reglab/housing_qa huggingface dataset:
MT Code § 75-2-411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-411. Judicial review

  75-2-411. Judicial review. (1) A person aggrieved by an order of the board or local control authority may apply for rehearing upon one or more of the following grounds and upon no other grounds:   (a) the board or local control authority acted without or in excess of its powers;   (b) the order was procured by fraud;   (c) the order is contrary to the evidence;   (d) the applicant has discovered new evidence, material to the applicant, that the applicant could not with reasonable diligence have discovered and produced at the hearing; or   (e) competent evidence was excluded to the prejudice of the applicant.   (2) The petition must be in a form and filed at a time that the board prescribes.   (3) (a) Within 30 days after the application for rehearing is denied or, if the application is granted, within 30 days after the decision on the rehearing, an aggrieved party may appeal to the district court of the judicial district of the state that is the situs of property affected by the order.   (b) The appeal must be taken by serving a written notice of appeal upon the presiding officer of the board. Service must be made by the delivery of a copy of the notice to the presiding officer and by filing the original with the clerk of the court to which the appeal is taken. Immediately after service upon the board, the board shall certify to the district court the entire record and proceedings, including all testimony and evidence taken by the board. Immediately upon receiving the certified record, the district court shall fix a day for filing of briefs and hearing arguments on the cause and shall cause a notice of the dates to be served upon the board and the appellant.   (c) The court shall hear and decide the cause upon the record of the board. The court shall determine whether or not the board regularly pursued its authority, whether or not the findings of the board were supported by substantial competent evidence, and whether or not the board made errors of law prejudicial to the appellant.   (4) Either the board or the person aggrieved may appeal from the decision of the district court to the supreme court. The proceedings before the supreme court must be limited to a review of the record of the hearing before the board and of the district court's review of that record.   History: En. Sec. 14, Ch. 313, L. 1967; amd. Sec. 9, Ch. 140, L. 1977; R.C.M. 1947, 69-3917(3) thru (5); amd. Sec. 2492, Ch. 56, L. 2009.
MT Code § 75-2-412 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-412. Criminal penalties -- injunction preserved

  75-2-412. Criminal penalties -- injunction preserved. (1) A person is guilty of an offense under this section if that person knowingly:   (a) violates a provision of this chapter or a rule, order, or permit made or issued under this chapter;   (b) makes a false material statement, representation, or certification on a form required under this chapter or in a notice or report required by a permit under this chapter; or   (c) renders inaccurate a monitoring device or method required under this chapter.   (2) A person guilty of an offense under subsection (1) is subject to a fine of not more than $10,000 per violation or imprisonment for a period not to exceed 2 years, or both. This offense must be classified as a misdemeanor. Each day of each violation constitutes a separate violation.   (3) Fines collected under this section, except fines collected by an approved local air pollution control program, must be deposited in the state general fund.   (4) Action under this section is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under it by injunction or other appropriate civil or administrative remedy. The department may institute and maintain in the name of the state any enforcement proceedings.   History: En. Sec. 18, Ch. 313, L. 1967; amd. Sec. 24, Ch. 349, L. 1974; R.C.M. 1947, 69-3921(1) thru (3), (5); amd. Sec. 3, Ch. 218, L. 1983; amd. Sec. 42, Ch. 557, L. 1987; amd. Sec. 6, Ch. 502, L. 1993.
MT Code § 75-2-413 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-413. Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances

