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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20108a - Revitalization Revolving Loan Fund; Creation; Deposit of Assets Into Fund; Investment; Interest and Earnings; Carrying Forward Unexpended Balance; Lump-Sum Appropriation; Expenditure.

324.20108a Revitalization revolving loan fund; creation; deposit of assets into fund; investment; interest and earnings; carrying forward unexpended balance; lump-sum appropriation; expenditure.
Sec. 20108a.
(1) The revitalization revolving loan fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the revitalization revolving loan fund. The state treasurer shall direct the investment of the revitalization revolving loan fund. The state treasurer shall credit to the revitalization revolving loan fund interest and earnings from revitalization revolving loan fund investments.
(3) An unexpended balance within the revitalization revolving loan fund at the close of the fiscal year shall be carried forward to the following fiscal year.
(4) The department shall annually submit to the governor a request for a lump-sum appropriation from the revitalization revolving loan fund for loans pursuant to the revitalization revolving loan program under section 20108b.
(5) The department shall expend money from the revitalization revolving loan fund, upon appropriation, only for the revitalization loan program created in section 20108b.
History:
Add. 1996, Act 380, Imd. Eff. July 24, 1996
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20108b - Revitalization Revolving Loan Program.

324.20108b Revitalization revolving loan program.
Sec. 20108b.
(1) The department shall create a revitalization revolving loan program for the purpose of making loans to certain local units of government to provide for eligible activities at certain properties in order to promote economic redevelopment.
(2) Loan funds from the revitalization revolving loan program created in subsection (1) shall be issued for the purposes provided in and utilizing the criteria provided in sections 19608a through 19613.
(3) Loan payments and interest shall be deposited back into the revitalization revolving loan fund created in section 20108a.
History:
Add. 1996, Act 383, Imd. Eff. July 24, 1996 ;-- Am. 2010, Act 233, Imd. Eff. Dec. 14, 2010 ;-- Am. 2016, Act 476, Eff. Apr. 5, 2017
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20109 - Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.

324.20109 Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Compiler's Notes:
The repealed section pertained to Michigan unclaimed bottle fund.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20109a - Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.

324.20109a Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Compiler's Notes:
The repealed section pertained to municipal landfill cost share grant program.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20110, 324.20111 - Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.

324.20110, 324.20111 Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Compiler's Notes:
The repealed sections pertained to long-term maintenance trust fund board and long-term maintenance trust fund.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20112 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20112 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed section pertained to study of cleanup costs.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20112a - Inventory of Residential Closures; Creation and Update; Compilation of Data; No Further Action Reports.

324.20112a Inventory of residential closures; creation and update; compilation of data; no further action reports.
Sec. 20112a.
(1) Subject to subsection (3), the department shall create, and update on an ongoing basis, an inventory of residential closures and a separate inventory of other known facilities. Each inventory shall contain, if applicable, at least the following information for each facility:
(a) Location.
(b) Whether 1 or more response activity plans were submitted under section 20114b and the status of department approval.
(c) Whether a notice of land use or resource use restrictions under section 20114c was submitted to the department.
(d) Whether a no further action report under section 20114d was submitted to the department and whether the report included a postclosure plan or proposed postclosure agreement and the status of department approval.
(2) The department may categorize facilities on the inventory created under subsection (1) in a manner that the department believes is useful for the general public.
(3) The department shall create and update on an ongoing basis a separate inventory of residential closures.
(4) The department shall post the inventories created under subsections (1) and (2) on the department's website.
(5) The department shall compile the following data on a quarterly basis and post the data on its website:
(a) The number of response activity plans received by the department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law under section 20114b.
(b) The number of no further action reports received by the department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law.
(c) The number of baseline environmental assessments received by the department.
(6) The department shall annually determine the percentage of no further action reports approved by operation of law under section 20114d. If the percentage in any year is in excess of 10%, the department shall notify the standing committees of the senate and the house of representatives with jurisdiction over issues related to natural resources and the environment of this occurrence.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2010, Act 234, Imd. Eff. Dec. 14, 2010
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20112b - Repealed. 2018, Act 237, Eff. Sept. 25, 2018.

