reglab/housing_qa huggingface dataset:
MI Comp L § 324.5528 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5528 - Violation of Part, Rule, Terms of Permit, or Order; Agreement to Correct Violation; Consent Order; Public Notice and Opportunity for Public Comment; Providing Copy of Proposed Consent Order.

324.5528 Violation of part, rule, terms of permit, or order; agreement to correct violation; consent order; public notice and opportunity for public comment; providing copy of proposed consent order. Sec. 5528.  (1) If the department believes that a violation of this part or a rule promulgated under this part exists, or a violation of the terms of a permit issued under this part exists, the department shall provide the person responsible for the alleged violation with the opportunity to enter into an agreement with the department to correct the alleged violation. The agreement may provide for monetary or other relief as agreed upon by the parties. The agreement shall be in the form of a consent order and shall provide for compliance with this part and rules promulgated under this part and compliance with any applicable permit issued under this part. In addition, each consent order shall contain a compliance schedule that provides for reasonable progress toward full compliance by a designated date.  (2) If the department believes that a violation of an order issued under this part exists, the department may provide the person responsible for the alleged violation with the opportunity to enter into an agreement with the department to correct the alleged violation. The agreement may provide for monetary or other relief as agreed upon by the parties. The agreement shall be in the form of a consent order and shall provide for compliance with this part and rules promulgated under this part and compliance with any applicable permit or order issued under this part. In addition, each consent order shall contain a compliance schedule that provides for reasonable progress toward full compliance by a designated date.  (3) The department shall provide public notice and an opportunity for public comment on the terms and conditions of a consent order. Upon the request of any person the department shall provide a copy of the proposed consent order. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5529 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5529 - Administrative Fine; Limitation; Petition for Review of Fine.

324.5529 Administrative fine; limitation; petition for review of fine. Sec. 5529.  (1) The department may assess an administrative fine of up to $10,000.00 for each instance of violation and, if the violation continues, for each day of continued noncompliance, if the department, on the basis of available information, finds that the person has violated or is in violation of this part or a rule promulgated under this part, has failed to obtain a permit required under this part, violates an order under this part, or has failed to comply with the terms of a permit issued under this part. If a single event constitutes an instance of violation of any combination of this part, a rule promulgated under this part, or a permit issued or order entered under this part, the amount of the administrative fine for that single event shall not exceed $10,000.00 for that violation. The assessment of an administrative fine may be either a part of a compliance order or a separate order issued by the department.  (2) The authority of the department under this section is limited to matters where the total administrative fine sought does not exceed $100,000.00 and the first alleged date of violation occurred within 12 months prior to initiation of the administrative action. Except as may otherwise be provided by applicable law, the department shall not condition the issuance of a permit on the payment of an administrative fine assessed pursuant to this section.  (3) Within 28 days of being assessed an administrative fine from the department, a person may file a petition with the department for review of this fine. Review of the fine shall be conducted pursuant to the contested case procedures of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws. If issued as part of a consent order issued pursuant to section 5528, only the amount of the administrative fine and the alleged violation on which the fine is based are subject to the contested case procedures of Act No. 306 of the Public Acts of 1969. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5530 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5530 - Commencement of Civil Action by Attorney General; Relief; Costs; Jurisdiction; Defenses; Fines.

