Septic firm faces legal action

The state is seeking a permanent injunction against a local septic pumping firm because of alleged septic disposal and record-keeping violations.

The Montana Department of Environmental Quality is seeking a permanent injunction against a local septic pumping firm because of alleged septic disposal and record-keeping violations.

In a complaint filed on April 11, the department says it's also seeking penalties of up to $500 per day against Marks Environmental Services, Pattie Irvine and Mark Irvine.

The lawsuit alleges several specific violations, including operating without a license, disposing of septic waste on property that wasn't approved for land application, disposing of waste on property without obtaining the landowner's permission, and improper record-keeping.

DEQ attorney Norman Mullen said this may be the first time the department has filed a lawsuit seeking financial penalties against a septic firm.

"We normally don't have to file lawsuits or seek penalties," Mullen said. "There are a couple of hundred pumpers in the state, and most don't seem to have a problem [following the rules]. We're willing to work with them. It's only when they aren't willing to do what they're supposed to do and aren't willing to come into compliance that we take the next step."

In addition to the penalties, the lawsuit seeks preliminary and permanent injunctions restraining Marks Environmental Services from further operations.

In a separate action, DEQ recently denied the company's license renewal application.

"That doesn't happen very often," Mullen said. "I've been a lawyer for the department for more than five years and this is the first denial I know of."

The company has 30 days to appeal the denial and 20 days to answer the lawsuit.

On Monday, Mark Irvine had no comment about the complaint other than to say that there was "absolutely nothing to it" and that the agency officials "are idiots."

In January of 2004, Marks Environmental Service paid a $2,450 penalty and agreed to submit monthly records to settle previous violations.