Montana Department of Environmental Quality About Us Permitting & Operator Assistance Public Participation

Enforcement

Program Overview

The mission of DEQ's Enforcement Program is to facilitate timely, consistent and appropriate enforcement of the statutes and regulations administered by DEQ. Through this work, we seek to ensure that the regulated community remains in compliance with environmental laws.

If you need to report a spill or environmental concern, or submit a complaint, please use the "Report Pollution" button. Enforcement Program staff will follow up with you if we need more information to open an investigation.

Contacts

In Case of Emergency

Call 911 to alert local services


Enforcement Program Contacts

Main Line
(406) 444-0379

Program Manager
Chad Anderson (406) 444-2964

Complaint Coordinator
Shasta Steinweden (406) 444-3109

Case Coordinator
Rich Jost (406) 444-2857

The information below is intended to provide direction and resources related to the cleanup of spills or the release of hazardous materials. Contact the Enforcement Program if you have any questions.

Spill Management and Reporting Policy

All releases or spills of hazardous or deleterious substances or other wastes, regardless of size, must be properly and expeditiously managed, contained, and removed to protect public health and the environment. This policy is written to provide guidance on when and how to report spills


Spill Management & Reporting Policy

Standardized Cleanup Report

The Enforcement Program (ENF) of the Montana Department of Environmental Quality oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation. This Standardized Cleanup Report (Report) format was developed to provide a guideline for the information ENF requires for closure of spills and releases.


Standardized Cleanup Report

Standardized Cleanup Statement

The Enforcement Program of DEQ oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation.


Standardized Cleanup Statement

Soil Sampling Guidance

The Enforcement Program of DEQ developed this guidance to assist environmental consultants and cleanup contractors to determine the minimum number of samples required to be collected when conducting assessment and remedial actions at release and spill sites conducted under ENF’s oversight. ENF classifies release or spill sites as either Small Sites (an excavation floor of 10,000 square feet or less) or Large Sites (an excavation floor of more than 10,000 square feet).


Soil Sampling Guidance

Approved Lab List

This list provides directory information on commercial firms that offer analyses of petroleum-contaminated soil and water samples. All listed laboratories have provided a Quality Assurance Plan of professional quality, a list of all analyses performed, a list of all equipment used, a price list, and a list of the positions and qualifications of all employees.


Approved Lab List

Hire a Consultant

The services of a qualified consultant may be necessary to assist you with the investigation and cleanup activities for leaking underground storage tanks in Montana. The purpose of this document is to aid you in locating and hiring an environmental consultant that best serves your particular release. The above link will connect you to an index of environmental consultants and their respective address, email address, and phone numbers.


Hiring an Environmental Consultant Environmental Consultant List

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

Download a Copy of this Table

Statute Administrative Civil Criminal Penalty 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)

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.

SEP Policy

The Enforcement Program oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation.

Complaints by Media for FY18Formal Enforcement Cases by Media

Fiscal Year Status Reports

Status reports include detailed information about the Enforcement Program including number of complaints or spill reports received by type and DEQ program, status of reports received, total caseload and case status, and penalty statistics.

More information coming soon.
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