Montana Code 75-6-110. Enforcement response
75-6-110. Enforcement response. (1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this part, a rule adopted under this part, or a condition, requirement of an approval, or order issued pursuant to this part, the department shall initiate an enforcement response, which may include any of the following actions:
Terms Used In Montana Code 75-6-110
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-6-102
- Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-6-102
(a)issuance of a letter notifying the person of the violation and requiring compliance;
(b)issuance of an order requiring the person to correct the violation pursuant to 75-6-104 and 75-6-109;
(c)bringing a judicial action as authorized by 75-6-111; or
(d)seeking administrative or judicial penalties as provided under 75-6-109, 75-6-113, and 75-6-114.
(2)Unless an alleged violation represents an imminent threat to human health, safety, or welfare or to the environment, the department shall first issue a letter notifying the person of the violation and requiring compliance. If the person fails to respond to the conditions in the department’s letter, then the department shall take further action as provided in subsection (1).
(3)The provisions of this part do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties, prior to initiating an administrative action authorized by this part.