75-10-417. Civil penalties. (1) A person who violates any provision of this part, a rule adopted under this part, an order of the department or the board, or a permit is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. An action to recover penalties must be brought in the district court of the county in which the violation occurred or, if mutually agreed on by the parties in the action, in the district court of the first judicial district, Lewis and Clark County.
(3) Action under this section does not bar:
(a) enforcement of this part, rules adopted under this part, orders of the department or the board, or permits by injunction or other appropriate remedy; or
(b) action under 75-10-418.
(4) Money collected under this section must be deposited in the state general fund.
History: En. Sec. 24, Ch. 358, L. 1981; amd. Sec. 1, Ch. 150, L. 1985; amd. Sec. 7, Ch. 386, L. 1989; amd. Sec. 14, Ch. 487, L. 2005.
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