reglab/statecodes huggingface dataset:
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1407 - Clean Corporate Citizen Designation; Disqualification; Conduct.

324.1407 Clean corporate citizen designation; disqualification; conduct.
Sec. 1407.
(1) To qualify for a clean corporate citizen designation, a facility shall not have been the subject of any of the following at any time within the preceding 3 years:
(a) A conviction for a criminal violation of an applicable state environmental requirement.
(b) An assessment by a court of appropriate jurisdiction, of a civil fine, penalty, or damages of $10,000.00 or more for violation of an applicable state environmental requirement.
(c) A determination, by a court of appropriate jurisdiction, of responsibility for an illegal action that substantially endangered the public health, safety, or welfare or the environment.
(d) A departmental assessment, a judicial consent decree, or an administrative consent order, imposing a fine or damages of $32,500.00 or more, excluding the cost of any supplemental environmental project used to offset a fine, for a violation of an applicable state environmental requirement.
(2) A facility does not qualify for a clean corporate citizen designation if the department determines that the facility was responsible for a pattern of illegal actions, at any time within the preceding 3 years, that endangered the public health, safety, or welfare or the environment.
(3) To qualify for a clean corporate citizen designation, a facility shall address any outstanding violation that is cited in a violation notice that, as determined by the department, substantially endangers the public health, safety, or welfare or the environment, by doing 1 or more of the following:
(a) Promptly resolving the violation.
(b) Demonstrating to the department, the United States environmental protection agency, or the local enforcing agency that issued the violation notice that the violation did not occur.
(c) Adhering to a compliance schedule that is acceptable to the department, the United States environmental protection agency, or the local enforcing agency that issued the violation notice, to correct the violation.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1409 - Clean Corporate Citizen Designation; Requirements.

324.1409 Clean corporate citizen designation; requirements.
Sec. 1409.
To qualify for a clean corporate citizen designation, a facility shall meet 1 of the following requirements:
(a) Obtain and operate in accordance with requirements for registration or certification under an environmental management standard, such as ISO 14001:2004, or, for the chemical industry, RC 2008, that is approved by the director.
(b) Adopt and maintain an environmental management system that is set forth in writing and is consistent with the requirements of ISO 14001:2004, or, for the chemical industry, RC 2008, and appropriate for the nature, scale, and potential environmental impact of the operation at the facility.
(c) Adopt and maintain an environmental management system that is set forth in writing, approved by the director, and applicable to a specific group or classification of facilities including that facility. The environmental management system shall be consistent with the requirements of ISO 14001:2004, or, for the chemical industry, RC 2008, and be appropriate for the nature, scale, and potential environmental impact of the operation.
(d) For a facility with 100 or fewer employees, adopt and maintain the following elements of an environmental management system, which shall be set forth in writing:
(i) An environmental policy.
(ii) The environmental aspects.
(iii) The objectives and targets of operations.
(iv) The roles and responsibilities.
(v) The procedures for internal and external communication.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1411 - Duties of Facility.

324.1411 Duties of facility.
Sec. 1411.
(1) To qualify for a clean corporate citizen designation, a facility shall do all of the following:
(a) Adopt and maintain a written environmental policy.
(b) Establish and maintain a program specific for that facility under which the operator does all of the following:
(i) Posts at the facility the environmental policy required in subdivision (a).
(ii) Conducts periodic assessments that identify opportunities for pollution prevention.
(iii) Establishes goals for reducing or preventing pollution, indicating the types of pollution; whether each pollutant would affect the air, water, or land; the pollution prevention measures to be undertaken; and the projected time frames.
(iv) Prepares and maintains reports to demonstrate progress toward attaining the goals established under subparagraph (iii).
(2) Facilities are encouraged, as part of the program under subsection (1)(b), to do all of the following:
(a) Initiate community-based activities.
(b) Provide for the exchange of information concerning pollution prevention activities, such as the following:
(i) Attend or sponsor workshops.
(ii) Assist in developing and disseminating case studies.
(iii) Establish pollution prevention supplier networks.
(iv) Provide the department with pollution prevention information for possible publication.
(v) Provide the department with access to electronic copies of the facility's emergency response plan, pollution incident plan, stormwater pollution prevention plan, and other plans as appropriate.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1415 - Clean Corporate Citizen Designation; Term.

