75-10-228. Civil penalties. (1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(3) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(4) Fines and penalties collected under this section must be deposited in the solid waste management account provided for in 75-10-117.
History: En. Sec. 9, Ch. 696, L. 1989; (3)En. Sec. 2, Ch. 565, L. 1991; amd. Sec. 9, Ch. 443, L. 2005; amd. Sec. 33, Ch. 535, L. 2021.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act
75-10-202. Legislative intent, findings, and policy
75-10-204. Powers and duties of department
75-10-207. Ground water monitoring
75-10-208. Department rulemaking authority for infectious waste
75-10-212. Disposal in unauthorized area prohibited -- exception
75-10-213. Unlawful disposition of dead animals -- exception
75-10-214. Exclusions -- exceptions to exclusions
75-10-215. Statewide household hazardous waste public education program
75-10-216. Waste tire disposal sites -- financial assurance required
75-10-219. and 75-10-220 reserved
75-10-221. License required -- application
75-10-222. Notification of and validation by local health officer
75-10-223. Refusal by local health officer -- appeal to board
75-10-224. Revocation or denial of license by department
75-10-227. Administrative enforcement
75-10-229. and 75-10-230 reserved
75-10-232. Penalty for violations
75-10-233. Dumping penalty -- enforcement
75-10-234. Liability -- defense and exclusions
75-10-235. through 75-10-239 reserved
75-10-240. Disposal of coal combustion residues -- cost benefit analysis required
75-10-241. through 75-10-249 reserved
75-10-250. Baled waste tires prohibited -- exception -- department rules