Laws, Rules, and Penalties

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


Statute

Administrative

Civil

Criminal

Penalties Deposited To

Clean Air Act of Montana
§75-2-101, MCA |  17.8.101, ARM

$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 |  17.74.301, ARM

$10,000/day per violation; maximum $80,000 $25,000/day Misdemeanor -- $500 General Fund
Motor Vehicle Recycling & Disposal Laws
§75-10-501, MCA | 17.50.201, ARM
$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 |  17.24.301, ARM
$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 | 17.24.1801, ARM
$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 |  17.24.202, ARM
$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 | 17.24.101, ARM
$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 | 17.53.102, ARM
$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 | 17.50., ARM
$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)
Water Quality Act
§75-5-101, MCA | 17.30.101, ARM
$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 |  17.38.101, ARM
$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 | 17.36.101, ARM
$250/day per violation $1,000/day per violation $1,000 maximum fine General Fund
Montana Major Facility Siting Act
§75-20-101, MCA | 17.20.301, ARM
----- $10,000/day per violation ----- Special Revenue Account (Major Facility Siting Account)
Comprehensive Cleanup & Responsibility Act (CERCA)
§75-10-701, MCA | 17.55.101, ARM
$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 | 17.56.1201, ARM
$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 | 17.56.101, ARM
$500/day per violation $10,000/day per violation ----- General Fund
Water Treatment Plant Operators Laws
§37-42-101, MCA | 17.40.201, ARM
----- ----- Misdemeanor (each day is a separate offense) $500/day per violation General Fund
Septic Disposal & Licensure Laws
§75-10-1201, MCA | 17.50.803, ARM
$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)

Printable PDF version of the table above: Statutes - PDF

 
Supplemental Environmental Project Policy: This policy is designed to provide guidance on the development, review and approval of "Supplemental Environmental Projects" (SEP). The rationale for a SEP is to encourage violators to take actions that reduce the risk of further pollution, benefit public health, restore and protect the environment, and/or promote environmental compliance. The goal is to use the penalty as an incentive to obtain benefits that would not otherwise occur, either because the actions are not required by law or would not be seen by the violator as economically viable, were it not for the impending penalty action. This policy outlines the conditions under which the Montana Department of Environmental Quality (Department) will consider mitigating a penalty with a SEP.