324.1415 Clean corporate citizen designation; term.
Sec. 1415.
The term of a clean corporate citizen designation is 5 years.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1417 - Clean Corporate Citizen Designation; Termination.

324.1417 Clean corporate citizen designation; termination.
Sec. 1417.
(1) The director shall terminate a clean corporate citizen designation if the director determines that the facility does not meet applicable requirements of section 1407, 1409, or 1411.
(2) The director shall notify a facility of the director's intent to terminate the facility's clean corporate citizen designation and the specific reason for the termination not less than 30 days before terminating the designation.
(3) A facility whose designation is terminated may reapply for a clean corporate citizen designation at any time.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1419 - Annual Report.

324.1419 Annual report.
Sec. 1419.
A clean corporate citizen shall submit an annual report not later than 60 days before the annual anniversary date of the current clean corporate citizen designation. The annual report shall do all of the following:
(a) Summarize the activities undertaken over the past year to do the following:
(i) Identify and report on implementation of standardized pollution prevention measures consistent with the program established under section 1411, on a form provided by the department.
(ii) Set, revise, and attain objectives and implement measures in the clean corporate citizen's environmental management system and pollution prevention programs.
(b) Include a certified statement that the clean corporate citizen is in compliance with sections 1407, 1409, and 1411.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1421 - Benefits.

324.1421 Benefits.
Sec. 1421.
(1) Upon request, a clean corporate citizen is entitled to each of the following benefits:
(a) The department shall give the facility priority over persons that are not clean corporate citizens in all of the following:
(i) Compliance assistance programs applicable to the facility, such as the retired engineers technical assistance program created in section 14511.
(ii) Processing permit or operating license renewal applications for the facility.
(b) The department shall provide employees of the facility with free training on performing environmental audits under part 148.
(c) The term of a permit issued by the department for the facility shall be twice the term that would otherwise apply.
(d) The facility shall receive a preference for state purchases as provided in section 261 of the management and budget act, 1984 PA 431, MCL 18.1261.
(e) The facility qualifies for any additional clean corporate citizen benefits for the facilty set forth in rules promulgated under any of the following:
(i) Article II or chapter 1 or 3 of article III.
(ii) The safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(iii) Part 135 or 138 of the public health code, 1978 PA 368, MCL 333.13501 to 333.13536 and 333.13801 to 333.13831.
(f) The department shall conduct routine inspections of the facilty half as frequently as the inspections would be conducted if the facility were not a clean corporate citizen.
(g) The department shall give the operator of the facility at least 72 hours' advance notice of any routine inspection of the facility.
(h) Subject to subsection (2), the facility is not subject to a civil fine for a violation of applicable state environmental requirements if all of the following conditions are met:
(i) The facility acted promptly to correct the violation after discovery.
(ii) The facility reported the violation to the department within 24 hours after the discovery or within any shorter time period otherwise required by law.
(2) Subsection (1)(h) does not apply if 1 or more of the following are established by clear and convincing evidence:
(a) The actions of the facility pose or posed a substantial endangerment to the public health, safety, or welfare.
(b) The violation was intentional or occurred as the result of the operator's gross negligence.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1423 - Termination of Benefits.

324.1423 Termination of benefits.
Sec. 1423.
Upon termination of a clean corporate citizen designation, all benefits provided to that facility under section 1421 terminate.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1425 - Availability of Documents for Inspection; Purchase; Website of Facilities Designated as Clean Corporate Citizens.

