{"data":{"id":"us-mt/75-10-427","jurisdiction":"us-mt","citation":"75-10-427","heading":"Denial or modification of permit -- mitigating factors.","body":"(1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:\n(a) a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;\n(b) a judgment of criminal conviction of an environmental protection law has been entered against the applicant;\n(c) the applicant has a history of repeated violations of environmental protection laws; or\n(d) a judgment or criminal conviction for a violation described in 75-10-426(1)(d) has been entered against the applicant.\n(2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.\n(3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:\n(a) the number, nature, and gravity of the violations of environmental protection laws or violations described in 75-10-426(1)(d);\n(b) the degree of culpability of the applicant;\n(c) the applicant's cooperation with the state or federal agencies involved in the complaints, enforcement actions, and convictions referred to in 75-10-426; and\n(d) the applicant's dissociation from other persons or entities involved in the complaints or enforcement actions or convicted of acts referred to in 75-10-426.\n(4) For the purposes of this section, \"applicant\" includes a subsidiary or successor in interest with respect to the applicant.","path":["TITLE 75. ENVIRONMENTAL PROTECTION","CHAPTER 10. WASTE AND LITTER CONTROL","Part 4. Hazardous Waste Management"],"source_url":"https://mca.legmt.gov/bills/mca/title_0750/chapter_0100/part_0040/section_0270/0750-0100-0040-0270.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:48Z","sha256":"fec8fb6fe3b8f97c60d1c6787b1ea4fa5faa6c009dcf44a280db3b0f0a6ff99d","source_id":"us-mt","stale":false,"prev":"us-mt/75-10-426","next":"us-mt/75-10-428"},"notice":"GroundRules: Original legal text. Not legal advice."}