Montana Code 75-2-514. Civil penalties — venue for actions to recover
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.
Terms Used In Montana Code 75-2-514
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-2-502
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-2-502
- Venue: The geographical location in which a case is tried.
(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.