75-20-408. Penalties for violation of chapter -- civil actions to enforce. (1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304(2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance with the certificate or violates any other provision of this chapter or any rule or order adopted under this chapter or knowingly submits false information in any report, 10-year plan, or application required by this chapter or rule or order adopted under this chapter or causes any of the aforementioned acts to occur is liable for a civil penalty of not more than $10,000 for each violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.

(b) Each day of a continuing violation constitutes a separate offense.

(c) Penalties are recoverable in an action brought by the department. The action 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.

(2) Whoever purposely or knowingly violates subsection (1) shall be fined not more than $10,000 for each violation or imprisoned for not more than 1 year, or both. Each day of a continuing violation constitutes a separate offense.

(3) In addition to any penalty provided in subsection (1) or (2), whenever the department determines that a person is violating or is about to violate any of the provisions of this section, it may bring a civil action on behalf of the state in the district court of the first judicial district of Montana, if mutually agreed on by the parties in the action, or in the district court of the county in which the violation occurred or imminent violation will occur, for injunctive or other appropriate relief against the violation and to enforce this chapter or a certificate issued under this chapter. Upon a proper showing, a permanent or preliminary injunction or temporary restraining order must be granted without bond.

(4) All fines and penalties collected must be deposited in the state special revenue fund for the use of the department in administering this chapter.

History: En. Sec. 21, Ch. 327, L. 1973; amd. Sec. 2, Ch. 270 L. 1975; amd. Sec. 21, Ch. 494, L. 1975; R.C.M. 1947, 70-821; amd. Sec. 16, Ch. 68, L. 1979; amd. Sec. 21, Ch. 676, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 22, Ch. 487, L. 2005.