reglab/housing_qa huggingface dataset:
MI Comp L § 324.21314a (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21314a - Classification of Sites; Corrective Action; Schedule.

324.21314a Classification of sites; corrective action; schedule.Sec. 21314a.  Sites shall be classified consistent with the process outlined in RBCA. If the department determines that no imminent risk to the public health, safety, or welfare or the environment exists at a site, the department may allow corrective action at these sites to be conducted on a schedule approved by the department. History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21316 (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21316 - Use of Forms.

324.21316 Use of forms.Sec. 21316.  The department may create and require the use of forms containing information specifically required under this part to assist in the reporting requirements provided in this part. History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21316a (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21316a - Delivery of Regulated Substance to Underground Storage Tank as Misdemeanor; Penalty; Notice of Violation; Placard; Tampering With Placard as Misdemeanor; Commencement of Criminal Actions.

324.21316a Delivery of regulated substance to underground storage tank as misdemeanor; penalty; notice of violation; placard; tampering with placard as misdemeanor; commencement of criminal actions.Sec. 21316a.  (1) A person shall not knowingly deliver a regulated substance to an underground storage tank system that has had a placard affixed to it under subsection (2). A person that knowingly delivers a regulated substance to an underground storage tank system that has had a placard affixed to it under subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. A person is considered to have knowledge if placards have been affixed to the underground storage tank system at the property and are visible at the time of the delivery.  (2) The department, upon discovery of the operation of an underground storage tank system in violation of this part, rules promulgated under this part, part 211, or rules promulgated under part 211, shall provide notification prohibiting delivery of regulated substances to the underground storage tank system by affixing a placard providing notice of the violation in plain view to the underground storage tank system. The department shall provide a minimum of 15 days' notice to the owner or operator that is liable under section 21323a prior to affixing a placard for violations of this part or rules promulgated under this part, unless the violation causes an imminent and substantial endangerment to the public health, safety, or welfare or the environment.  (3) A person shall not remove, deface, alter, or otherwise tamper with a placard affixed to an underground storage tank system pursuant to subsection (2). A person that knowingly removes, defaces, alters, or otherwise tampers with a placard affixed to an underground storage tank system pursuant to subsection (2) such that the notification is not discernible is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.  (4) The attorney general or, upon request by the department, county prosecuting attorney may commence criminal actions for violation of subsections (1) and (3) in the circuit court of the county where the violation occurred. History: Add. 1995, Act 22, Eff. May 14, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21317-324.21319 (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21317-324.21319 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21317-324.21319 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995. Compiler's Notes: The repealed sections pertained to type C cleanup, corrective action plans, and issuance of orders.Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21319a (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21319a - Administrative Order.

324.21319a Administrative order.Sec. 21319a.  (1) In accordance with this section, if the department determines that there may be an imminent risk to the public health, safety, or welfare, or the environment, because of a release or threatened release, the department may require an owner or operator that is liable under section 21323a to take action as may be necessary to abate the danger or threat.  (2) The department may issue an administrative order to an owner or operator that is liable under section 21323a requiring that person to perform corrective actions relating to a site, or to take any other action required by this part. An order issued under this section shall state with reasonable specificity the basis for issuance of the order and specify a reasonable time for compliance.  (3) Within 30 days after issuance of an administrative order under this section, a person to whom the order was issued shall indicate in writing whether the person intends to comply with the order.  (4) A person who, without sufficient cause, violates or fails to properly comply with an administrative order issued under this section is liable for either or both of the following:  (a) A civil fine of not more than $25,000.00 for each day during which the violation occurs or the failure to comply continues. A fine imposed under this subsection shall be based upon the seriousness of the violation and any good faith efforts by the violator to comply with the administrative order.  (b) For exemplary damages in an amount at least equal to the amount of any costs of corrective action incurred by the state as a result of a failure to comply with an administrative order but not more than 3 times the amount of these costs.  (5) A person to whom an administrative order was issued under this section may appeal the administrative order pursuant to section 21333. History: Add. 1995, Act 22, Eff. May 14, 1995 ;-- Am. 2012, Act 112, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21320 (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21320 - Corrective Actions by Department.

