Montana § 75-2-514 Civil Penalties -- Venue For Actions To Recover

Montana Statutes

§ 75-2-514 — Civil Penalties -- Venue For Actions To Recover

Montana § 75-2-514

Title 75ENVIRONMENTAL PROTECTION

Ch. 2AIR QUALITY

Part 5Asbestos Control

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Bluebook

Mont. Code Ann. § 75-2-514 (2026).

Text

75-2-514 . Civil penalties -- venue for actions to recover.

(1)(a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation continues constitutes a separate violation.

(b)Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001 .

(2)An action under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.

(3)Penalties provided for in subsection (1) are recoverable in an action brought by the department. The action must be filed in the district court of the county in w

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75-2-514 . Civil penalties -- venue for actions to recover. (1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation continues constitutes a separate violation.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001 .
(2) An action under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
(3) Penalties provided for in subsection (1) are recoverable in an action brought by the department. The action must be filed in the district court of the county in which the violation occurred.

Legislative History

En. Sec. 9, Ch. 581, L. 1989; amd. Sec. 2, Ch. 596, L. 1991; amd. Sec. 2, Ch. 293, L. 1999; amd. Sec. 7, Ch. 487, L. 2005; amd. Sec. 29, Ch. 535, L. 2021.