75-5-635. Costs and expenses -- recovery by department. (1) In a civil action initiated by the department under this chapter, the department may ask for and the court is authorized to assess a violator for the cost of the investigation or monitoring survey that led to the establishment of the violation and any expense incurred by the state in removing, correcting, or terminating any of the adverse effects upon water quality resulting from the unauthorized discharge of pollutants.
(2) Any costs and expenses recovered by the department under the provisions of subsection (1) must be deposited in the state general fund.
History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(7); amd. Sec. 4, Ch. 600, L. 1991; amd. Sec. 63, Ch. 509, L. 1995.
Structure Montana Code Annotated
Title 75. Environmental Protection
Part 6. Enforcement, Appeal, and Penalties
75-5-602. Power to require monitoring
75-5-604. Information obtained to relate to standards
75-5-605. Prohibited activity -- exemption
75-5-606. through 75-5-609 reserved
75-5-611. Violation of chapter -- administrative actions and penalties -- notice and hearing
75-5-612. Additional sanctions authorized
75-5-614. Injunctions authorized
75-5-615. Violators subject to penalties
75-5-616. Enforcement of permits and chapter
75-5-617. Enforcement response
75-5-618. Liability -- defense and exclusions
75-5-619. and 75-5-620 reserved
75-5-622. Additional emergency powers
75-5-623. through 75-5-630 reserved
75-5-631. Civil penalties -- injunctions not barred -- venue
75-5-633. Penalties for false statements and falsifying monitoring
75-5-634. Disposition of fines and civil penalties
75-5-635. Costs and expenses -- recovery by department
75-5-636. Investigation of complaints by other parties
75-5-637. through 75-5-640 reserved
75-5-641. Appeals from board orders -- review by district court