reglab/housing_qa huggingface dataset:
MT Code § 75-5-615 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-615. Violators subject to penalties

  75-5-615. Violators subject to penalties. (1) A person found to be in violation of a condition, limitation, standard, or other requirement established pursuant to 75-5-612 through 75-5-614 is subject to the penalty provisions of 75-5-631, 75-5-632, 75-5-633, and 75-5-635.   (2) For the purpose of this section, the term "person" means, in addition to the definition contained in 75-5-103, any responsible corporate officer.   History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(4), (5); amd. Sec. 6, Ch. 68, L. 1979.
MT Code § 75-5-616 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-616. Enforcement of permits and chapter

  75-5-616. Enforcement of permits and chapter. The department shall take actions that are authorized under this part to ensure that the terms and conditions of issued permits are complied with and to ensure that violations of this chapter are appropriately prosecuted.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(g); amd. Sec. 6, Ch. 297, L. 1995.
MT Code § 75-5-617 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-617. Enforcement response

  75-5-617. Enforcement response. (1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this chapter, a rule adopted under this chapter, or a condition or limitation in a permit, authorization, or order issued under this chapter, the department shall initiate an enforcement response, which may include any of the following actions:   (a) issuance of a letter notifying the person of the violation and requiring compliance;   (b) issuance of an order requiring the person to correct the violation pursuant to 75-5-601, 75-5-611, 75-5-613, and 75-5-621;   (c) bringing a judicial action as authorized by 75-5-614 and 75-5-622; or   (d) seeking administrative or judicial penalties as provided under 75-5-611, 75-5-615, and 75-5-631 through 75-5-633.   (2) Unless an alleged violation represents an imminent threat to human health, safety, or welfare or to the environment, the department shall first issue a letter notifying the person of the violation and requiring compliance. If the person fails to respond to the conditions in the department's letter, then the department shall take further action as provided in subsection (1).   (3) The provisions of this chapter do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties, prior to initiating any administrative action authorized by this chapter.   History: En. Sec. 5, Ch. 297, L. 1995.
MT Code § 75-5-618 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-618. Liability -- defense and exclusions

  75-5-618. Liability -- defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this chapter, a rule adopted under this chapter, or a condition of a permit or authorization required by a rule adopted under this chapter if the person can establish by a preponderance of the evidence that:   (a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;   (b) the person has not caused or contributed to the violation; and   (c) the person is making an effort to abate the violation.   (2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.   History: En. Sec. 1, Ch. 159, L. 2013.
MT Code § 75-5-619 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-619. and 75-5-620 reserved

  75-5-619 and 75-5-620 reserved.
MT Code § 75-5-621 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-621. Emergencies

  75-5-621. Emergencies. (1) Notwithstanding other provisions of this chapter, if the department finds that a person is committing or is about to commit an act in violation of this chapter or an order or rule issued under this chapter that, if it occurs or continues, will cause substantial pollution the harmful effects of which will not be remedied immediately after the commission or cessation of the act, the department may order the person to stop, avoid, or moderate the act so that the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the department provides otherwise.   (2) Notice of the order must conform to the requirements of 75-5-611(1) so far as practicable. The notice must indicate that the order is an emergency order.   (3) Upon issuing an order, the department shall fix a place and time for a hearing before the board, not later than 5 days after issuing the order unless the person to whom the order is directed requests a later time. The department may deny a request for a later time if it finds that the person to whom the order is directed is not complying with the order. The hearing must be conducted in the manner specified in 75-5-611. As soon as practicable after the hearing, the board shall affirm, modify, or set aside the order of the department. The order of the board must be accompanied by the information required in 75-5-611(6). An action for review of the order of the board may be initiated in the manner specified in 75-5-641. Except as provided in 81-9-240, the initiation of an action or taking of an appeal may not stay the effectiveness of the order unless the court finds that the board did not have reasonable cause to issue an order under this section.   History: En. Sec. 18, Ch. 21, L. 1971; amd. Sec. 11, Ch. 140, L. 1977; R.C.M. 1947, 69-4824; amd. Sec. 7, Ch. 297, L. 1995; amd. Sec. 266, Ch. 42, L. 1997; amd. Sec. 6, Ch. 416, L. 2009.
MT Code § 75-5-622 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-622. Additional emergency powers

  75-5-622. Additional emergency powers. Notwithstanding any other provisions of this chapter, the department, upon receipt of evidence that a pollution source or combination of sources is endangering the health, welfare, or livelihood of a person, may bring suit in the district court of any county in which the defendant is located or resides or is doing business to enjoin the discharge of pollutants causing or contributing to the alleged pollution.   History: En. 69-4824.1 by Sec. 7, Ch. 506, L. 1973; R.C.M. 1947, 69-4824.1.
MT Code § 75-5-623 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-623. through 75-5-630 reserved

  75-5-623 through 75-5-630 reserved.
MT Code § 75-5-631 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-631. Civil penalties -- injunctions not barred -- venue

  75-5-631. Civil penalties -- injunctions not barred -- venue. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this chapter or a rule, permit, effluent standard, or order issued under the provisions of this chapter, the person is subject to a civil penalty not to exceed $25,000. Each day of violation constitutes a separate violation.  (2) Action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.   (3) The department shall institute and maintain enforcement proceedings in the name of the state. 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.   (4) In determining the amount of penalties under this section, the district court shall take into account the penalty factors in 75-1-1001.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(1), (3); amd. Sec. 1, Ch. 644, L. 1991; amd. Sec. 8, Ch. 297, L. 1995; amd. Sec. 13, Ch. 497, L. 1995; amd. Sec. 10, Ch. 487, L. 2005; amd. Sec. 31, Ch. 535, L. 2021.
MT Code § 75-5-632 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-632. Criminal penalties

  75-5-632. Criminal penalties. A person who willfully or negligently violates 75-5-605 or any pretreatment standard established pursuant to this chapter is guilty of an offense and, upon conviction, is subject to a fine not to exceed $25,000 per day of violation or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, subsequent convictions subject a person to a fine of not more than $50,000 per day of violation or imprisonment for not more than 2 years, or both.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(2); amd. Sec. 9, Ch. 297, L. 1995.
MT Code § 75-5-633 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-633. Penalties for false statements and falsifying monitoring

  75-5-633. Penalties for false statements and falsifying monitoring. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall upon conviction be punished by a fine of not more than $25,000 or by imprisonment for not more than 6 months, or both.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(6); amd. Sec. 2, Ch. 644, L. 1991.
MT Code § 75-5-634 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-634. Disposition of fines and civil penalties

  75-5-634. Disposition of fines and civil penalties. Fines and civil penalties collected under this chapter, except those collected in a justice's court, must be deposited into the state general fund.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(5); amd. Sec. 43, Ch. 557, L. 1987; amd. Sec. 3, Ch. 600, L. 1991; amd. Sec. 62, Ch. 509, L. 1995.
MT Code § 75-5-635 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-635. Costs and expenses -- recovery by department

  75-5-635. Costs and expenses -- recovery by department. (1) In a civil action initiated by the department under this chapter, the department may ask for and the court is authorized to assess a violator for the cost of the investigation or monitoring survey that led to the establishment of the violation and any expense incurred by the state in removing, correcting, or terminating any of the adverse effects upon water quality resulting from the unauthorized discharge of pollutants.   (2) Any costs and expenses recovered by the department under the provisions of subsection (1) must be deposited in the state general fund.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(7); amd. Sec. 4, Ch. 600, L. 1991; amd. Sec. 63, Ch. 509, L. 1995.
MT Code § 75-5-636 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-636. Investigation of complaints by other parties

  75-5-636. Investigation of complaints by other parties. A person, association, corporation, or agency of the state or federal government may notify the department of an alleged violation of this chapter. Based upon information submitted by the person, association, corporation, or agency, the department shall conduct an investigation to determine the validity of the complaint. If a violation is established by the department's investigation, the department shall initiate an appropriate enforcement response as described in 75-5-617. If the investigation proves the protest to have been without reasonable cause, the department may seek recovery of investigative costs from the person who made the notification.   History: En. Sec. 20, Ch. 21, L. 1971; amd. Sec. 69, Ch. 349, L. 1974; amd. Sec. 13, Ch. 455, L. 1975; R.C.M. 1947, 69-4826; amd. Sec. 10, Ch. 297, L. 1995; amd. Sec. 14, Ch. 497, L. 1995.
MT Code § 75-5-637 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-637. through 75-5-640 reserved

  75-5-637 through 75-5-640 reserved.
MT Code § 75-5-641 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-641. Appeals from board orders -- review by district court

  75-5-641. Appeals from board orders -- review by district court. (1) An appeal of an order of the board must be in the district court of the county in which the alleged source of pollution is located.   (2) A person interested in the order may intervene, in the manner provided by the rules of civil procedure, if the person shows good cause. An intervenor is a party for the purposes of this chapter.   (3) The attorney general shall represent the board if requested, or the department may appoint special counsel for the proceedings, subject to the approval of the attorney general.   (4) Except as provided in 81-9-240, the initiation of an action for review or the taking of an appeal does not stay the effectiveness of an order of the board unless the court finds that there is probable cause to believe:   (a) that refusal to grant a stay will cause serious harm to the affected party; and   (b) that a violation found by the board will not continue or, if it does continue, the harmful effects on state waters will be remedied immediately on the cessation of the violation.   (5) If a court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board.   History: En. Sec. 15, Ch. 21, L. 1971; amd. Sec. 66, Ch. 349, L. 1974; R.C.M. 1947, 69-4821; amd. Sec. 2496, Ch. 56, L. 2009; amd. Sec. 7, Ch. 416, L. 2009.
MT Code § 75-5-701 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 7. Water Quality Assessment|75-5-701. Purpose

  75-5-701. Purpose. Consistent with the policy established in 75-5-101(2) to provide a comprehensive program for the prevention, abatement, and control of water pollution, the purpose of this part is to further direct the department to monitor state waters to accurately assess their quality and, when required, to develop total maximum daily loads for those water bodies identified as threatened or impaired.   History: En. Sec. 2, Ch. 541, L. 1997.
MT Code § 75-5-704 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 7. Water Quality Assessment|75-5-704. Watershed advisory groups

