Montana Code Annotated 2023

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 10. WASTE AND LITTER CONTROL

Part 4. Hazardous Waste Management

Corrective Action Orders -- Judicial Action

75-10-425. Corrective action orders -- judicial action. Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is authorized to operate under 75-10-406, the department may:

(1) commence a civil action for appropriate relief, including injunctive relief, in the district court in the district in which the facility is located; or

(2) issue an order requiring corrective action or any other response measure that the department considers necessary to protect human health or the environment. An order may include a suspension or revocation of authorization to operate under 75-10-406. An order must state with reasonable specificity the nature of the required corrective action or other response measure and must specify a time for compliance.

History: En. Sec. 1, Ch. 425, L. 1999.