{"data":{"id":"us-mt/75-2-233","jurisdiction":"us-mt","citation":"75-2-233","heading":"Denial or modification of permit -- mitigating factors.","body":"(1) The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:\n(a) a judgment of criminal conviction of an environmental protection law has been entered against the applicant or a principal;\n(b) a civil or administrative complaint for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant or a principal;\n(c) the applicant or a principal has a history of repeated violations of environmental protection laws; or\n(d) a judgment or criminal conviction for a violation described in 75-2-232(1)(d) has been entered against the applicant or a principal.\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 nature and gravity of the violation of environmental protection laws or violations described in 75-2-232(1)(d);\n(b) the degree of culpability of the applicant or a principal;\n(c) the applicant's or principal's cooperation with the state or federal agencies involved in the complaints and convictions referred to in 75-2-232; and\n(d) the applicant's or principal's dissociation from other persons or entities convicted of acts referred to in 75-2-232.","path":["TITLE 75. ENVIRONMENTAL PROTECTION","CHAPTER 2. AIR QUALITY","Part 2. Standards, Permits, and Variances"],"source_url":"https://mca.legmt.gov/bills/mca/title_0750/chapter_0020/part_0020/section_0330/0750-0020-0020-0330.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:38Z","sha256":"78c845d6b8f1d3330aaa35fd51aeab1ea0997d1d848fa1f12db86334ee0ee2ae","source_id":"us-mt","stale":false,"prev":"us-mt/75-2-232","next":"us-mt/75-2-234"},"notice":"GroundRules: Original legal text. Not legal advice."}