324.1425 Availability of documents for inspection; purchase; website of facilities designated as clean corporate citizens.
Sec. 1425.
(1) The department shall maintain a copy of ISO 14001:2004 and RC 2008 available for inspection at the department's headquarters in Lansing. Upon request, the department shall provide information on how to purchase a copy of ISO 14001:2004 from the American national standards institute and RC 2008 from the American chemistry council.
(2) The department shall maintain on its website a list of facilities currently designated as clean corporate citizens.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1427 - Conflict With State Law or Federal Law or Regulation.

324.1427 Conflict with state law or federal law or regulation.
Sec. 1427.
This part shall not be construed in a manner that conflicts with or authorizes any violation of state law or federal regulation or law.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-14 - Part 14 Clean Corporate Citizens (324.1401...324.1429) › Section 324.1429 - Rescission of R 324.1501 to R 324.1511.

324.1429 Rescission of R 324.1501 to R 324.1511.
Sec. 1429.
The clean corporate citizen program rules, R 324.1501 to 324.1511 of the Michigan administrative code, are rescinded.
History:
Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-15 - Part 15 Enforcement (324.1501...324.1511) › Section 324.1501 - Conservation Officers as Peace Officers; Powers, Privileges, Prerogatives, and Immunities.

324.1501 Conservation officers as peace officers; powers, privileges, prerogatives, and immunities.
Sec. 1501.
Conservation officers appointed by the department and trained and certified pursuant to the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws, are peace officers, and except as otherwise provided by law, are vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers as provided in this act, in Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and in the general laws of this state.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-15 - Part 15 Enforcement (324.1501...324.1511) › Section 324.1502 - Service and Execution of Criminal Process; Fees.

324.1502 Service and execution of criminal process; fees.
Sec. 1502.
Except as otherwise provided by law, conservation officers appointed by the department have the same power to serve criminal process and to require aid in executing criminal process as sheriffs, and are entitled to the same fees as sheriffs in performing those duties under this act, under Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and under the general laws of this state.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-15 - Part 15 Enforcement (324.1501...324.1511) › Section 324.1505 - Inspection; Sampling Process; Exceptions; Report; Explanation and Reasons; Opportunity to Provide Comments; "Department" Defined.

324.1505 Inspection; sampling process; exceptions; report; explanation and reasons; opportunity to provide comments; "department" defined.
Sec. 1505.
(1) The department shall use a fair and equitable sampling process to select persons whose operations or facilities will be inspected.
(2) Subsection (1) does not apply to any of the following:
(a) An inspection performed in response to a complaint from a third party.
(b) An inspection performed because the department has evidence that a violation has occurred.
(c) A follow-up inspection to determine whether violations identified in a previous inspection have been corrected.
(d) An inspection required for the issuance of a permit.
(e) Any inspection otherwise required under state or federal law.
(3) The department shall annually submit to the legislature a report on all of the following:
(a) The methods used to comply with this section.
(b) The number of inspections subject to subsection (1) and the number of inspections described in subsection (2) that were performed by the department during the prior year.
(4) Before conducting an inspection under this act, the department shall provide the person whose operation or facility will be inspected with both of the following:
(a) An explanation of the person's rights and responsibilities with respect to the inspection.
(b) The reasons for conducting the inspection.
(5) After conducting an inspection under this act, the department shall give the person whose operation or facility was inspected an opportunity to provide comments to the department on the quality of the inspection and the professionalism of the inspector.
(6) As used in this section, "department" means the department of environmental quality.
History:
Add. 2011, Act 235, Imd. Eff. Dec. 1, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-15 - Part 15 Enforcement (324.1501...324.1511) › Section 324.1511 - Written List of Violations; Meeting to Discuss Potential Civil Enforcement Action and Potential Resolution; Requirement; Exception; Definitions.

