Program Overview
The mission of DEQ's Enforcement Program is to facilitate timely, consistent and appropriate enforcement of the statutes and regulations administered by DEQ. Through this work, we seek to ensure that the regulated community remains in compliance with environmental laws.
If you need to report a spill or environmental concern, or submit a complaint, please use the "Report Pollution" button. Enforcement Program staff will follow up with you if we need more information to open an investigation.
Contacts
In Case of Emergency
Call 911 to alert local services
Enforcement Program Contacts
Main Line
(406) 444-0379
Program Manager
Whitney Bausch (406) 444-3403
Complaint Coordinator
Shasta Steinweden (406) 444-3109
Case Coordinator
Rich Jost (406) 444-2857
The information below is intended to provide direction and resources related to the cleanup of spills or the release of hazardous materials. Contact the Enforcement Program if you have any questions.
Spill Management and Reporting Policy
All releases or spills of hazardous or deleterious substances or other wastes, regardless of size, must be properly and expeditiously managed, contained, and removed to protect public health and the environment. This policy is written to provide guidance on when and how to report spills
Spill Management & Reporting Policy
Standardized Cleanup Report
The Enforcement Program (ENF) of the Montana Department of Environmental Quality oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation. This Standardized Cleanup Report (Report) format was developed to provide a guideline for the information ENF requires for closure of spills and releases.
Standardized Cleanup Report
Standardized Cleanup Statement
The Enforcement Program of DEQ oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation.
Standardized Cleanup Statement
Soil Sampling Guidance
The Enforcement Program of DEQ developed this guidance to assist environmental consultants and cleanup contractors to determine the minimum number of samples required to be collected when conducting assessment and remedial actions at release and spill sites conducted under ENF’s oversight. ENF classifies release or spill sites as either Small Sites (an excavation floor of 10,000 square feet or less) or Large Sites (an excavation floor of more than 10,000 square feet).
Soil Sampling Guidance
Approved Lab List
This list provides directory information on commercial firms that offer analyses of petroleum-contaminated soil and water samples. All listed laboratories have provided a Quality Assurance Plan of professional quality, a list of all analyses performed, a list of all equipment used, a price list, and a list of the positions and qualifications of all employees.
Approved Lab List
Hire a Consultant
The services of a qualified consultant may be necessary to assist you with the investigation and cleanup activities for leaking underground storage tanks in Montana. The purpose of this document is to aid you in locating and hiring an environmental consultant that best serves your particular release. The above link will connect you to an index of environmental consultants and their respective address, email address, and phone numbers.
Hiring an Environmental Consultant Environmental Consultant List
The Department of Environmental Quality administers a variety of environmental laws. The following is a list of statutes (Montana Code Annotated) and regulations (Administrative Rules of Montana) that contain an enforcement component.
| Statute | Administrative | Civil | Criminal | Penalties Deposited To |
|---|---|---|---|---|
|
Clean Air Act of Montana |
$10,000 per day per violation; maximum $80,000 §75-2-401, MCA |
$10,000 per day per violation §75-2-413, MCA |
Misdemeanor & $10,000 per violation or imprisonment for a period of not more than 2 years, or both §75-2-412, MCA |
Administrative & Civil: State Special Revenue (Alternate Energy Revolving Loan Account); Criminal: General Fund
|
|
Asbestos Control Act |
$10,000 per day per violation; maximum $80,000 §75-2-515, MCA |
$25,000 per day §75-2-514, MCA |
Misdemeanor §75-2-516, MCA |
Asbestos Control Account (State Special Revenue Fund) |
|
Motor Vehicle Recycling & Disposal Laws |
$50 per day per violation §75-10-542, MCA |
$250 per day per violation §75-10-542, MCA |
Misdemeanor & $250 or imprisonment in the county jail for up to 30 days, or both §75-10-542, MCA |
General Fund |
|
Strip & Underground Mine Reclamation Act |
$100 to $5,000 per violation each day; $750 per day up to 30 days §82-4-254, MCA |
N/A |
Misdemeanor & $500 to $10,000 per day or imprisonment for 1 year or both §82-4-254, MCA |
General Fund |
|
Strip & Underground Mine Siting Act |
N/A |
$100-$1,000 per violation ($100 to $1,000 per day per violation for failure to correct) §82-4-141, MCA |
A) Violates: permit, determination, or order is a misdemeanor & $500-$10,000 B) Falsities: not more than $10,000 or imprisonment for 1 year or both C) Resists or impedes: $5000 or imprisonment for 1 year, or both §82-4-141, MCA |
General Fund |
|
The Opencut Mining Act |
$100 to $1,000 per day per violation §82-4-441, MCA |
$5,000 per day per violation §84-4-441, MCA |
N/A | Special Revenue Account (Environmental Rehabilitation & Response Account) |
|
Metal Mine Reclamation Laws |
$100 to $1,000 per day per violation. Imminent danger to public health or safety or significant environmental harm maximum of $5,000 per day §84-4-361, MCA |
$5,000 per day per violation §84-4-361, MCA |
N/A | Special Revenue Account (Environmental Rehabilitation & Response Account) |
|
Montana Hazardous Waste Act |
$10,000 per day per violation up to $100,000 §75-10-424, MCA |
$10,000 per day per violation §75-10-417, MCA |
$25,000 per violation or imprisonment up to 3 years or both. Willful violation up to $5,000 per violation or imprisonment up to 6 months or both §75-10-418, MCA |
General Fund |
|
Montana Solid Waste Management Act |
$250 per day per violation §75-10-228, MCA |
$1,000 per day per violation §75-10-228, MCA |
Misdemeanor & $50 to $500 per day Dumping: fine $500 Dumping: absolute liability is $5,000 §75-10-233, MCA |
Special Revenue Account (Solid Waste Management Account) |
|
Water Quality Act |
$10,000 per day per violation; maximum $100,000; No harm to human health $500 per day per violation; maximum $5,000 for all days of the same violation §75-5-611(9)(a)(d), MCA |
$25,000 per day per violation §75-5-631, MCA |
$25,000 per day per violation or imprisonment up to 1 year or both. For subsequent conviction, $50,000 per day per violation or imprisonment up to 2 years or both; falsifying $25,000 or imprisonment for 6 months §75-5-632, MCA |
General Fund |
|
Public Water Supply Laws |
$500 per day per violation; $1,000 per day per violation for PWS serving > 10,000 persons §75-6-109, MCA |
$10,000 per day per violation §75-6-114, MCA |
Misdemeanor & $50 to $500 per day per violation §75-6-113, MCA |
General Fund |
|
Sanitation In Subdivisions Laws |
$250 per day per violation §76-6-109, MCA |
$1,000 per day per violation §76-6-109, MCA |
$1,000 maximum §76-6-109, MC |
General Fund |
|
Montana Major Facility Siting Act |
N/A |
$10,000 per day per violation §75-20-408, MCA |
$10,000 for each violation or imprisoned for not more than 1 year, or both §75-20-408, MCA |
Special Revenue Account (Major Facility Siting Account) |
|
Comprehensive Cleanup & Responsibility Act (CERCA) |
$1,000 per day per violation §75-10-714, MCA |
Release: $1,000 per day per violation §75-10-757, MCA Remedial: $10,000 per day per violation §75-10-711, MCA |
N/A | Special Revenue Account (Environmental Quality Protection Fund) |
|
Montana Underground Storage Tank Installer & Inspector Licensing & Permitting Act |
$500 per day per violation §75-11-223, MCA |
$10,000 per day per violation §75-11-223, MCA |
$10,000 per day per violation or imprisonment for no more than 6 months or both or first conviction. $20,000 per day per violation or imprisonment for no more than 1 year, subsequent convictions. §75-11-224, MCA |
Special Revenue Account (Underground Storage Tank License & Permit Account) |
|
Montana Underground Storage Tank Act |
$500 per day per violation §75-11-525, MCA |
$10,000 per day per violation §75-11-516, MCA |
N/A | General Fund |
|
Water Treatment Plant Operators Laws |
N/A | N/A |
Misdemeanor and each day is a separate offense §37-42-322, MCA |
General Fund |
|
Septic Disposal & Licensure Laws |
$500 per day per violation §75-10-1223, MCA |
$50 per day per violation §75-10-1223, MCA |
Misdemeanor & $500 per day per violation, each day is a separate offense |
Collected by DEQ: Special Revenue Account (Environmental Rehabilitation & Response Account) Collected by County: County General Fund) |
|
Wind Generation and Solar Facilities |
$1,500 per day per violation §75-26-304(9)(a), MCA |
N/A | N/A | Special Revenue Fund (Wind and Solar Decommissioning Account) |
The Enforcement Program oversees the cleanup of spills or releases of hazardous or deleterious substances from non-regulated entities, pipelines, and mobile sources that do not require long-term remediation.
Fiscal Year Status Reports
Status reports include detailed information about the Enforcement Program including number of complaints or spill reports received by type and DEQ program, status of reports received, total caseload and case status, and penalty statistics.