(1) Whosoever without the required permit or contrary to an enforceable injunction
1. operates a nuclear facility, possesses an operational or decommissioned nuclear facility or in whole or in part dismantles such a facility or substantially modifies its operation; or
2. substantially modifies a plant in which nuclear fuels are used or its location
shall be liable to imprisonment not exceeding five years or a fine.
(2) Whosoever operates
1. a facility which requires a permit or any other facility within the meaning of the Federal Emission Control Act the operation of which has been prohibited in order to prevent danger;
2. a pipeline facility for the transportation of water-endangering substances within the meaning of the Law on Environmental Impact Assessment which requires a permit ; or
3. a waste disposal facility within the meaning of the Recycling and Waste Act, or
4. a sewage treatment facility under section 60(3) of the Federal Water Act,
without the permit or planning approval required by the respective statute or contrary to an enforceable injunction based on the respective statute shall be liable to imprisonment not exceeding three years or a fine. The same penalty shall apply to a person who, without the required permit or planning approval or contrary to an enforceable injunction operates a facility in another Member State of the European Union, in which harmful substances or mixtures are stored or used or in which dangerous activities are carried out in a manner capable of harming the life or limb of another person or of causing serious damage to animals, plants, bodies of water, the air or soil outside the facility,
(3) If the offender acts negligently the penalty
1. in cases under subsection (1) above shall be imprisonment not exceeding three years or a fine;
2. in cases under subsection (2) above shall be imprisonment not exceeding two years or a fine.