324.1511 Written list of violations; meeting to discuss potential civil enforcement action and potential resolution; requirement; exception; definitions.
Sec. 1511.
(1) Subject to subsection (2) and notwithstanding any other provision of this act, before initiating a civil enforcement action under this act against a person, the department shall do both of the following:
(a) Beginning May 1, 2019, provide the person in writing a list of each specific provision of statute, rule, or permit that the person is alleged to have violated and a statement of the facts constituting the violation.
(b) Contact the person and extend an offer for staff of the department to meet with the person to discuss the potential civil enforcement action and potential resolution of the issue. If the person agrees to meet with the department, the department shall not initiate a civil enforcement action until after the meeting is held, unless the meeting is not held within a reasonable time of not less than 60 days.
(2) Subsection (1) does not apply under any of the following circumstances:
(a) The civil enforcement action is a civil infraction action.
(b) The department determines that the violation that is the subject of the potential civil enforcement action constitutes an imminent and substantial endangerment of the public health, safety, or welfare or of the environment.
(3) As used in this section:
(a) "Department" means the department, agency, or officer authorized by this act to approve or deny an application for a permit.
(b) "Permit" means a permit or operating license issued under this act.
History:
Add. 2011, Act 237, Imd. Eff. Dec. 1, 2011 ;-- Am. 2018, Act 631, Eff. Mar. 29, 2019
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1601 - Duties of Department and Appointed Officers.

324.1601 Duties of department and appointed officers.
Sec. 1601.
The department and any officer appointed by the department shall do all of the following:
(a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds, wild animals, and fish.
(b) Enforce all other laws of this state that pertain to the powers and duties of the department or the commission.
(c) Bring or cause to be brought or prosecute or cause to be prosecuted actions and proceedings in the name of the people of this state for the purpose of punishing any person for the violation of statutes or laws described in this section.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1603 - Confiscation of Seized Property; Jurisdiction; Venue.

324.1603 Confiscation of seized property; jurisdiction; venue.
Sec. 1603.
(1) The following courts have jurisdiction to determine whether seized property shall be confiscated as provided in section 1604:
(a) The district court, if the property is seized within this state, other than in a city having a municipal court or in a village served by a municipal court, and if the property is not appraised by the officer seizing the property at more than $25,000.00 in value.
(b) A municipal court, if the property is seized in a city having a municipal court or in a village served by a municipal court and if the property is not appraised by the officer seizing the property at more than $1,500.00 in value or $3,000.00 in value if the city in which the municipal court is located has increased the jurisdictional amount under section 22 of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.522.
(c) The circuit court, if the property is seized within this state and if the property exceeds the value specified in subdivision (a) or (b) as appraised by the officer seizing the property.
(2) If the circuit court has jurisdiction under subsection (1), the proceeding shall be commenced in the county in which the property is seized.
(3) If the district court has jurisdiction under subsection (1), venue for a proceeding shall be as follows:
(a) In the county in which the property is seized, if the property is seized in a district of the first class.
(b) In the district in which the property is seized, if the property is seized in a district of the second or third class.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1999, Act 13, Eff. June 1, 1999
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1605 - Review or Certiorari; Procedure; Bond.

324.1605 Review or certiorari; procedure; bond.
Sec. 1605.
The proceedings for the condemnation and confiscation of any property under this part are subject to review or certiorari as provided in this part. A writ of certiorari may be issued within 10 days after final judgment and determination in any condemnation proceeding for the purpose of reviewing any error in the proceeding. Notice of the certiorari shall be served upon the department within 10 days after the date of issue, in the same manner as notice is required to be given of certiorari for reviewing judgments rendered by a justice of the peace, and the writ shall be issued and served and bond given and approved in the same manner as is required for reviewing judgments by justices of the peace.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1607 - Volunteer Conservation Officers.

