(1) This subchapter implements 75-1-1001 and 82-4-1001, MCA, which provide factors for calculating penalties assessed under:

(a) Title 75, chapters 2, 5, 6, 11 and 20, MCA;

(b) Title 75, chapter 10, parts 2, 4, 5 and 12, MCA;

(c) Title 76, chapter 4, MCA; and

(d) Title 82, chapter 4, parts 1, 2, 3, and 4, MCA.

(2) The purpose of the penalty calculation process is to calculate a penalty that is commensurate with the severity of the violation, that provides an adequate deterrent, and that captures the economic benefit of noncompliance. The department shall provide a copy of the penalty calculation to the alleged violator.

(3) The department may not assess a penalty that exceeds the maximum penalty amount authorized by the statutes listed in (1).