324.21320 Corrective actions by department.Sec. 21320.  If the department learns of a suspected or confirmed release from an underground storage tank system, the department may undertake corrective actions necessary to protect the public health, safety, or welfare or the environment at sites where persons that are liable are not financially viable or not readily identifiable, at sites where persons that are liable have not implemented corrective action necessary to abate an imminent and substantial endangerment, or to facilitate brownfield redevelopment. History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21321, 324.21322 (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21321, 324.21322 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21321, 324.21322 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995. Compiler's Notes: The repealed sections pertained to failure to submit report within required time and liability imposed on owner or operator.Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323 (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323 - Commencement of Civil Action by Attorney General; Return or Retention of Federal Funds.

324.21323 Commencement of civil action by attorney general; return or retention of federal funds.Sec. 21323.  (1) The attorney general may, on behalf of the department, commence a civil action seeking any of the following:  (a) A temporary or permanent injunction.  (b) Recovery of all costs incurred by the state for taking corrective action.  (c) Damages for the full injury done to the natural resources of this state along with enforcement and litigation costs incurred by the state.  (d) Declaratory judgment on liability for future corrective action costs.  (e) Subject to section 21313a, a civil fine of not more than $10,000.00 for each underground storage tank system for each day of noncompliance with a requirement of this part or a rule promulgated under this part. A fine imposed under this subdivision shall be based upon the seriousness of the violation and any good faith efforts by the violator to comply with the part or rule.  (f) A civil fine of not more than $25,000.00 for each day of noncompliance with a corrective action order issued pursuant to this part. A fine imposed under this subdivision shall be based upon the seriousness of the violation and any good faith efforts by the violator to comply with the corrective action order.  (g) Recovery of funds provided to the state from the United States environmental protection agency's leaking underground storage tank trust fund.  (2) A civil action brought under subsection (1) may be brought in the circuit court for the county where the release occurred or for the county where the defendant resides.  (3) The state may, when appropriate, return to the United States environmental protection agency any federal funds recovered under this part. The state may also retain any federal funds recovered under this part in a separate account for use in implementing this part, with such use subject to approval of the United States environmental protection agency. History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 2012, Act 112, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323e (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.

324.21323e Effect of indemnification, hold harmless, or similar agreement or conveyance.Sec. 21323e.  (1) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer from a person that is liable under section 21323a to the state for evaluation or corrective action costs or damages for a release or threat of release to any other person the liability imposed under this part. This section does not bar an agreement to insure, hold harmless, or indemnify a party to the agreement for liability under this part.  (2) This part does not bar a cause of action that a person subject to liability under this part, or a guarantor, has or would have by reason of subrogation or otherwise against any person. History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323f (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323f - Costs and Damages; Limitation.

324.21323f Costs and damages; limitation.Sec. 21323f.  (1) Except as provided in subsection (2), the liability under this part for each release or threat of release shall not exceed the total of all the costs of corrective action and fines, plus $50,000,000.00 damages for injury to, destruction of, or loss of natural resources resulting from the release or threat of release, including the reasonable costs of assessing the injury, destruction, or loss resulting from the release or threat of release.  (2) Notwithstanding the limitations in subsection (1), the liability of a person under this part shall be the full and total costs and damages listed in subsection (1), in either of the following circumstances:  (a) The release or threatened release of a regulated substance was the result of willful misconduct or gross negligence of the party.  (b) The primary cause of the release or threat of release was a knowing violation of applicable safety, construction, or operating standards or regulations. History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323k (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323k - Access to Property.

