(1) Whosoever unlawfully, outside a facility authorised therefor or in substantial deviation from the proscribed or authorised procedure, collects, ships, treats, utilizes, stores, dumps, discharges, disposes of or trades in, brokers or otherwise commercialises waste which
1. contains or can generate poisons or carriers of diseases which are dangerous to the public and are communicable to persons or animals;
2. is carcinogenic in humans, has harmful reproductive effects or can cause alterations in the genetic make-up;
3. is prone to explode, spontaneously combustible, or of more than merely minor radioactive quality; or
4. because of its nature, composition or quantity is capable of:
(a) polluting or otherwise negatively and permanently altering a body of water, the air or the soil or
(b) endangering an existing population of animals or plants
shall be liable to imprisonment not exceeding five years or a fine.
(2) Whosoever ships into, out of or through the Federal Republic of Germany,
1. waste in significant amounts as defined by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006,1, L 318, 28.11.2008, 15), last amended by Regulation (EU) No 135/2012 (OJ L 46, 17.11.2012, 30), provided it is a case of illegal shipment under Article 2 No 35 of Regulation (EC) No 1013/2006, or
2. other waste contrary to a prohibition or without the required permit within the meaning of subsection (1) above,
shall incur the same penalty.
(3) Whosoever in violation of duties under administrative law fails to deliver radioactive waste shall be liable to imprisonment not exceeding three years or a fine.
(4) In cases under subsections (1) and (2) above the attempt shall be punishable.
(5) If the offender acts negligently the penalty
1. in cases under subsections (1) and (2) above shall be imprisonment not exceeding three years or a fine;
2. in cases under subsection (3) above shall be imprisonment not exceeding one year or a fine.
(6) The offence shall not be punishable if harmful effects on the environment, especially on persons, bodies of water, the air, the soil, useful animals or useful plants, are obviously excluded due to the small quantity of waste.