324.1607 Volunteer conservation officers.
Sec. 1607.
(1) The department may appoint persons to function as volunteer conservation officers. A volunteer conservation officer shall be appointed to assist a conservation officer in the performance of the conservation officer's duties. While a volunteer conservation officer is assisting a conservation officer, the volunteer conservation officer has the same immunity from civil liability as a conservation officer, and shall be treated in the same manner as an officer or employee under section 8 of Act No. 170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws. The volunteer conservation officer shall not carry a firearm while functioning as a volunteer conservation officer.
(2) As used in this section, "volunteer" means a person who provides his or her service as a conservation officer without pay.
(3) To qualify as a volunteer conservation officer, a person shall meet all of the following qualifications:
(a) Have no felony convictions. In determining whether the person has a felony conviction, the person shall present documentation to the department that a criminal record check through the law enforcement information network has been conducted by a law enforcement agency.
(b) Have completed 10 hours of training conducted by the law enforcement division of the department.
(4) Upon compliance with subsection (3) and upon recommendation by the department, a person may be appointed as a volunteer conservation officer. An appointment shall be valid for 3 years. At the completion of the 3 years, the volunteer conservation officer shall comply with the requirements of this section in order to be reappointed as a volunteer conservation officer.
(5) A volunteer conservation officer's appointment is valid only if the volunteer conservation officer is on assignment with, and in the company of, a conservation officer.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1608 - Obstructing, Resisting, or Opposing Officers as Misdemeanor; Penalty.

324.1608 Obstructing, resisting, or opposing officers as misdemeanor; penalty.
Sec. 1608.
A person who knowingly or willfully obstructs, resists, or opposes the department, an officer appointed by the department, or any other peace officer in the performance of the duties and execution of the powers prescribed in this part or in any statute or law, in making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant issued by lawful authority, or who obstructs, resists, opposes, assaults, beats, or wounds the department, any officer appointed by the department, or any other peace officer while the department or officer is lawfully making an arrest or search, lawfully serving or attempting to serve or execute any such process or warrant, or lawfully executing or attempting to execute or lawfully performing or attempting to perform any of the powers and duties provided for in the statutes or laws described in section 1601, is guilty of a misdemeanor, punishable as provided in section 479 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.479 of the Michigan Compiled Laws. In making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant, the department, any officer appointed by the department, or any other peace officer shall identify himself or herself by uniform, badge, insignia, or official credentials.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-16 - Part 16 Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish (324.1601...324.1616) › Section 324.1609 - Judgment Fee.

324.1609 Judgment fee.
Sec. 1609.
In all prosecutions for violation of the law for the protection of game and fish, the sentencing court shall assess, as costs, the sum of $10.00, to be known as the judgment fee. When collected, the judgment fee shall be paid into the state treasury to the credit of the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 587, Eff. Dec. 23, 2006
Compiler's Notes:
Enacting section 2 of Act 587 of 2004 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution Z of the 92nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1701 - Actions for Declaratory and Equitable Relief for Environmental Protection; Parties; Standards; Judicial Action.

324.1701 Actions for declaratory and equitable relief for environmental protection; parties; standards; judicial action.
Sec. 1701.
(1) The attorney general or any person may maintain an action in the circuit court having jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources and the public trust in these resources from pollution, impairment, or destruction.
(2) In granting relief provided by subsection (1), if there is a standard for pollution or for an antipollution device or procedure, fixed by rule or otherwise, by the state or an instrumentality, agency, or political subdivision of the state, the court may:
(a) Determine the validity, applicability, and reasonableness of the standard.
(b) If a court finds a standard to be deficient, direct the adoption of a standard approved and specified by the court.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1702 - Payment of Costs or Judgment; Posting Surety Bond or Cash; Amount.

324.1702 Payment of costs or judgment; posting surety bond or cash; amount.
Sec. 1702.
If the court has reasonable grounds to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment that might be rendered against him or her in an action brought under this part, the court may order the plaintiff to post a surety bond or cash in an amount of not more than $500.00.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1703 - Rebuttal Evidence; Affirmative Defense; Burden of Proof; Referee; Costs.

324.1703 Rebuttal evidence; affirmative defense; burden of proof; referee; costs.
Sec. 1703.
(1) When the plaintiff in the action has made a prima facie showing that the conduct of the defendant has polluted, impaired, or destroyed or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in these resources, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that his or her conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts apply to actions brought under this part.
(2) The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action.
(3) Costs may be apportioned to the parties if the interests of justice require.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1704 - Granting of Relief; Administrative, Licensing, or Other Proceedings; Adjudication; Judicial Review.

