Montana Code 75-11-224. Criminal penalties
75-11-224. Criminal penalties. (1) Any owner or operator who knowingly installs or closes an underground storage tank system without a permit and either an inspection or the use of the services of a licensed installer as required in 75-11-209; any installer who knowingly installs or closes an underground storage tank system without being licensed; or any person who knowingly makes any false statements or representations in any application, permit, report, licensing form, or other document filed or maintained as required by this part or required by rules adopted under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.
Terms Used In Montana Code 75-11-224
- 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.
- Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
- Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- 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
- Operator: means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system. See Montana Code 75-11-203
- Owner: means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances. 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
- underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203
(2)A person convicted of a second or subsequent criminal violation is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both. Each day of violation constitutes a separate violation.
(3)Action under this section does not bar 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.