75-6-114. Civil penalty. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000. The action must be filed in the district court of the county in which the violation occurred.
(2) Each day of violation constitutes a separate violation.
(3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.
(4) When seeking penalties under this section, the department shall take into account the penalty factors in 75-1-1001 in determining an appropriate settlement or judgment, as appropriate.
(5) Civil penalties collected pursuant to this section must be deposited in the state general fund.
History: En. Sec. 7, Ch. 645, L. 1991; amd. Sec. 3, Ch. 302, L. 1995; amd. Sec. 65, Ch. 509, L. 1995; amd. Sec. 12, Ch. 487, L. 2005; amd. Sec. 32, Ch. 535, L. 2021.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 6. Public Water Supplies, Distribution, and Treatment
75-6-104. Duties of department
75-6-105. Records required for wells drilled to supply water to public
75-6-106. Laboratory license required
75-6-107. Variances and exemptions
75-6-108. Department to prescribe fees -- opportunity for appeal
75-6-109. Administrative enforcement
75-6-110. Enforcement response
75-6-111. Appeal from rule or standard -- injunction to require compliance
75-6-115. Public drinking water special revenue fund
75-6-116. State regulations no more stringent than federal regulations or guidelines
75-6-117. through 75-6-119 reserved
75-6-120. Wellhead and source water protection programs -- voluntary petitions
75-6-121. Delegation of review of small public water and sewer construction
75-6-122. through 75-6-125 reserved
75-6-126. Ownership of public water supply system or public sewage system -- change in status