  75-2-413. Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances. (1) (a) A person who violates any provision of this chapter, a rule adopted under this chapter, or any order or permit made or issued under this chapter is subject to a civil penalty not to exceed $10,000 for each violation. Each day of each violation constitutes a separate violation. The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. The civil penalty is in lieu of the criminal penalty provided for in 75-2-412, except for civil penalties for violation of the operating permit program required by Subchapter V of the federal Clean Air Act.  (b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.   (2) (a) Action under subsection (1) is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under this chapter by injunction or other appropriate civil remedies.   (b) An action under subsection (1) or to enforce this chapter or a rule, order, or permit made or issued under this chapter may be brought in the district court of any county where a violation occurs or is threatened.   (3) If the department has notified a person operating a commercial hazardous waste incinerator of a violation and if the department makes a prima facie showing that the conduct or events giving rise to the violations are likely to have continued or recurred past the date of notice, the days of violation are presumed to include the date of the notice and every day after the notice until the person establishes that continuous compliance has been achieved. This presumption may be overcome to the extent that the person operating a commercial hazardous waste incinerator can prove by a preponderance of evidence that there were intervening days when a violation did not occur, that the violation was not continuing in nature, or that the telemetering device was compromised or otherwise tampered with.   (4) Money collected under this section must be deposited in the alternative energy revolving loan account established in 75-25-101. This subsection does not apply to money collected by an approved local air pollution control program.   History: En. 69-3921.1 by Sec. 1, Ch. 98, L. 1975; amd. Sec. 2, Ch. 308, L. 1977; R.C.M. 1947, 69-3921.1; amd. Sec. 16, Ch. 560, L. 1979; amd. Sec. 4, Ch. 218, L. 1983; amd. Sec. 7, Ch. 502, L. 1993; amd. Sec. 3, Ch. 85, L. 1995; amd. Sec. 3, Ch. 498, L. 1995; amd. Sec. 22, Ch. 591, L. 2001; amd. Sec. 6, Ch. 487, L. 2005; amd. Sec. 28, Ch. 535, L. 2021.
MT Code § 75-2-414 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-414. through 75-2-420 reserved

  75-2-414 through 75-2-420 reserved.
MT Code § 75-2-421 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-421. Persons subject to noncompliance penalties -- exemptions

  75-2-421. Persons subject to noncompliance penalties -- exemptions. (1) Except as provided in subsection (2), the department may assess and collect a noncompliance penalty from any person who owns or operates:   (a) a stationary source (other than a primary nonferrous smelter that has received a nonferrous smelter order under 42 U.S.C. 7419) that is not in compliance with any emission limitation specified in an order of the board, emission standard, or compliance schedule under the state implementation plan approved by the federal environmental protection agency;   (b) a stationary source that is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement under this chapter or 42 U.S.C. 7411, 7412, 7477, or 7603;   (c) a stationary source that is not in compliance with any other requirement under this chapter or any requirement of Subchapter V of the federal Clean Air Act, 42 U.S.C. 7661, et seq.; or   (d) any source referred to in subsections (1)(a), (1)(b), or (1)(c) that has been granted an exemption, extension, or suspension under subsection (2) or that is covered by a compliance order, or a primary nonferrous smelter that has received a primary nonferrous smelter order under 42 U.S.C. 7419, if that source is not in compliance with any interim emission control requirement or schedule of compliance under the extension, order, or suspension.   (2) Notwithstanding the requirements of subsection (1), the department may, after notice and opportunity for a public hearing, exempt any source from the requirements of 75-2-421 through 75-2-429 with respect to a particular instance of noncompliance that:   (a) the department finds is de minimis in nature and in duration;   (b) is caused by conditions beyond the reasonable control of the source and is of no demonstrable advantage to the source; or   (c) is exempt under 42 U.S.C. 7420(a)(2)(B) of the federal Clean Air Act.   (3) Any person who is jointly or severally adversely affected by the department's decision may request, within 15 days after the department renders its decision, upon affidavit setting forth the grounds for it, a hearing before the board. A hearing must be held under the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.   History: En. Sec. 7, Ch. 560, L. 1979; amd. Sec. 8, Ch. 502, L. 1993.
MT Code § 75-2-422 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-422. Amount of noncompliance penalty -- late charge

