Montana § 75-10-427 Denial Or Modification Of Permit -- Mitigating Factors

Montana Statutes

§ 75-10-427 — Denial Or Modification Of Permit -- Mitigating Factors

Montana § 75-10-427

Title 75ENVIRONMENTAL PROTECTION

Ch. 10WASTE AND LITTER CONTROL

Part 4Hazardous Waste Management

This text of Montana § 75-10-427 (Denial Or Modification Of Permit -- Mitigating Factors) 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. § 75-10-427 (2026).

Text

75-10-427 . Denial or modification of permit -- mitigating factors.

(1)The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:

(a)a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;

(b)a judgment of criminal conviction of an environmental protection law has been entered against the applicant;

(c)the applicant has a history of repeated violations of environmental protection laws; or

(d)a judgment or criminal conviction for a violation described in 75-10-

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75-10-427 . Denial or modification of permit -- mitigating factors. (1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:
(a) a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;
(b) a judgment of criminal conviction of an environmental protection law has been entered against the applicant;
(c) the applicant has a history of repeated violations of environmental protection laws; or
(d) a judgment or criminal conviction for a violation described in 75-10-426 (1)(d) has been entered against the applicant.
(2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.
(3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:
(a) the number, nature, and gravity of the violations of environmental protection laws or violations described in 75-10-426 (1)(d);
(b) the degree of culpability of the applicant;
(c) the applicant's cooperation with the state or federal agencies involved in the complaints, enforcement actions, and convictions referred to in 75-10-426 ; and
(d) the applicant's dissociation from other persons or entities involved in the complaints or enforcement actions or convicted of acts referred to in 75-10-426 .
(4) For the purposes of this section, "applicant" includes a subsidiary or successor in interest with respect to the applicant.