Montana Code 75-2-412. Criminal penalties — injunction preserved
75-2-412. Criminal penalties — injunction preserved. (1) A person is guilty of an offense under this section if that person knowingly:
Terms Used In Montana Code 75-2-412
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)violates a provision of this chapter or a rule, order, or permit made or issued under this chapter;
(b)makes a false material statement, representation, or certification on a form required under this chapter or in a notice or report required by a permit under this chapter; or
(c)renders inaccurate a monitoring device or method required under this chapter.
(2)A person guilty of an offense under subsection (1) is subject to a fine of not more than $10,000 per violation or imprisonment for a period not to exceed 2 years, or both. This offense must be classified as a misdemeanor. Each day of each violation constitutes a separate violation.
(3)Fines collected under this section, except fines collected by an approved local air pollution control program, must be deposited in the state general fund.
(4)Action under this section is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under it by injunction or other appropriate civil or administrative remedy. The department may institute and maintain in the name of the state any enforcement proceedings.