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Code · Montana · Title 75 — Environmental Protection · Chapter 5 · Part 6

75-5-614. Injunctions authorized.

195 words·~1 min read·/mt/title-75/chapter-5/part-6/75-5-614·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

75-5-614 . 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.
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