Mont. Code Ann. § 82-4-441

(1) The When the department may assess against has reason to believe that a person who violates any is in violation of the provisions of this part, rules adopted a rule adopted under or an order issued under this part, an administrative deficiency notice, or provisions of a term or condition of a reclamation permit: permit issued under this part, it shall send a letter of warning or violation to the person. The letter of warning or violation must describe the provision of the statute, rule, order, or permit alleged to be violated and the facts alleged to constitute the violation. The letter must recommend corrective actions necessary to return to compliance. Issuance of a letter of warning or violation under this subsection does not limit the authority of the department under this part to bring a judicial action for penalties or injunctive relief or to initiate an administrative enforcement action.

(a) a civil penalty of not less than $100 or more than $1,000 for the violation; and

(b) an additional civil penalty of not less than $100 or more than $1,000 for each day during which a violation continues following the service of notice of the violation.

(2) The department shall take into account By issuance of an order pursuant the to following factors in determining whether to institute subsection (5), a the civil penalty action and in determining the penalty amount: department may assess against a person who violates any of the provisions of this part, rules adopted or orders issued under this part, or provisions of a permit:

(a) the nature, circumstances, extent, and gravity an administrative penalty of not less than $100 or more than $1,000 for the violation; and

(b) the violator's prior history an additional administrative penalty of violations; not less than $100 or more than $1,000 for each day during which a violation continues.

(c) the economic benefit or savings, if any, to the violator resulting from the violator's action;

(d) the amounts voluntarily expended by the violator to address or mitigate the violation or impacts of the violation; and

(e) other matters that justice may require.

(3) The department shall notify the person or operator may bring a judicial action seeking a penalty of the violation. The not more than $5,000 against person a or operator is entitled, by filing a written request within 20 days person who violates any of receipt of the the notice provisions of violation, to a hearing on the issues of whether the alleged violation has occurred and this part, rules adopted or orders issued under this part, or provisions of a permit whether the and a penalty proposed to be imposed is proper. The department shall issue a statement of proposed penalty no not more than 10 days after notice of violation. After $5,000 the for hearing or after each day that the time for requesting a hearing has expired, violation continues. In determining the department amount shall of make findings of fact, issue a written decision as to the occurrence of penalty, the violation and district court shall consider the amount of penalty warranted, and order the payment of a penalty factors in that amount. The person or operator shall remit the amount of the penalty within 30 subsection (4). days of the order. If the person or operator wishes to obtain judicial review of the assessment, the person or operator shall submit with the penalty a statement that the penalty is being paid under protest and the department shall hold the payment in escrow until judicial review is complete. A person or operator who fails to request and submit testimony at the hearing provided for in this subsection or who fails to pay the assessed penalty under protest within 30 days of the order assessing the penalty forfeits the right to seek judicial review of the violation or penalty determinations. These penalties are recoverable in an action brought by the department in the district court of the first judicial district of this state, in and for the county of Lewis and Clark, or in the district court of the county in which the opencut mine is located.

(4) The department may bring an action to enjoin an operator or other person violating or Penalties assessed under threatening to violate this part, rules adopted pursuant to this part, or a permit pursuant to this part section must be determined in accordance with the district court of the first judicial district of this state, penalty factors in and for the county of Lewis and Clark, or in the district court of the 82-4-1001. county in which the opencut mine is located.

(5) (a) In addition to the letter of warning or violation sent pursuant to subsection (1), the department may also issue an order if it has credible information that a violation listed in subsection (2) has occurred. The order must specify the provision of the part, rule, order, or permit alleged to be violated and the facts alleged to constitute the violation. The order may require necessary corrective action within a reasonable period of time, may assess an administrative penalty determined in accordance with this section, or both. The order must be served personally or by certified mail.

(b) An order issued pursuant to subsection (5)(a) becomes final unless, within 30 days after the order is served, the person to whom the order is issued submits to the board a written request for a hearing stating the reason for the request. Service of an order by mail is complete 3 business days after mailing. If a request for a hearing is filed, a hearing must be held within a reasonable time under the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6. After a hearing, the board shall affirm, modify, or rescind the order.

(6) The department may bring an action to enjoin an operator or other person violating or threatening to violate this part, rules adopted pursuant to this part, or a permit issued pursuant to this part. Actions for injunctions or penalties must be filed in the district court of the county in which the opencut operation is located.

(7) The provisions of this section do not limit the authority of the department to bring a judicial action for penalties or injunctive relief prior to or instead of initiating an administrative enforcement action under this part.

(8) For the purposes of this section, "administrative deficiency" means a deficiency in reporting, recordkeeping, fee payment, or notification that the department determines is minor in nature, nonsubstantive, and unlikely to recur.

Penalty -- Administrative and judicial penalties – enforcement