Statutory Penalty Types and Amounts and Deposition of Penalties for Laws Administered by the Department of Environmental Quality

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Statute

Administrative

Civil

Criminal
Penalties Deposited To
Clean Air Act of Montana
§75-2-101, MCA
$10,000/day per violation; maximum $80,000 $10,000/day per violation $10,000/violation or imprisonment for a period of not more than 2 years, or both Administrative & Civil: State Special Revenue (Alternate Energy Revolving Loan Account)

Criminal:
General Fund
Asbestos Control Act
§75-2-501, MCA
$10,000/day per violation; maximum $80,000
 
$25,000/day
 
Misdemeanor -- $500 General Fund
Motor Vehicle Recycling & Disposal Laws
§75-10-501, MCA
$50/day per violation $250/day per violation $250 or imprisonment in the county jail for up to 30 days, or both General Fund
Strip & Underground Mine Reclamation Act
§82-4-201, MCA
$100 to $5,000/day per violation
($750/day for failure to correct violation)
---- $500 to $10,000 or imprisonment for 1 year or both General Fund
Strip & Underground Mine Siting Act
§82-4-101, MCA
$100 to $1,000/day per violation ---- $500 to $5,000. Each day is a separate offense General Fund
The Opencut Mining Act
§82-4-401, MCA
$100 to $1,000/day per violation $5,000/day per violation ----- Special Revenue Account (Environmental Rehabilitation & Response Account)
Metal Mine Reclamation Laws
§82-4-301, MCA
$100 to $1,000/day per violation. Imminent danger to public health or safety or significant environmental harm maximum of $5,000/day $5,000/day per violation ----- Special Revenue Account (Environmental Rehabilitation & Response Account)
Montana Hazardous Waste Act
§75-10-401, MCA
$10,000/day per violation, not to exceed $100,000 $10,000/day per violation $25,000/violation or imprisonment up to 3 years or both. Willful violation up to $50,000/violation or imprisonment up to 6 months or both General Fund
Montana Solid Waste Management Act
§75-10-201, MCA
$250/day per violation $1,000/day per violation $50 to $500/day
Dumping: $100 to $5,000 or imprisonment for 30 days
Special Revenue Account (Solid Waste Management Account)
Montana Megalandfill Siting Act
§75-10-901, MCA
----- ----- $25,000/day per violation or imprisonment for not more than 1 year or both Special Revenue Account (Solid Waste Management Account)
Water Quality Act
§75-5-101, MCA
$10,000/day per violation, $100,000 maximum for harm violations; $500/day per violation, $5,000 maximum for administrative violations. $25,000/day per violation $25,000/day per violation or imprison-ment up to 1 year or both. For subsequent conviction, $50,000/day per violation or imprisonment up to 2 years or both General Fund
Public Water Supply Laws
§75-6-101, MCA
$500/day per violation;

$1,000/day per violation for PWS serving > 10,000 persons
$10,000/day per violation $50 to $500/ day General Fund
Sanitation In Subdivisions Laws
§76-4-101, MCA
$250/day per violation $1,000/day per violation $1,000 maximum fine General Fund
Montana Major Facility Siting Act
§75-20-101, MCA
----- $10,000/day per violation ----- Special Revenue Account (Major Facility Siting Account)
Comprehensive Cleanup & Responsibility Act
§75-10-701, MCA
$1,000/day per violation $10,000/day per violation ----- Special Revenue> Account (Environmental Quality Protection Fund)
Montana Underground Storage Tank Installer & Inspector Licensing & Permitting Act
§75-11-201, MCA
$500/day per violation $10,000/day per violation $10,000/day per violation or imprisonment for no more than 6 months or both for first conviction. $20,000/day per violation or imprisonment for no more than 1 year, subsequent convictions. Special Revenue Account (Underground Storage Tank License & Permit Account)
Montana Underground Storage Tank Act
§75-11-501, MCA
$500/day per violation $10,000/day per violation ----- General Fund
Water Treatment Plant Operators Laws
§37-42-101, MCA
----- ----- Misdemeanor (each day is a separate offense) $500/day per violation General Fund
Septic Disposal & Licensure Laws
§75-10-201, MCA
$500/day per violation $500/day per violation Misdemeanor (each day is a separate offense) $500/day per violation Special Revenue Account (Environmental Rehabilitation & Response Account)