Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program › Rule 17.24.1220 - INDIVIDUAL CIVIL PENALTIES: PAYMENT

Current through Register Vol. 13, July 5, 2024
(1)
				If a notice of violation and penalty order become final in the absence of a
				request for hearing, the penalty is due within 30 days after the expiration of
				the period for requesting a hearing.
(2) If an individual named in a notice of
				violation and penalty order files a request for hearing, the penalty is due
				within 30 days after the issuance of a final administrative order affirming,
				increasing, or decreasing the proposed penalty, unless enforcement of the order
				is stayed pursuant to
				2-4-702, MCA.
(3) If the department and the corporate
				permittee or individual have agreed in writing on a plan for the abatement of
				the violation, the individual named in the notice of violation and penalty
				order may postpone payment until receiving either a final order stating that
				the penalty is due on the date of the final order or a written notice that
				abatement is satisfactory and the penalty has been withdrawn.
(4) Following the expiration of 30 days after
				the issuance of a final order assessing an individual civil penalty, any
				delinquent penalty is subject to interest at the rate established quarterly by
				the U.S. Department of the Treasury for use in applying late charges on late
				payments to the federal government, pursuant to Treasury Financial Manual
				6-8020.20. The Treasury Current Value of Funds Rate is published by the fiscal
				service in the notices section of the Federal Register. Interest on unpaid
				penalties runs from the date payment first was due until the date of
				payment.
(5) Failure to pay overdue
				penalties may result in initiation of litigation; reporting to the Department
				of Revenue, the State Auditor, the Internal Revenue Service, credit bureaus, or
				to all or any combination of them; or referral to collection agencies. These
				remedies are not exclusive.
(6)
				Delinquent penalties are subject to a late payment penalty, in addition to the
				interest specified in (4), of 6% per annum. This penalty begins to accrue on
				the 92nd day and runs until the date of payment.
(7) For all delinquent fees, interest and any
				penalties, the debtor shall pay a processing and handling charge based upon the
				following components:
(a) for debts referred
				to a collection agency, the amount charged to the department by the collection
				agency;
(b) for debts processed and
				handled by the department, a standard amount set annually by the department
				based upon similar charges by collection agencies for debt collection. In
				addition, if the case is referred to the department's attorneys but paid prior
				to litigation, the estimated average cost to prepare the case for litigation as
				of the time of payment must also be paid;
(c) for debts referred to the department's
				attorneys and litigated, the estimated cost to prepare and litigate a debt case
				as of the time of payment; and
(d)
				if not otherwise provided for, all other administrative expenses associated
				with collection, including, but not limited to, billing, recording payments,
				and follow-up actions.