Montana § 75-2-233 Denial Or Modification Of Permit -- Mitigating Factors

Montana Statutes

§ 75-2-233 — Denial Or Modification Of Permit -- Mitigating Factors

Montana § 75-2-233

Title 75ENVIRONMENTAL PROTECTION

Ch. 2AIR QUALITY

Part 2Standards, Permits, and Variances

This text of Montana § 75-2-233 (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. § 75-2-233 (2026).

Text

75-2-233 . Denial or modification of permit -- mitigating factors.

(1)The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:

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

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

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

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75-2-233 . Denial or modification of permit -- mitigating factors. (1) The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:
(a) a judgment of criminal conviction of an environmental protection law has been entered against the applicant or a principal;
(b) a civil or administrative complaint for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant or a principal;
(c) the applicant or a principal has a history of repeated violations of environmental protection laws; or
(d) a judgment or criminal conviction for a violation described in 75-2-232 (1)(d) has been entered against the applicant or a principal.
(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 nature and gravity of the violation of environmental protection laws or violations described in 75-2-232 (1)(d);
(b) the degree of culpability of the applicant or a principal;
(c) the applicant's or principal's cooperation with the state or federal agencies involved in the complaints and convictions referred to in 75-2-232 ; and
(d) the applicant's or principal's dissociation from other persons or entities convicted of acts referred to in 75-2-232 .