Montana Code 75-11-223. Civil and administrative penalties
75-11-223. Civil and administrative penalties. (1) (a) A person who violates a provision of this part, a rule adopted under this part, or an order of the department or the board is subject to an administrative penalty not to exceed $500 for each violation or a civil penalty not to exceed $10,000 for each violation. If an installer or an inspector who is an employee is in violation, the employer of that installer or that inspector is the entity that is subject to the provisions of this section unless the violation is the result of a grossly negligent or willful act. Each day of violation of this part, a rule adopted under this part, or an order constitutes a separate violation.
Terms Used In Montana Code 75-11-223
- Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-11-203
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
- Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
- License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
- Person: means an individual, firm, trust, estate, partnership, company, association, corporation (whether organized for profit or not), city, town, local governmental entity, or any other governmental or private entity. See Montana Code 75-11-203
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(b)Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2)The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(3)Action under this section does not bar:
(a)enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy; or
(b)action under 75-11-224.