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Michigan Compiled Laws Complete Through PA 219 & includes 260-265, 275 & 280 of 2014
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Senate: Adjourned until Wednesday, August 13, 2014 12:00:00 PM

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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 324.20101.amendedSectionDefinitions.
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; guideline, bulletin, interpretive statement, or operational memorandum not binding on person; 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 324.20105SectionRepealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
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; hazardous substances; obligations based on current numeric cleanup criteria; liability for costs and damages; compliance with section; applicability of subsection (1)(a) to (c) to state or local unit of government; "express public purpose" explained.
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 324.20109aSectionRepealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
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 324.20112aSectionInventory of residential closures; creation and update; compilation of data; no further action reports.
Section 324.20112bSectionReleases associated with clandestine drug laboratories; report.
Section 324.20113SectionAppropriation; purposes; request to governor; list of facilities; use of fund; expenditures; limitation; providing list of projects to governor and legislative committees; "urbanized area" defined.
Section 324.20114SectionOwner or operator of facility; duties; response activity without prior approval; easement; applicability of subsections (1) and (3); effect of section on authority of department to conduct response activities or on liability of certain persons.
Section 324.20114aSectionUndertaking response activities without prior approval of department; exception; completion; submission of no further action report.
Section 324.20114bSectionResponse activity plan; submission; form; availability; response by department; failure of department to respond within certain time frames; extension; appeal of department's decision.
Section 324.20114cSectionRemedial actions satisfying or not satisfying cleanup criteria for unrestricted residential use; preparation and implementation of postclosure plan; contents; development of restrictive covenant; recording; notice of land use or resource use restrictions to department and zoning authority; placement of restrictive covenants on deeds of state-owned property; liability; obligation to undertake response activities.
Section 324.20114dSectionNo further action report.
Section 324.20114eSectionResponse activity review panel.
Section 324.20114e.amendedSectionResponse activity review panel.
Section 324.20114fSectionCertificate of completion.
Section 324.20114gSectionDocumentation of due care compliance.
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 324.20115.amendedSectionNotice to department of agriculture and rural development; information; “substance regulated by the department of agriculture and rural development” 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 324.20120SectionSelection of remedial action; factors.
Section 324.20120aSectionCleanup criteria.
Section 324.20120bSectionNumeric or nonnumeric site-specific criteria.
Section 324.20120cSectionRelocation of contaminated soil.
Section 324.20120dSectionPublic meeting; notice; publication; summary document; administrative record; comments or information not included in record.
Section 324.20120eSectionResponse activity providing for venting groundwater; definitions.
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 324.20129aSectionRepealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
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; failure of facility owner or operator to report hazardous substance release; civil fine; 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; "serious bodily injury" defined.
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.