacted on the basis of the Emission Control Act relating to an area which requires special protection against harmful environmental impacts through air pollution or noise or in which a great increase in harmful environmental impacts can be expected during periods of thermal inversion, operates facilities within the area incurs a penalty of imprisonment for a term not exceeding three years or a fine. Whoever operates facilities in such an area contrary to an enforceable order issued on the basis of a statutory instrument as referred to in sentence 1 incurs the same penalty. Sentences 1 and 2 do not apply to motor vehicles, railway vehicles, aircraft or watercraft.
(2) Whoever, contrary to a statutory instrument or an enforceable prohibition enacted to protect a water or mineral spring conservation area,
1. operates in-plant facilities relating to the handling of substances posing a water hazard,
2. operates pipeline facilities to transport substances which pose a water hazard or transports such substances or
3. mines gravel, sand, clay or other solid substances within the framework of a commercial operation
incurs a penalty of imprisonment for a term not exceeding three years or a fine. A facility of a public enterprise is also an in-plant facility within the meaning of sentence 1.
(3) Whoever, contrary to a statutory instrument or an enforceable prohibition enacted to protect a nature conservation area, an area provisionally set aside as a nature conservation area or a national park,
1. mines or extracts mineral resources or other soil components,
2. makes excavations or deposits,
3. creates, alters or removes bodies of water,
4. drains moors, swamps, marshes or other wetlands,
5. clears woodland,
6. kills, catches, hunts or destroys or removes, in whole or in part, the eggs of animals of a specially protected species within the meaning of the Federal Nature Conservation Act (Bundesnaturschutzgesetz),
7. damages or removes plants of a specially protected species within the meaning of the Federal Nature Conservation Act or
8. erects a building, and thereby significantly interferes with the specific protected purpose, incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(4) Whoever, in breach of duties under administrative law, causes substantial damage in a Natura 2000 Area
1. to the habitat of a species listed in Annex I to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) or in Annex II of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as last amended by Council Directive 2013/17/EU (OJ L 158, 10.06.2013, p. 193) or
2. to a type of natural habitat listed in Annex I of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as last amended by Council Directive 2013/17/EU (OJ L 158, 10.06.2013, p. 193) which is of relevance to the conservation aims or the protective aim of such an area incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(5) If the offender acts negligently, the penalty
1. in the cases under subsections (1) and (2) is imprisonment for a term not exceeding two years or a fine,
2. in the cases under subsection (3) is imprisonment for a term not exceeding three years or a fine.
(6) If, in the cases under subsection (4), the offender acts recklessly, the penalty is imprisonment for a term not exceeding three years or a fine.

Section 330 Especially serious offences against environment
(1) In especially serious cases of an intentional offence under sections 324 to 329, the penalty is imprisonment for a term of between six months and 10 years. An especially serious case typically occurs where the offender
1. interferes with a body of water, the soil or a conservation area within the meaning of section 329 (3) in such a manner that the interference cannot be eliminated or only at extraordinary expense or after a lengthy period of time,
2. endangers the public water supply,
3. permanently damages a population of animals or plants of a strictly protected species,
4. acts out of avarice.
(2) Whoever, by committing an intentional offence under sections 324 to 329,
1. places another person in danger of death or at risk of serious damage to health or places a large number of people at risk of damage to health or
2. causes another person’s death,
incurs a penalty of imprisonment for a term of between one year and 10 years in the cases under no. 1, imprisonment for a term of at least three years in the cases under no. 2, unless the act is subject to a penalty under section 330a (1) to (3).
(3) In less serious cases under subsection (2) no. 1, the penalty is imprisonment for a term of between six months and five years, in less serious cases under subsection (2) no. 2 imprisonment for a term of between one year and 10 years.