324.5530 Commencement of civil action by attorney general; relief; costs; jurisdiction; defenses; fines. Sec. 5530.  (1) The attorney general may commence a civil action against a person for appropriate relief, including injunctive relief, and a civil fine as provided in subsection (2) for any of the following:  (a) Violating this part or a rule promulgated under this part.  (b) Failure to obtain a permit under this part.  (c) Failure to comply with the terms of a permit or an order issued under this part.   (d) Failure to pay an air quality fee or comply with a filing requirement under this part.  (e) Failure to comply with the inspection, entry, and monitoring requirements of this part.  (f) A violation described in section 5518(2).  (2) In addition to any other relief authorized under this section, the court may impose a civil fine of not more than $10,000.00 for each instance of violation and, if the violation continues, for each day of continued violation.   (3) In addition to other relief authorized under this section, the attorney general may, at the request of the department, file an action in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the state.  (4) In issuing a final order in an action brought pursuant to this section, the court may award costs of litigation, including, but not limited to, reasonable attorney and expert witness fees, to the prevailing or substantially prevailing party if the court determines that such an award is appropriate.   (5) A civil action brought under this section may be brought in the county in which the defendant is located, resides, or is doing business, or in the circuit court for the county of Ingham, or in the county in which the registered office of a defendant corporation is located, or in the county where the violation occurred.  (6) General defenses and affirmative defenses, that may otherwise apply under state law may apply in an action brought under this section as determined to be appropriate by a court of competent jurisdiction.  (7) Fines imposed under this section shall be assessed for each instance of violation and, if the violation is continuous, shall be assessable up to the maximum amount for each day of violation. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5532 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5532 - Civil or Criminal Fines; Factors to Be Considered in Determining Amount.

324.5532 Civil or criminal fines; factors to be considered in determining amount. Sec. 5532.  (1) A civil or criminal fine assessed, sought, or agreed upon under this part shall be appropriate to the violation.  (2) In determining the amount of any fine levied under this part, all of the following factors shall be considered:  (a) The size of the business.   (b) The economic impact of the penalty on the business.  (c) The violator's full compliance history and good faith efforts to comply.  (d) The duration of the violation as established by any credible evidence, including evidence other than the applicable test method.  (e) Payment by the violator of penalties previously assessed for the same violation.   (f) The economic benefit of noncompliance.  (g) The seriousness of the violation.  (h) Such other factors as justice may require. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5533 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5533 - Award; Eligibility; Rules.

324.5533 Award; eligibility; rules. Sec. 5533.  The department may pay an award of up to $10,000.00 to an individual who provides information resulting in the assessment of a civil fine by a court in an action brought by the attorney general pursuant to section 5530, or leading to the arrest and conviction of a person under section 5531. An officer or employee of the United States, state of Michigan, an authorized representative of the department as defined in section 5526(3), or any other state or local government who furnishes information described in this section in the performance of an official duty is ineligible for payment under this section. In addition, an employee of the department of natural resources, a designee of the department of natural resources, or a person employed by the department of attorney general is ineligible to receive an award under this section regardless of whether the reported information came to his or her attention while functioning in an official capacity or as a private citizen. A person may not receive an award under this section for a violation of this part made by that person alone or in conjunction with others. An award shall not be made under this section until rules are promulgated by the department prescribing the criteria for making awards. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5534 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5534 - Repealed. 1999, Act 231, Imd. Eff. Dec. 28, 1999.

324.5534 Repealed. 1999, Act 231, Imd. Eff. Dec. 28, 1999. Compiler's Notes: The repealed section pertained to certain violations exempt from penalties.Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5535 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5535 - Suspension of Enforcement; Reasons; Variance.

324.5535 Suspension of enforcement; reasons; variance. Sec. 5535.  Notwithstanding any other provision of this part, the department may suspend the enforcement of the whole or any part of any rule as it applies to any person who shows that the enforcement of the rule would be inequitable or unreasonable as to that person, or the department may suspend the enforcement of the rule for any reason considered by it to be sufficient to show that the enforcement of the rule would be an unreasonable hardship upon the person. Upon any suspension of the whole or any part of the rule the department shall grant to the person a variance from that rule. The department shall not suspend enforcement or grant a variance under this section that would violate the clean air act.  History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5536 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5536 - Variance; Considerations Effecting.