  75-5-704. Watershed advisory groups. (1) In implementing the consultation requirements under 75-5-702(4) and 75-5-703(1) and (2), the department shall request the participation of representatives of the following interest groups to work in an advisory capacity with the local conservation districts and the department:   (a) livestock-oriented agriculture;   (b) farming-oriented agriculture;   (c) conservation or environmental interests;   (d) water-based recreationists;   (e) the forestry industry;   (f) municipalities;   (g) affected or potentially affected point source dischargers;   (h) mining;   (i) existing local watershed groups;   (j) federal land management agencies;   (k) state trust land management agencies;   (l) the tourism industry;   (m) the hydroelectric industry, if applicable; and   (n) fishing-related businesses.   (2) In implementing the consultation requirements of 75-5-702 and 75-5-703, the department shall:   (a) prior to consultation with the statewide TMDL advisory group pursuant to 75-5-702(7) and (8), schedule meetings with appropriate local conservation districts and the watershed advisory groups at a location within their affected geographic area to review and revise the list of water bodies provided for in 75-5-702; and   (b) at a meeting held pursuant to subsection (2)(a), request whether there is new information that may affect the listing or priority ranking on water bodies within the affected area and solicit comments on revising the list.   (3) Based upon the information provided pursuant to subsection (2)(b), the department shall revise the list according to 75-5-702.   (4) Prior to and during the development of a TMDL within a particular watershed or basin, the department shall schedule a meeting or meetings with appropriate local conservation districts and watershed advisory groups at a location within the affected geographic area in order to solicit comments on developing the TMDL and information on sources that may be contributing to water quality impairment.   History: En. Sec. 5, Ch. 541, L. 1997.
MT Code § 75-5-705 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 7. Water Quality Assessment|75-5-705. Nonimpairment of water rights

  75-5-705. Nonimpairment of water rights. Nothing in this part may be construed to divest, impair, or diminish any water right recognized pursuant to Title 85.   History: En. Sec. 6, Ch. 541, L. 1997.
MT Code § 75-5-802 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 8. Concentrated Animal Feeding Operations|75-5-802. Permitting -- concentrated animal feeding operation

  75-5-802. Permitting -- concentrated animal feeding operation. (1) For the purpose of permitting concentrated animal feeding operations, the department shall adopt, by reference, the federal regulations and definitions contained in 40 CFR, parts 122.23 and 412.  (2) Subject to the provisions of subsection (3), concentrated animal feeding operations that meet the requirements of 40 CFR, part 412, must be authorized by the department under a general permit.   (3) If, upon review of an application for a general permit authorization for a concentrated animal feeding operation production area, the department discovers site-specific information that indicates that a general permit authorization is not sufficiently protective of water quality, the department shall require an individual permit.   History: En. Sec. 2, Ch. 403, L. 2005; amd. Sec. 54, Ch. 324, L. 2021.
MT Code § 75-5-803 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 8. Concentrated Animal Feeding Operations|75-5-803. Fees for concentrated animal feeding operation permits -- environmental review

  75-5-803. Fees for concentrated animal feeding operation permits -- environmental review. (1) (a) The fees for a general permit authorization or an individual permit are $600 for the initial application and $600 for each renewal.   (b) In addition to the fees provided for in subsection (1)(a), there is an annual fee for a general permit authorization or an individual permit. The fee is $600 and is subject to the annual fee reduction provisions in 75-5-516(2)(b).   (2) The department is required to conduct only the type of environmental assessment that would be conducted for a routine action with limited environmental impact pursuant to Title 75, chapter 1, part 2, as the necessary level of environmental review for concentrated animal feeding operations that qualify for a general permit pursuant to 75-5-802. For concentrated animal feeding operations that require an individual permit, the level of environmental review must be an environmental assessment unless the department determines that an environmental impact statement is required pursuant to 75-1-201. A programmatic environmental impact statement is not required for permitting conducted under 75-5-802.   History: En. Sec. 3, Ch. 403, L. 2005.
MT Code § 75-5-901 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 9. Phosphorus-Containing Household Cleaning Products|75-5-901. Short title

  75-5-901. Short title. This part may be cited as the "Phosphorus Ban Act".   History: En. Sec. 1, Ch. 245, L. 2009.
MT Code § 75-5-902 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 9. Phosphorus-Containing Household Cleaning Products|75-5-902. Findings -- purpose

  75-5-902. Findings -- purpose. (1) The legislature finds that:   (a) high levels of phosphorus in water bodies results in heavy growths of algae;   (b) excessive algae growth degrades aquatic habitats, decreases diversity in aquatic invertebrate communities, and places stress on native fish populations;   (c) municipal wastewater treatment plants and individual septic systems are sources of phosphorus, an ingredient in many household cleaning products; and   (d) Montana has adopted numeric water quality standards for phosphorus.   (2) Consistent with the policy established in 75-5-101 to conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses, the purpose of this part is to limit the introduction of phosphorus into water bodies from municipal point source discharges or the cumulative effect of individual septic system discharges.   History: En. Sec. 2, Ch. 245, L. 2009.