75-2-428. Effect of new standards on noncompliance penalty. In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more stringent than the emission limitation or requirement for the source in effect prior to such approval or promulgation, if any, or where there was no emission limitation, emission standard, or other requirement approved or adopted before July 1, 1979, the date for imposition of the noncompliance penalty under 75-2-421 through 75-2-429 shall be the date on which the source is required to be in full compliance with such emission limitation, emission standard, or other requirement or 3 years after the approval or promulgation of such emission limitation or requirement, whichever is sooner.
History: En. Sec. 14, Ch. 560, L. 1979; amd. Sec. 28, Ch. 324, L. 2021.
Structure Montana Code Annotated
Title 75. Environmental Protection
Part 4. Enforcement, Appeal, and Penalties
75-2-401. Enforcement -- notice -- order for corrective action -- administrative penalty
75-2-404. through 75-2-410 reserved
75-2-412. Criminal penalties -- injunction preserved
75-2-414. through 75-2-420 reserved
75-2-421. Persons subject to noncompliance penalties -- exemptions
75-2-422. Amount of noncompliance penalty -- late charge
75-2-423. Manner of making payment
75-2-425. Notice of noncompliance -- challenge
75-2-426. Hearing on challenge
75-2-427. Deposit of noncompliance penalty fees