324.1704 Granting of relief; administrative, licensing, or other proceedings; adjudication; judicial review.
Sec. 1704.
(1) The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction.
(2) If administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court may direct the parties to seek relief in such proceedings. Proceedings described in this subsection shall be conducted in accordance with and subject to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. If the court directs parties to seek relief as provided in this section, the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction. In addition, the court retains jurisdiction of the action pending completion of the action to determine whether adequate protection from pollution, impairment, or destruction is afforded.
(3) Upon completion of proceedings described in this section, the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources, and on the public trust in these resources, in accordance with this part. In adjudicating an action, the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in this part.
(4) If judicial review of an administrative, licensing, or other proceeding is available, notwithstanding the contrary provisions of Act No. 306 of the Public Acts of 1969 pertaining to judicial review, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1705 - Administrative, Licensing, or Other Proceedings; Intervenors; Determinations; Doctrines Applicable.

324.1705 Administrative, licensing, or other proceedings; intervenors; determinations; doctrines applicable.
Sec. 1705.
(1) If administrative, licensing, or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit the attorney general or any other person to intervene as a party on the filing of a pleading asserting that the proceeding or action for judicial review involves conduct that has, or is likely to have, the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust in these resources.
(2) In administrative, licensing, or other proceedings, and in any judicial review of such a proceeding, the alleged pollution, impairment, or destruction of the air, water, or other natural resources, or the public trust in these resources, shall be determined, and conduct shall not be authorized or approved that has or is likely to have such an effect if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.
(3) The doctrines of collateral estoppel and res judicata may be applied by the court to prevent multiplicity of suits.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-17 - Part 17 Michigan Environmental Protection Act (324.1701...324.1706) › Section 324.1706 - Part As Supplement.

324.1706 Part as supplement.
Sec. 1706.
This part is supplementary to existing administrative and regulatory procedures provided by law.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1801 - “Reciprocating Jurisdiction” Defined.

324.1801 “Reciprocating jurisdiction” defined.
Sec. 1801.
As used in this part:
(a) "Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States of America that has enacted a law identical to this part or provides access to its courts and administrative agencies that is substantially equivalent to the access provided in this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1802 - Action or Other Proceeding for Injury Caused by Pollution.

324.1802 Action or other proceeding for injury caused by pollution.
Sec. 1802.
An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this state may be brought in this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1803 - Injury Caused by Pollution in Reciprocating Jurisdiction; Rights to Relief.

324.1803 Injury caused by pollution in reciprocating jurisdiction; rights to relief.
Sec. 1803.
A person who suffers, or is threatened with, injury to his or her person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this state has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this state as if the injury or threatened injury occurred in this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1804 - Applicable Law.

324.1804 Applicable law.
Sec. 1804.
The law to be applied in an action or other proceeding brought pursuant to this part, including what constitutes "pollution," is the law of this state, excluding choice of law rules.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1805 - Superior Rights Not Accorded.

324.1805 Superior rights not accorded.
Sec. 1805.
This part does not accord a person injured or threatened with injury in a jurisdiction outside of this state any rights superior to those that the person would have if injured or threatened with injury in this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1806 - Additional Right Provided.

324.1806 Additional right provided.
Sec. 1806.
Any right provided in this part is in addition to and not in derogation of any other rights.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1807 - Defense of Sovereign Immunity.

324.1807 Defense of sovereign immunity.
Sec. 1807.
The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this part only to the extent that it would apply to a person injured or threatened with injury in this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 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 I - General Provisions (324.101...324.2707) › 451-1994-I-18 - Part 18 Uniform Transboundary Pollution Reciprocal Access (324.1801...324.1808) › Section 324.1808 - Application and Construction of Part.

324.1808 Application and construction of part.
Sec. 1808.
This part shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this part among jurisdictions enacting it.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA