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(3) The operator, timber owner or landowner shall be given the 

 opportunity to appear before the board for the purpose of presenting 

 facts pertaining to the alleged violation and the proposed expenditure. 

 All hearings and appeal procedures shall be in accordance with sections 

 82-4209 through 82-4217. 



Section 108 



(1) Any person or operator who violates any of the provisions of this 

 act or rules or orders adopted shall pay a civil penalty of not less 

 than one hundred dollars ($100.00) nor more than one thousand ($1,000.00) 

 for each day during which a violation continues. The operator may be 

 enjoined from continuing such violations as hereinafter provided by 



the sections of this act. These penalties shall be recoverable in any 

 action brought in the name of the State of Montana by the Attorney General 

 in the court of the first judicial district of this State, or in the 

 district court having jurisdiction of the defendant. 



(2) The Attorney General shall, upon the request of the director, sue 

 for the recovery of the penalties provided for in this section, and bring 

 an action for a restraining order, temporary or permanent, against an 

 operator or other person violating or threatening to violate an order 

 adopted under this act. 



