Injunctions authorized
(1) Except as provided in 81-9-240, the department is authorized to commence a civil action seeking appropriate relief, including a permanent or temporary injunction, for a violation that would be subject to a compliance order under 75-5-613. An action under this subsection may be commenced in the district court of the county where a violation occurs or is threatened, and the court has jurisdiction to restrain the violation and to require compliance.
(2) Except as provided in 81-9-240, the department may bring an action for an injunction against the continuation of an alleged violation of the terms or conditions of a permit issued by the department or any rule or effluent standard promulgated under this chapter or against a person who fails to comply with an emergency order issued by the department under 75-5-621 or a final order of the board. The court to which the department applies for an injunction may issue a temporary injunction if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
| (1)EnactedEn. 69-4820.1 by SectionSec. 5, ChapterCh. 506, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 9, ChapterCh. 455, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 10, ChapterCh. 140, Laws ofL. 1977 |
| AmendedAmd. SectionSec. 4, ChapterCh. 308, Laws ofL. 1977 |
| AmendedAmd. SectionSec. 5, ChapterCh. 444, Laws ofL. 1977 |
| SectionSec. 69-4820.1, Revised Codes of MontanaR.C.M. 1947 |
| (2)EnactedEn. SectionSec. 19, ChapterCh. 21, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 68, ChapterCh. 349, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 12, ChapterCh. 455, Laws ofL. 1975 |
| SectionSec. 69-4825, Revised Codes of MontanaR.C.M. 1947 |
| Revised Codes of MontanaR.C.M. 1947, 69-4820.1(3), 69-4825 |
| AmendedAmd. SectionSec. 12, ChapterCh. 497, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 5, ChapterCh. 416, Laws ofL. 2009 (HB 418 - Butcher, Edward (R) HD 29) |