Laws, Rules, and Penalties

Laws and Rules Enforced

The Department of Environmental Quality administers a variety of environmental laws. The following is a list of laws (Montana Code Annotated) that contain an enforcement component.


Name
Montana Codes Annotated		 Administrative
Rules
of Montana
Asbestos Control Act Title 75,
Chapter 2, part 5		 17.74.301
Clean Air Act of Montana Title 75,
Chapter 2, part 1		 17.8.101
Comprehensive Environmental Cleanup & Responsibility Act (CECRA) Title 75,
Chapter 10, part 7		 17.55.101
Montana Hazardous Waste Act Title 75,
Chapter 10, part 4		 17.53.102
Montana Major Facility Siting Act Title 75,
Chapter 20, part 1		 17.20.301
Montana Megalandfill Siting Act Title 75,
Chapter 10, part 9		  
Metal Mine Reclamation Laws Title 82,
Chapter 4, part 3		 17.24.101
Motor Vehicle Recycling and Disposal Laws Title 75,
Chapter 10, part 5		 17.50.201
Opencut Mining Act Title 82,
Chapter 4, part 4		 17.24.202
Public Water Supply Laws Title 75,
Chapter 6, part 1		 17.38.101
Sanitation in Subdivisions Laws Title 76,
Chapter 4, part 1		 17.36.101
Septic Disposal and Licensure Laws Title 75,
Chapter 10, part 12		 17.50.08
Montana Solid Waste Management Act Title 75,
Chapter 10, part 2		 17.50.101
Strip and Underground Mine Reclamation Act Title 82,
Chapter 4, part 2		 17.24.301
Strip and Underground Mine Siting Act Title 82,
Chapter 4, part 1		 17.24.1801
Montana Underground Storage Tank Act Title 75,
Chapter 11, part 5		 17.56.101
Montana Underground Storage Tank Installer and Inspector Licensing & Permitting Act Title 75,
Chapter 11, part 2		 17.56.1201
Water Quality Act Title 75,
Chapter 5, part 1		 17.30.101
Water Treatment Plant Operators Title 37,
Chapter 42, part 1		 17.40.201

Montana Code Annotated

Penalty Types and Amounts

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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)
Penalty Calculation Procedures - PDF SEP Policy - PDF