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95th Legislature Regular Session  

Michigan Compiled Laws Complete Through PA 139 of 2009  
House: Adjourned until Tuesday, December 01, 2009 1:30:00 PM  
Senate: Adjourned until Tuesday, December 01, 2009 10:00:00 AM  
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451-1994-II-7-201
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
Part 201
ENVIRONMENTAL REMEDIATION

DocumentTypeDescription
Section 324.20101SectionDefinitions.
Section 324.20101aSectionParticipation in management of facility by lender; “workout” defined.
Section 324.20101bSectionLiability of lender as fiduciary or representative for disabled person; responsibilities.
Section 324.20102SectionLegislative finding and declaration.
Section 324.20102aSectionApplicability of provisions in effect on May 1, 1995 to certain actions; incorporation by reference; approval of changes in response activity plan.
Section 324.20103SectionFederal assistance.
Section 324.20104SectionCoordination of activities; rules; damages; use of nonuse valuation methods; applicability of provisions to certain bankruptcy actions or claims.
Section 324.20104aSectionBrownfield redevelopment board; creation; membership; quorum; business conducted at public meeting; writings subject to freedom of information act; duties and responsibilities.
Section 324.20105SectionDuties of department; notification of inclusion on list; removal of site from list; “list” defined.
Section 324.20105aSectionSites receiving state funds to conduct response activities; compilation, arrangement, and submission of list.
Section 324.20106SectionLevel of funding; recommendation of governor.
Section 324.20107SectionTearing down, removing, or destroying sign or notice as misdemeanor; penalty.
Section 324.20107aSectionDuties of owner or operator having knowledge of facility; liability for costs and damages; compliance with section; applicability of subsection (1).
Section 324.20108SectionCleanup and redevelopment fund; creation; deposit of assets into fund; subaccounts; unexpended balance to be carried forward.
Section 324.20108aSectionRevitalization revolving loan fund; creation; deposit of assets into fund; investment; interest and earnings; carrying forward unexpended balance; lump-sum appropriation; expenditure.
Section 324.20108bSectionRevitalization revolving loan program.
Section 324.20108cSectionState site cleanup fund; creation; deposit of assets into fund; investment; interest and earnings; money remaining in fund; lapse; use of money; state sites cleanup program; establishment; purpose; expenditure; list of facilities with state liability; prioritized list; payment for necessary response activities; carrying forward unexpended funds; compliance with MCL 18.1451; report.
Section 324.20109SectionRepealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20109aSectionMunicipal landfill cost-share grant program.
Section 324.20110, 324.20111SectionRepealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20112SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20112aSectionReport to legislature.
Section 324.20112bSectionReleases associated with clandestine drug laboratories; report.
Section 324.20113SectionAppropriation; purposes; request to governor; list of sites; use of fund; expenditures; limitation; providing list of projects to governor and legislative committees.
Section 324.20114SectionOwner or operator of facility; duties; response activity without prior approval; easement; applicability of subsections (1) and (3); completion of response activities; document; failure to notify department or submission of false or misleading information; civil fine; limitations; approval of plan.
Section 324.20114aSectionPerson subject to civil fine; exception.
Section 324.20115SectionNotice to department of agriculture; information; “substance regulated by the department of agriculture” defined; response activities to be consistent with MCL 324.8714(2).
Section 324.20115aSectionRelease or threat of release from underground storage tank system; corrective actions.
Section 324.20115bSectionRelease from disposal area; corrective actions; exception.
Section 324.20116SectionTransfer of interest in real property; notice; certification; disclosure of restrictions.
Section 324.20117SectionInformation required to be furnished; requirements; right to enter public or private property; purposes; duties of person entering public or private property; copies of sample analyses, photographs, or videotapes; completion of inspections and investigations; refusing entry or information; powers of attorney general; injunction; civil fine; availability of information to public; protection of information; administrative subpoena; witness fees and mileage; court order; contempt; “information” defined.
Section 324.20118SectionResponse activity; purposes of remedial action; alternatives; referred remedial actions; approval of plan; conditions; record; analysis of source control measures; liability; aquifer monitoring plan; innovative cleanup technologies.
Section 324.20119SectionAction to abate danger or threat; administrative order; noncompliance; liability; petition for reimbursement; action in court of claims; evidence.
Section 324.20120SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20120aSectionCleanup criteria.
Section 324.20120bSectionRemedial action plan.
Section 324.20120cSectionRelocation of soil.
Section 324.20120dSectionPublic meeting; notice; publication; summary document; administrative record; comments or information not included in record.
Section 324.20120eSectionRepealed. 2006, Act 603, Eff. Jan. 3, 2008.
Section 324.20121-324.20125SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20126SectionLiability under part.
Section 324.20126aSectionJoint several liability; costs of amounts recoverable; interest; recovery; permitted release; action by attorney general; action brought by state or other person.
Section 324.20127SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20128SectionLiability of response activity contractor; effect of warranty; liability of employer to employee; governmental employee exempt from liability; definitions; liability of person in rendering care, assistance, or advice on release of petroleum; effect of exception under subsection (6); burden of establishing liability.
Section 324.20129SectionDivisibility of harm and apportionment of liability; liability for indivisible harm; contribution; factors in allocating response activity costs and damages; reallocation of uncollectible amount; effect of consent order; resolution of liability in approved settlement; contribution protection; effect of state obtaining less than complete relief; contribution from person not party to consent order; subordinate rights in action for contribution.
Section 324.20129aSectionExemption from liability; petition.
Section 324.20130SectionIndemnification, hold harmless, or similar agreement or conveyance; subrogation.
Section 324.20131SectionLimitations on liability; circumstances requiring total costs and damages.
Section 324.20132SectionCovenant not to sue generally; future enforcement action.
Section 324.20133SectionRedevelopment or reuse of facility; covenant not to sue; conditions; demonstration; limitation; reservation of right to assert claims; irrevocable right of entry; monitoring compliance.
Section 324.20134SectionConsent order; settlement.
Section 324.20134aSectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20135SectionCivil action; jurisdiction; conditions; notice; awarding costs and fees; rights not impaired; venue.
Section 324.20135aSectionAccess to property; action by court.
Section 324.20136SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20137SectionAdditional relief; providing copy of complaint to attorney general; jurisdiction; judicial review; intervenor.
Section 324.20138SectionUnpaid costs and damages as lien on facility; priority; commencement and sufficiency of lien; petition; notice of hearing; increased value as lien; perfection, duration, and release of lien; document stating completion of response activities.
Section 324.20139SectionApplicability of penalties; conduct constituting felony; penalties; jurisdiction; criminal liability for substantial endangerment to public health, safety, or welfare; determination; knowledge attributable to defendant; award; rules; definition.
Section 324.20140SectionLimitation periods; effect of subsection (3).
Section 324.20141SectionRepealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20142SectionCompliance as bar to certain claims; exceptions.

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