  75-2-422. Amount of noncompliance penalty -- late charge. (1) The amount of the penalty that is assessed and collected with respect to any source under 75-2-421 through 75-2-429 must be equal to:  (a) the amount determined in accordance with the rules adopted by the department, which must be no less than the economic value that a delay in compliance after July 1, 1979, may have for the owner of the source, including the quarterly equivalent of the capital costs of compliance and debt service over a normal amortization period not to exceed 10 years, operation and maintenance costs foregone as a result of noncompliance, and any additional economic value that the delay may have for the owner or operator of such source; minus   (b) the amount of any expenditure made by the owner or operator of that source during the quarter for the purpose of bringing that source into and maintaining compliance with the requirement, to the extent that the expenditures have not been taken into account in the calculation of the penalty under subsection (1)(a).   (2) To the extent that any expenditure under subsection (1)(b) made during any quarter is not subtracted for the quarter from the costs under subsection (1)(a), the expenditure may be subtracted for any subsequent quarter from the costs. In no event may the amount paid be less than the quarterly payment minus the amount attributed to actual cost of construction.   (3) If the owner or operator of any stationary source to whom notice is issued under 75-2-425 does not submit a timely petition under 75-2-425(2)(b) or submits a petition that is denied and if the owner or operator fails to submit a calculation of the penalty assessment, a schedule for payment, and the information necessary for independent verification thereof, the department may enter into a contract with any person who has no financial interest in the matter to assist in determining the amount of the penalty assessment or payment schedule with respect to the source. The cost of carrying out the contract may be added to the penalty to be assessed against the owner or operator of the source.   (4) Any person who fails to pay the amount of any penalty with respect to any source under 75-2-421 through 75-2-429 on a timely basis shall pay in addition a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty is equal to 20% of the aggregate amount of the person's penalties and nonpayment penalties with respect to the source that are unpaid as of the beginning of the quarter.   History: En. Sec. 8, Ch. 560, L. 1979; amd. Sec. 27, Ch. 324, L. 2021.
MT Code § 75-2-423 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-423. Manner of making payment

  75-2-423. Manner of making payment. (1) The assessed penalty required under 75-2-421 through 75-2-429 shall be paid in quarterly installments for the period of covered noncompliance. All quarterly payments, determined without regard to any adjustment or any subtraction under 75-2-422(1)(b), after the first payment shall be equal.   (2) The first payment shall be due on the date 6 months after the date of issuance of the notice of noncompliance under 75-2-425 with respect to any source. Such first payment shall be in the amount of the quarterly installment for the upcoming quarter, plus the amount owed for any preceding period within the period of covered noncompliance for such source.   (3) For the purpose of this section, the term "period of covered noncompliance" means the period which begins on the date of issuance of the notice of noncompliance under 75-2-425 and ends on the date on which such source comes into or, for the purpose of establishing the schedule of payments, is estimated to come into compliance with such requirement.   History: En. Sec. 9, Ch. 560, L. 1979.
MT Code § 75-2-424 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-424. Adjustment of fee

  75-2-424. Adjustment of fee. (1) The department shall adjust from time to time the amount of the penalty assessment calculated or the payment schedule proposed by such owner or operator under 75-2-425(2)(a) if the department finds after notice and opportunity for a hearing on the record that the penalty or schedule does not meet the requirements of 75-2-421 through 75-2-429.   (2) Upon making a determination that a source with respect to which a penalty has been paid under 75-2-421 through 75-2-429 is in compliance and is maintaining compliance with the applicable requirement, the department shall review the actual expenditures made by the owner or operator of such source for the purpose of attaining and maintaining compliance and shall make a final adjustment within 180 days after such source comes into compliance and:   (a) provide reimbursement with interest to be paid by the state at appropriate prevailing rates for overpayment by such person; or   (b) assess and collect an additional payment with interest at appropriate prevailing rates for any underpayment by such person.   History: En. Sec. 10, Ch. 560, L. 1979.
MT Code § 75-2-425 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-425. Notice of noncompliance -- challenge