324.21323k Access to property.Sec. 21323k.  (1) A person that is liable under section 21323a or a lender that has a security interest in all or a portion of a property on which contamination from a release of regulated substances from an underground storage tank system may file a petition in the circuit court of the county in which the property is located seeking access to the property in order to conduct corrective action. If the court grants access to property under this section, the court may do any of the following:  (a) Provide compensation to the person that owns or operates the property for damages related to the granting of access to the property, including compensation for loss of use of the property.  (b) Enjoin interference with the corrective action.  (c) Grant any other appropriate relief as determined by the court.  (2) If a court grants access to property under this section, the person that owns or operates the property to which access is granted is not liable for either of the following:  (a) A release caused by the corrective action for which access is granted unless the person is otherwise liable under section 21323a.  (b) For conditions associated with the corrective action that may present a threat to public health or safety. History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323l (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323l - Limitation Period for Filing Actions.

324.21323l Limitation period for filing actions.Sec. 21323l.  The limitation period for filing actions under this part is as follows:  (a) For the recovery of corrective action costs and natural resources damages pursuant to section 21323b(1)(a), (b), or (c), within 6 years of initiation of physical on-site construction activities for the corrective action at the property by the person seeking recovery, except as provided in subdivision (b).  (b) For 1 or more subsequent actions for recovery of corrective action costs pursuant to section 21323b, at any time during the corrective action, if commenced not later than 3 years after the date of completion of all corrective action at the property.  (c) For civil fines under this part, within 3 years after discovery of the violation for which the civil fines are assessed. History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323m (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323m - Persons Exempt From Liability.

324.21323m Persons exempt from liability.Sec. 21323m.  (1) Except as provided in section 21323b(5), a person that has complied with the requirements of this part or is exempt from liability under this part is not subject to a claim in law or equity for performance of corrective action under part 17, part 31, or common law.  (2) A person who is exempt from liability under section 21323a is not liable for a claim for corrective action costs, fines or penalties, natural resources damages, or equitable relief under part 17, part 31, or common law resulting from the contamination existing on the site or migrating from the site on the earlier of the date of purchase, occupancy, foreclosure or transfer of ownership, or control of the site to the person. The liability protection afforded in this subsection does not extend to a violation of any permit issued under state law. This subsection does not alter a person's liability for violation of section 21304c.  (3) This section does not bar any of the following:  (a) Tort claims unrelated to performance of corrective action.  (b) Tort claims for damages which result from corrective action.  (c) Tort claims related to the exercise or failure to exercise responsibilities under section 21304c. History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21323n (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21323n - Documentation of Due Care.

324.21323n Documentation of due care.Sec. 21323n.  (1) A person may submit to the department documentation of due care compliance regarding a site. The documentation of due care compliance shall be submitted on a form provided by the department and shall contain documentation of compliance with section 21304c prepared by a qualified underground storage tank consultant, and other information required by the department.  (2) Within 45 business days after receipt of documentation of due care compliance under subsection (1) containing sufficient information for the department to make a decision, the department shall approve, approve with conditions, or deny the documentation of due care compliance. If the department does not approve the documentation of due care compliance, the department shall provide the person that submitted the documentation the reasons why the documentation of due care compliance was not approved.  (3) A person that disagrees with a decision of the department under this section may submit a petition for review of scientific or technical disputes to the response activity review panel pursuant to section 20114e or submit a petition to the department's office of administrative hearings for a contested case hearing pursuant to section 21332. History: Add. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: NREPA
MI Comp L § 324.21325a (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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)|451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)|Section 324.21325a - Department Employees Responsible for Oversight; Training; Proficiency.

324.21325a Department employees responsible for oversight; training; proficiency.Sec. 21325a.  Department employees who are responsible for the oversight of corrective action or the audits conducted under section 21315 shall be formally trained and demonstrate proficiency in RBCA. History: Am. 2016, Act 381, Eff. Mar. 29, 2017 Popular Name: Act 451Popular Name: NREPA