310 Civil Penalties Working Group Stakeholder Survey

  • 310 Civil Penalties Working Group Stakeholder Survey

    The Montana Association of Conservation Districts 310 Civil Penalties Working Group is seeking your feedback on proposed changes to the Montana Code Annotated (MCA) 75-7-123 and associated Administrative Rules of Montana (ARM). Our goal is to create a penalty structure that is fair, consistent, and provides clear guidelines for Conservation Districts (CDs) and 310 permittees across the state.

  • Section 1: General Approach

  • The current statute uses a fixed $500 per day penalty. The proposal moves toward a standardized, formula based approach for assessing a civil penalty, based on the "extent and severity of impacts" and the "duration of the violation". In the video, examples of this approach were shared. To what extent do you support this shift from a fixed $500/day penalty to a standardized, formula-based approach?
  • The proposal aims to keep statutory language (MCA) simple and minimal, while placing detailed mechanics in administrative rules (ARM) to allow for flexibility. Do you agree with this "hybrid" structure?

  • Section 2: The Penalty Formula & Matrix

  • The subcommittee has proposed a standardized formula for assessing a civil penalty. The penalty will based on the following formula:

  • Penalty = (Extent of Impact) x (Severity of Impact) x (Duration of Violation)

  • Severity of Impact: The proposed rubric rates impacts (0–2) across several categories including soil erosion and sedimentation, harmful flooding/erosion, channel alterations, water quality/turbidity, and aquatic life habitat. These criteria were generated from the current 310 permit guidelines and correlate to Streamside Management Zone metrics. How fair and balanced do you think this approach is as a framework for measuring project impacts?
  • Duration: There has been discussion regarding when a violation "starts" (e.g., when the project was initiated vs. when the district confirmed the violation). In your opinion, what is the most reasonable starting point for calculating daily penalties?

  • Section 3: Discretion and Limits

  • Section 4: Open-ended Questions

  • Section 5: Stakeholder Profile

  • Which group(s) do you primarily represent?
  • Should be Empty: