75-10-228. Civil penalties. (1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred or, if mutually agreed upon by the parties, in the district court of the first judicial district, Lewis and Clark County. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(3) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(4) Fines and penalties collected under this section must be deposited in the solid waste management account provided for in 75-10-117.
History: En. Sec. 9, Ch. 696, L. 1989; (3)En. Sec. 2, Ch. 565, L. 1991; amd. Sec. 9, Ch. 443, L. 2005.
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