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 within the past 3 years; 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 to decrease the amount of penalty.

(3) The department shall notify the person or operator may bring of a the violation. The department shall issue judicial action seeking a statement of penalty proposed penalty, including the penalty calculation that identifies and describes the factors considered pursuant to of not subsection (2), no more than 10 days after issuing $5,000 against the a notice person who violates any of violation. After a hearing provided for in 82-4-427, the board shall make findings provisions of fact, issue a written decision as to the occurrence of the violation and, if the this part, rules adopted or orders issued under this part, or provisions board finds that the violation occurred, the amount of penalty a warranted, permit and order the payment of a a penalty in of not more than $5,000 that for amount. If each day that the time for requesting a hearing expires without a hearing request, violation continues. In determining the department amount shall of make the findings of fact and issue penalty, the written decision and order. The person or operator district court shall remit consider the amount of any penalty within 30 days of the order. If the person or operator factors in subsection (4). 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, Lewis and Clark County, 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 issued pursuant to this part section must be determined in accordance with the district court of the first judicial district, Lewis and Clark County, or penalty factors in the district court of the county in which the opencut mine is located. 82-4-1001.

(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