75-10-943. Penalties for violation -- civil action by attorney general. (1) (a) A person who commences to construct or operate a megalandfill without obtaining a certificate required under 75-10-916 and a license required under 75-10-933, who constructs, operates, or maintains a facility other than in compliance with the certificate or violates any other provision of 75-10-901 through 75-10-945 or any rule or order adopted under 75-10-901 through 75-10-945, or who knowingly submits false information in any report, long-range plan, or application required by 75-10-901 through 75-10-945 is liable for a civil penalty as provided in subsection (2).
     (b) Each day of a continuing violation constitutes a separate offense.
     (c) The penalty is recoverable in a civil suit brought by the attorney general on behalf of the state in the district court of the first judicial district of Montana.
     (2) A person who knowingly violates the provisions of subsection (1) shall be fined not more than $25,000 for each violation or be 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 75-10-901 through 75-10-945, it may refer the matter to the attorney general who may bring a civil action on behalf of the state in the district court of the first judicial district of Montana for injunctive or other appropriate relief against the violation and to enforce 75-10-901 through 75-10-945 or a certificate issued under 75-10-916. Upon a proper showing, a permanent or preliminary injunction or temporary restraining order must be granted without bond.
     (4) The department shall also enforce 75-10-901 through 75-10-945 and may bring legal actions to accomplish the enforcement through its own legal counsel.
     (5) All fines and penalties collected must be deposited in the solid waste management account for the use of the department in administering 75-10-901 through 75-10-945.

     History: En. Sec. 34, Ch. 468, L. 1991.