Montana § 75-10-424 Administrative Penalty

Montana Statutes

§ 75-10-424 — Administrative Penalty

Montana § 75-10-424

Title 75ENVIRONMENTAL PROTECTION

Ch. 10WASTE AND LITTER CONTROL

Part 4Hazardous Waste Management

This text of Montana § 75-10-424 (Administrative Penalty) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 75-10-424 (2026).

Text

75-10-424 . Administrative penalty.

(1)The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.

(2)An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.

(3)In determining the appropriate amount of an administrative penalty, the department s

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75-10-424 . Administrative penalty. (1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.
(2) An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.
(3) In determining the appropriate amount of an administrative penalty, the department shall consider the penalty factors in 75-1-1001 .
(4) If the department is unable to collect the administrative penalty or if a person fails to pay all or any portion of the administrative penalty as determined by the department, the department may file an action to recover the amount not paid. The action must be brought in the district court of the county in which the violation occurred.
(5) Action under this section does not bar action under 75-10-413 through 75-10-418 or any other appropriate remedy.
(6) Administrative penalties collected under this section must be deposited in the state general fund.

Legislative History

En. Sec. 2, Ch. 509, L. 1993; amd. Sec. 9, Ch. 28, L. 1995; amd. Sec. 31, Ch. 112, L. 1997; amd. Sec. 15, Ch. 487, L. 2005; amd. Sec. 35, Ch. 535, L. 2021.