324.5536 Variance; considerations effecting.  Sec. 5536.  In determining under what conditions and to what extent a variance from a rule or regulation that would not violate the clean air act may be granted, the department shall give due recognition to the progress which the person requesting the variance has made in eliminating or preventing air pollution. The department shall consider the reasonableness of granting a variance conditioned upon the person effecting a partial control of the particular air pollution or a progressive control of the air pollution over a period of time that it considers reasonable under all the circumstances or the department may prescribe other and different reasonable requirements with which the person receiving the variance shall comply. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5537 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5537 - Variance; Granting for Undue Hardship.

324.5537 Variance; granting for undue hardship.  Sec. 5537.  The department shall grant a variance from any rule to, and suspend the enforcement of the rule as it applies to, any person who shows in the case of the person and of the source, process, or process equipment that the person operates that his or her compliance with the rule or regulation, and that the acquisition, installation, operation and maintenance of a source or process, or process equipment required or necessary to accomplish the compliance, would constitute an undue hardship on the person and would be out of proportion to the benefits to be obtained by compliance. A variance shall not be granted under this section if the person applying for the variance is causing air pollution that is injurious to the public health or if the granting of the variance would violate the clean air act. Any variance granted shall not be construed as relieving the person who receives it from any liability imposed by other law for the maintenance of a nuisance. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5538 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5538 - Variance; Period Granted; Report; Conditions.

324.5538 Variance; period granted; report; conditions. Sec. 5538.  Any variance granted pursuant to sections 5535, 5536, and 5537 shall be granted for a period of time, that does not exceed 1 year, as is specified by the department at the time of granting it, but any variance may be continued from year to year. Any variance granted by the department may be granted on the condition that the person receiving it shall report to the department periodically, as the department specifies, as to the progress which the person has made toward compliance with the rule of the department. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5539 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5539 - Variance; Revocation or Modification of Order; Public Hearing and Notice Required.

324.5539 Variance; revocation or modification of order; public hearing and notice required. Sec. 5539.  The department may revoke or modify any order permitting a variance by written order, after a public hearing held upon not less than 10 days' notice. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5540 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5540 - Purpose of Part; Alteration of Existing Rights of Actions or Remedies.

324.5540 Purpose of part; alteration of existing rights of actions or remedies. Sec. 5540.  It is the purpose of this part to provide additional and cumulative remedies to prevent and abate air pollution. This part does not abridge or alter rights of action or remedies now or hereafter existing. This part or anything done by virtue of this part shall not be construed as estopping persons from the exercise of their respective rights to suppress nuisances or to prevent or abate air pollution. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5541 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5541 - Construction of Part; Evidentiary Effect of Determination by Commission.

324.5541 Construction of part; evidentiary effect of determination by commission. Sec. 5541.  This part does not repeal any of the laws relating to air pollution which are not by this part expressly repealed. This part is ancillary to and supplements the laws now in force, except as they may be in direct conflict with this part. The final order or determination of the department shall not be used as evidence of presumptive air pollution in any suit filed by any person other than the department. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.5542 (2021)
2021 Michigan Compiled Laws|Chapter 324 - Natural Resources and Environmental Protection|Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)|Article II - Pollution Control (324.3101...324.21563)|451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)|451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)|Section 324.5542 - Effect on Existing Ordinances or Regulations; Local Enforcement; Cooperation With Local Governmental Units.

324.5542 Effect on existing ordinances or regulations; local enforcement; cooperation with local governmental units.  Sec. 5542.  (1) Nothing in this part or in any rule promulgated under this part invalidates any existing ordinance or regulation having requirements equal to or greater than the minimum applicable requirements of this part or prevents any political subdivision from adopting similar provisions if their requirements are equal to or greater than the minimum applicable requirements of this part.  (2) When a political subdivision or enforcing official of a political subdivision fails to enforce properly the provisions of the political subdivision's ordinances, laws, or regulations that afford equal protection to the public as provided in this part, the department, after consultation with the local official or governing body of the political subdivision, may take such appropriate action as may be necessary for enforcement of the applicable provisions of this part.  (3) The department shall counsel and advise local units of government on the administration of this part. The department shall cooperate in the enforcement of this part with local officials upon request. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA