Montana Code Annotated
Part 5. Motor Vehicle Recycling and Disposal
75-10-541. Injunction -- action to collect civil penalty -- authority of department of justice

75-10-541. Injunction -- action to collect civil penalty -- authority of department of justice. (1) The department may sue to enjoin the operation or maintenance of a motor vehicle wrecking facility or graveyard either permanently or until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated.
(2) The department may sue in district court to collect a civil penalty as provided in 75-10-542.
(3) Upon request of the department, the attorney general or the county attorney of the county in which a motor vehicle wrecking facility or graveyard is located may petition the district court to enjoin further operation or maintenance of a motor vehicle wrecking facility or graveyard or to impose, assess, and recover a civil penalty, as appropriate.
(4) The department of justice, through the attorney general or the county attorney of the county in which a facility is located, may sue in district court to collect a civil penalty as provided in 75-10-542 for violations of 75-10-512 discovered during department of justice inspections.
History: En. Sec. 10, Ch. 410, L. 1973; amd. Sec. 7, Ch. 252, L. 1977; R.C.M. 1947, 69-6810; amd. Sec. 5, Ch. 572, L. 1991; amd. Sec. 6, Ch. 725, L. 1991; amd. Sec. 4, Ch. 53, L. 2007.

Structure Montana Code Annotated