75-2-514. Civil penalties -- venue for actions to recover. (1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation continues constitutes a separate violation.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2) An action under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
(3) Penalties provided for in subsection (1) are recoverable in an action brought by the department. The action must be filed in the district court of the county in which the violation occurred.
History: En. Sec. 9, Ch. 581, L. 1989; amd. Sec. 2, Ch. 596, L. 1991; amd. Sec. 2, Ch. 293, L. 1999; amd. Sec. 7, Ch. 487, L. 2005; amd. Sec. 29, Ch. 535, L. 2021.
Structure Montana Code Annotated
Title 75. Environmental Protection
75-2-503. Rulemaking authority -- issuance of permits
75-2-505. Small project review requirement
75-2-506. and 75-2-507 reserved
75-2-508. Asbestos control account
75-2-509. and 75-2-510 reserved
75-2-511. Accreditation requirements -- restrictions
75-2-514. Civil penalties -- venue for actions to recover
75-2-515. Administrative enforcement