  75-2-425. Notice of noncompliance -- challenge. (1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421(1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncompliance.   (2) Each person to whom notice has been given pursuant to subsection (1) shall:   (a) calculate the amount of penalty owed (determined in accordance with 75-2-422(1)) and the schedule of payments (determined in accordance with 75-2-423) for each source and, within 45 days after issuance of the notice of noncompliance, submit that calculation and proposed schedule, together with the information necessary for an independent verification thereof, to the department; or   (b) submit to the board a petition within 45 days after the issuance of such notice, challenging such notice of noncompliance or alleging entitlement to an exemption under 75-2-421(2) with respect to a particular source.   (3) Each person to whom notice of noncompliance is given shall pay the department the amount determined under 75-2-422 as the appropriate penalty unless there has been a final determination granting a petition filed pursuant to subsection (2)(b).   History: En. Sec. 11, Ch. 560, L. 1979.
MT Code § 75-2-426 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-426. Hearing on challenge

  75-2-426. Hearing on challenge. (1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425(2)(b) with respect to such source.   (2) If the petition is denied, the petitioner shall submit the material required by 75-2-425(2)(a) to the department within 45 days of the date of decision.   History: En. Sec. 12, Ch. 560, L. 1979.
MT Code § 75-2-427 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-427. Deposit of noncompliance penalty fees

  75-2-427. Deposit of noncompliance penalty fees. All noncompliance penalties collected by the department pursuant to 75-2-421 through 75-2-429 shall be deposited in the state special revenue fund until a final determination and adjustment have been made as provided in 75-2-424 and amounts have been deducted by the department for costs attributable to implementation of 75-2-421 through 75-2-429 and for contract costs incurred pursuant to 75-2-422(3), if any. After a final determination has been made and additional payments or refunds have been made, the penalty money remaining shall be transferred to the state general fund.   History: En. Sec. 13, Ch. 560, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
MT Code § 75-2-428 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-428. Effect of new standards on noncompliance penalty

  75-2-428. Effect of new standards on noncompliance penalty. In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more stringent than the emission limitation or requirement for the source in effect prior to such approval or promulgation, if any, or where there was no emission limitation, emission standard, or other requirement approved or adopted before July 1, 1979, the date for imposition of the noncompliance penalty under 75-2-421 through 75-2-429 shall be the date on which the source is required to be in full compliance with such emission limitation, emission standard, or other requirement or 3 years after the approval or promulgation of such emission limitation or requirement, whichever is sooner.  History: En. Sec. 14, Ch. 560, L. 1979; amd. Sec. 28, Ch. 324, L. 2021.
MT Code § 75-2-429 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-429. Effect of noncompliance penalty on other remedies

  75-2-429. Effect of noncompliance penalty on other remedies. (1) Any orders, payments, sanctions, or other requirements under 75-2-421 through 75-2-428 shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under 75-2-412 or 75-2-413.   (2) The noncompliance penalties collected pursuant to 75-2-421 through 75-2-428 are intended to be cumulative and in addition to any other remedies, procedures, and requirements authorized by this chapter.   History: En. Sec. 15, Ch. 560, L. 1979.
MT Code § 75-2-501 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 5. Asbestos Control|75-2-501. Short title

  75-2-501. Short title. This part may be cited as the "Asbestos Control Act".   History: En. Sec. 1, Ch. 581, L. 1989.
MT Code § 75-2-502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 5. Asbestos Control|75-2-502. Definitions

  75-2-502. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Accreditation" means a certificate issued by the department that permits a person to work in an asbestos-related occupation.   (2) "Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite.   (3) "Asbestos project" means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. The term does not include a project that involves less than 10 square feet in surface area or 3 linear feet of pipe.   (4) "Asbestos-related occupation" means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project.   (5) "Department" means the department of environmental quality provided for in 2-15-3501.   (6) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity.   History: En. Sec. 2, Ch. 581, L. 1989; amd. Sec. 179, Ch. 418, L. 1995; amd. Sec. 3, Ch. 309, L. 2015.