75-6-114. Civil penalty. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000. The action must be filed 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) Each day of violation constitutes a separate violation.
(3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.
(4) When seeking penalties under this section, the department shall take into account the penalty factors in 75-1-1001 in determining an appropriate settlement or judgment, as appropriate.
(5) Civil penalties collected pursuant to this section must be deposited in the state general fund.
History: En. Sec. 7, Ch. 645, L. 1991; amd. Sec. 3, Ch. 302, L. 1995; amd. Sec. 65, Ch. 509, L. 1995; amd. Sec. 12, Ch. 487, L. 2005.
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