HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

17.38.603    ENFORCEMENT PROCEDURES

(1) Administrative enforcement under this subchapter encourages progressive enforcement from an initial enforcement response, such as a written or oral communication, through optional follow-up or additional enforcement actions. The initial administrative enforcement action taken will be determined according to the following criteria:

(a) unless the violation represents an imminent threat to human health, safety, or welfare or to the environment, or is a Class I violation, the department shall first send a violation letter, pursuant to 75-6-110 (2) , MCA, prior to initiating an administrative enforcement action under this rule;

(b) the department may respond to a Class I violation or a violation that represents an imminent threat to human health, safety, or welfare or to the environment, by issuing an order in lieu of a violation letter;

(c) if a person fails to comply with the compliance requirements or schedule specified in a violation letter, the department may respond by issuing an order.

(2) Orders under this subchapter may include, but are not limited to, the following requirements or conditions:

(a) that the existing public water supply or sewage system be repaired or modified;

(b) that treatment be installed or improved;

(c) that the source of water supply be changed;

(d) that no additional service connections be made to the public water supply or sewage system;

(e) that the public water supply or sewage system conduct monitoring and reporting;

(f) that a report concerning the condition and operation of the public water supply or sewage system be submitted to the department;

(g) that maps, design reports, plans and specifications required by ARM 17.38.101 be submitted to the department;

(h) that corrective measures be implemented to eliminate a violation or exceedence of an MCL;

(i) that any commencement or continued construction, alteration, extension or operation of the public water supply or sewage system be halted until all written approvals or fees required by statute or rule are obtained;

(j) that activities be conducted to prevent or remove a source of pollution from a place that will cause pollution of a public water supply system or of state water used for domestic purposes;

(k) that public notification be given as specified by rule or order; and

(l) that the public water supply or sewage system retain a certified operator in accordance with Title 37, chapter 42, MCA.

(3) The provisions of this subchapter do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties and injunctive relief, prior to initiating an administrative action under this subchapter. The judicial action may be criminal or civil.

History: 75-6-103, MCA; IMP, 75-6-109, MCA; NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, from 17.36.1103, 1998 MAR p. 2754, Eff. 10/9/98; AMD, 2003 MAR p. 2291, Eff. 10/17/03.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security