324.20112b Repealed. 2018, Act 237, Eff. Sept. 25, 2018.
Compiler's Notes:
The repealed section pertained to a biennial report on contamination caused by releases associated with clandestine drug laboratories.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20114a - Undertaking Response Activities Without Prior Approval of Department; Exception; Completion; Submission of No Further Action Report.

324.20114a Undertaking response activities without prior approval of department; exception; completion; submission of no further action report.
Sec. 20114a.
(1) Subject to section 20114 and other applicable law, a person may undertake response activities without prior approval by the department unless 1 or more response activities are being conducted pursuant to an administrative order or agreement or judicial decree that requires prior department approval. Except as otherwise provided in this part, conducting response activities under this section does not relieve any person who is liable under this part from the obligation to conduct further response activities as may be required by the department under this part or other applicable law.
(2) Upon completion of remedial actions that satisfy the cleanup criteria established under this part, a person undertaking remedial actions may submit to the department a no further action report.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 1996, Act 115, Imd. Eff. Mar. 6, 1996 ;-- Am. 2010, Act 228, Imd. Eff. Dec. 14, 2010
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20114f - Certificate of Completion.

324.20114f Certificate of completion.
Sec. 20114f.
(1) Upon completion of a response activity a person may request a certificate of completion from the department.
(2) To obtain a certificate of completion from the department under this section, a person shall submit each of the following to the department:
(a) A certificate of completion request form. The department shall specify the required content of the request form and make the form available on the department's website.
(b) Documentation of the completed response activity.
(3) Upon receipt of a request for a certificate of completion submitted under this subsection, the department shall issue a certificate or deny the request, or shall notify the submitter that there is not sufficient information for the department to make a decision. If the department's response is that the request does not include sufficient information, the department shall identify the information that is required for the department to make a decision. If the request is denied, the department's denial shall, to the extent practical, state with specificity all of the reasons for denial. The department shall make a decision under this subsection and shall provide the person submitting the request with a certificate of completion, as appropriate, within 1 of the following time frames, as applicable:
(a) 150 days after the request was received by the department if the response activity was undertaken without prior approval of the department and the department determines that the response activity complies with the applicable requirements of this part.
(b) 90 days after the request was received by the department if the response activity was undertaken pursuant to a response activity plan that was approved under section 20114b and the department determines that the response activity was completed in accordance with the approved plan.
(4) If the department fails to provide a written response within the time frame required by subsection (3), the response activity is considered approved.
(5) Any time frame required by this section may be extended by mutual agreement of the department and a person submitting a request for a certificate of completion or a person who has received a certificate of completion. An agreement extending a time frame shall be in writing.
(6) A person requesting a certificate of completion may appeal the department's decision in accordance with section 20114e, if applicable.
History:
Add. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20114g - Documentation of Due Care Compliance.

324.20114g Documentation of due care compliance.
Sec. 20114g.
(1) A person may submit to the department documentation of due care compliance regarding a facility. The documentation of due care compliance shall be submitted on a form provided by the department and shall contain documentation of compliance with section 20107a, and other information required by the department.
(2) Within 45 business days after receipt of the 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.
History:
Add. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20115 - Notice to Department of Agriculture and Rural Development; Information; “Substance Regulated by the Department of Agriculture and Rural Development” Defined; Response Activities to Be Consistent With MCL 324.8714(2).

324.20115 Notice to department of agriculture and rural development; information; “substance regulated by the department of agriculture and rural development” defined; response activities to be consistent with MCL 324.8714(2).
Sec. 20115.
(1) The department, upon confirmation of a release or threat of release of a substance that is regulated by the department of agriculture and rural development, shall notify the department of agriculture and rural development. The department of agriculture and rural development shall undertake or ensure the initiation of the necessary response activity to immediately stop or prevent further releases at the site. The department of agriculture and rural development shall consult with the department in the development of response activities if a release or threat of a release of a substance regulated by the department of agriculture and rural development occurs. The department of agriculture and rural development shall provide to the department information necessary to identify substances regulated by the department of agriculture and rural development. This information shall include but is not limited to the list of state registered pesticides.
(2) As used in this section, "substance regulated by the department of agriculture and rural development" means any of the following:
(a) A pesticide as defined in section 8305.
(b) A fertilizer as defined in section 8501.
(c) A soil conditioner as defined in section 8501a.
(d) A liming material as defined in section 1 of 1955 PA 162, MCL 290.531.
(3) Response activities conducted under this section shall be consistent with the requirements of section 8714(2).
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 1995, Act 117, Imd. Eff. June 29, 1995 ;-- Am. 2014, Act 178, Eff. Sept. 16, 2014
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20115a - Release or Threat of Release From Underground Storage Tank System; Corrective Actions.

324.20115a Release or threat of release from underground storage tank system; corrective actions.
Sec. 20115a.
(1) Notwithstanding any other provision of this part, if a release or threat of release at a facility is solely the result of a release or threat of release from an underground storage tank system regulated under part 213, the response activities implemented at the facility shall be the corrective actions required under part 213, and the requirements of section 20114 shall not apply to that release.
(2) Notwithstanding any other provision of this part, if a release or threat of release at a facility is not solely the result of a release or threat of release from an underground storage tank system, the owner or operator of the underground storage tank system as defined in part 213 may choose to conduct corrective actions of the release from the underground storage tank system pursuant to part 213, and the requirements of section 20114 shall not apply to that release.
History:
Add. 1996, Act 115, Imd. Eff. Mar. 6, 1996
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20115b - Release From Disposal Area; Corrective Actions; Exception.

324.20115b Release from disposal area; corrective actions; exception.
Sec. 20115b.
Notwithstanding any other provision of this part, if a release at a disposal area licensed under part 115 is solely a release from that disposal area and the release is discovered through the disposal area's hydrogeological monitoring plan, the response activities implemented at the disposal area shall be the corrective actions required under part 115. This section does not apply to releases from a disposal area after completion of the postclosure monitoring period of the disposal area.
History:
Add. 1996, Act 358, Eff. Oct. 1, 1996
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20116 - Transfer of Interest in Real Property; Notice; Certification of Completed Response Activity.

324.20116 Transfer of interest in real property; notice; certification of completed response activity.
Sec. 20116.
(1) A person who has knowledge or information or is on notice through a recorded instrument that a portion or the entirety of a parcel of that person's property is a facility shall not transfer an interest in that real property unless he or she provides written notice to the purchaser or other person to which the property is transferred disclosing the known general nature and extent of the hazardous substance release and any land or resource use restrictions that are known by the person to apply. A restrictive covenant or notice that contains the required information that is recorded in the deed records for the property satisfies this requirement.
(2) The owner of real property for which a notice required in subsection (1) has been recorded may, upon completion of a response activity under this part for the facility, record with the register of deeds for the appropriate county a certification that the response activity has been completed.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2014, Act 542, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20120 - Selection of Remedial Action; Factors.

324.20120 Selection of remedial action; factors.
Sec. 20120.
(1) All of the following shall be considered when a person is selecting a remedial action or the department is selecting or approving a remedial action:
(a) The effectiveness of alternatives in protecting the public health, safety, and welfare and the environment.
(b) The long-term uncertainties associated with the proposed remedial action.
(c) The persistence, toxicity, mobility, and propensity to bioaccumulate of the hazardous substances.
(d) The short- and long-term potential for adverse health effects from human exposure.
(e) Costs of remedial action, including long-term maintenance costs. However, the cost of a remedial action shall be a factor only in choosing among alternatives that adequately protect the public health, safety, and welfare and the environment, consistent with the requirements of section 20120a.
(f) Reliability of the alternatives.
(g) The potential for future response activity costs if an alternative fails.
(h) The potential threat to human health, safety, and welfare and the environment associated with excavation, transportation, and redisposal or containment.
(i) The ability to monitor remedial performance.
(j) For remedial actions that require the opportunity for public participation under section 20120d, the public's perspective about the extent to which the proposed remedial action effectively addresses requirements of this part.
(2) Evaluation of the factors in subsection (1) shall consider all factors in balance with one another as necessary to achieve the objectives of this part. No single factor in subsection (1) shall be considered the most important.
History:
Add. 2010, Act 228, Imd. Eff. Dec. 14, 2010
Compiler's Notes:
Former MCL 324.20120, which pertained to schedule of remedial action plans, was repealed by Act 71 of 1995, Imd. Eff. June 5, 1995.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20122-324.20125 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20122-324.20125 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed sections pertained to creation and duties of science advisory council, report to legislature, and approval of remedial action plans.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20127 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20127 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed section pertained to liability.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20129a - Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.

324.20129a Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Compiler's Notes:
The repealed section pertained to petition for exemption from liability of owner or operator of facility after June 5, 1995.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20130 - Indemnification, Hold Harmless, or Similar Agreement or Conveyance; Subrogation.

324.20130 Indemnification, hold harmless, or similar agreement or conveyance; subrogation.
Sec. 20130.
(1) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer from a person who is liable under section 20126 to the state for evaluation or response activity 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:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20131 - Limitations on Liability; Circumstances Requiring Total Costs and Damages.

324.20131 Limitations on liability; circumstances requiring total costs and damages.
Sec. 20131.
(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 response activities, fines, and exemplary damages, 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 hazardous 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:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20134a - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20134a Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed section pertained to transfer of exempt status by state or local unit of government.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20135a - Access to Property; Action by Court.

324.20135a Access to property; action by court.
Sec. 20135a.
(1) A person who is liable under section 20126 or a lender that has a security interest in all or a portion of a facility may file a petition in the circuit court of the county in which the facility is located seeking access to the facility in order to conduct response activities approved by the department. If the court grants access to property under this section, the court may do any of the following:
(a) Provide compensation to the property owner or operator 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 response activities.
(c) Grant any other appropriate relief as determined by the court.
(2) If a court grants access to property under this section, the owner or operator of the property to which access is granted is not liable for either of the following:
(a) A release caused by the response activities for which access is granted unless the owner or operator is otherwise liable under section 20126.
(b) For conditions associated with the response activity that may present a threat to public health or safety.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20136 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20136 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed section pertained to grant programs.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20140 - Limitation Periods; Effect of Subsection (3).

324.20140 Limitation periods; effect of subsection (3).
Sec. 20140.
(1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is as follows:
(a) For the recovery of response activity costs and natural resources damages pursuant to section 20126a(1)(a), (b), or (c), within 6 years of initiation of physical on-site construction activities for the remedial action selected or approved by the department at a facility, except as provided in subdivision (b).
(b) For 1 or more subsequent actions for recovery of response activity costs pursuant to section 20126, at any time during the response activity, if commenced not later than 3 years after the date of completion of all response activity at the facility.
(c) For civil fines under this part, within 3 years after discovery of the violation for which the civil fines are assessed.
(2) For recovery of natural resources damages that accrued prior to July 1, 1991, the limitation period for filing actions under this part is July 1, 1994.
(3) For recovery of response activity costs that were incurred prior to July 1, 1991, the limitation period for filing actions under this part is July 1, 1994.
(4) Subsection (3) is curative and intended to clarify the original intent of the legislature and applies retroactively.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2000, Act 254, Imd. Eff. June 29, 2000
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20141 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.

324.20141 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Compiler's Notes:
The repealed section pertained to citizens review board.
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142) › Section 324.20142 - Compliance as Bar to Certain Claims; Exceptions.

324.20142 Compliance as bar to certain claims; exceptions.
Sec. 20142.
(1) Except as provided in section 20126a(5), a person who 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 response activities under part 17, part 31, or common law.
(2) This section does not bar any of the following:
(a) Tort claims unrelated to performance of response activities.
(b) Tort claims for damages which result from response activities.
(c) Tort claims related to the exercise or failure to exercise responsibilities under section 20107a.
History:
Add. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name:
Act 451
Popular Name:
Environmental Remediation
Popular Name:
Environmental Response Act
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-203 - Part 203 Volunteer Immunity (324.20301...324.20302) › Section 324.20301 - Definitions.

324.20301 Definitions.
Sec. 20301.
As used in this part:
(a) "Hazardous material" means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment.
(b) "Remedial action" means an activity to protect the public health, safety, welfare, or the environment and includes, but is not limited to, cleanup, removal, containment, or isolation of spills.
(c) "Spill" means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment.
(d) "Volunteer" means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance.
(e) "Waters of the state" means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-203 - Part 203 Volunteer Immunity (324.20301...324.20302) › Section 324.20302 - Hazardous Material Spills; Immunity of Volunteers From Civil Suits; Effect of Gross Negligence or Willful Misconduct.

324.20302 Hazardous material spills; immunity of volunteers from civil suits; effect of gross negligence or willful misconduct.
Sec. 20302.
(1) A volunteer who assists in remedial actions associated with a spill of a hazardous material into the waters of the state following a declaration by the governor pursuant to section 3 of the emergency preparedness act, Act No. 390 of the Public Acts of 1976, being section 30.403 of the Michigan Compiled Laws, that the spill has caused a state of disaster is not liable in a civil action for damages resulting from an act or omission arising out of and in the course of the volunteer's good faith rendering of that assistance.
(2) Subsection (1) does not apply to a volunteer whose act or omission was the result of the volunteer's gross negligence or willful misconduct.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-205 - Part 205 (324.20501...324.20519) › Section 324.20501-324.20507 - Repealed. 2010, Act 159, Imd. Eff. Sept. 17, 2010.

324.20501-324.20507 Repealed. 2010, Act 159, Imd. Eff. Sept. 17, 2010.
Compiler's Notes:
The repealed sections pertained to laboratory data quality recognition program.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-205 - Part 205 (324.20501...324.20519) › Section 324.20509 - Repealed. 2010, Act 159, Eff. Jan. 16, 2011.

324.20509 Repealed. 2010, Act 159, Eff. Jan. 16, 2011.
Compiler's Notes:
The repealed section pertained to the laboratory data quality program fund.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519) › 451-1994-II-7-205 - Part 205 (324.20501...324.20519) › Section 324.20511-324.20519 - Repealed. 2010, Act 159, Imd. Eff. Sept. 17, 2010.

324.20511-324.20519 Repealed. 2010, Act 159, Imd. Eff. Sept. 17, 2010.
Compiler's Notes:
The repealed sections pertained to laboratory data quality recognition program and the laboratory data quality assurance advisory council.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21102a - Installation of Underground Storage Tanks; Prohibited Conditions.

324.21102a Installation of underground storage tanks; prohibited conditions.
Sec. 21102a.
(1) Except as provided in subsection (2), a person shall not install an underground storage tank that meets any of the following conditions:
(a) Is within 2,000 feet of an existing type I community or type IIa noncommunity public water well.
(b) Is within 800 feet of an existing type IIb or type III noncommunity public water well.
(c) Is within 300 feet of any other type of well not described in subdivision (a) or (b).
(2) A person that wishes to install an underground storage tank that does not meet the conditions described under subsection (1) may only replace an active underground storage tank if both of the following requirements are met:
(a) A professional engineer or qualified underground storage tank consultant certifies that a combination of the construction material of the underground storage tank and the leak detection used to monitor the underground storage tank is more likely to prevent and detect a release from the replacement underground storage tank than the existing underground storage tank.
(b) The facility where the active, existing underground storage tank is located is in compliance with this part and the rules promulgated under this part.
(3) As used in this section:
(a) "Professional engineer" means that term as defined in section 2001 of the occupational code, 1980 PA 299, MCL 339.2001.
(b) "Qualified underground storage tank consultant" means an individual who meets the requirements described under section 21325.
History:
Add. 2022, Act 160, Imd. Eff. July 19, 2022
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21103 - Registration Forms; Suspected or Confirmed Release From System; Notice; Supplementary Information.

***** 324.21103 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21103 Registration forms; suspected or confirmed release from system; notice; supplementary information.
Sec. 21103.
(1) The registration required by section 21102(1) and (2) shall be provided either:
(a) On a form provided by the department and in compliance with section 9002 of the solid waste disposal act, 42 U.S.C. 6991a.
(b) On a form approved by the department and in compliance with section 9002 of the solid waste disposal act.
(2) If there is a suspected or confirmed release from an underground storage tank system, the owner or operator of the underground storage tank system shall notify the department within 24 hours and if requested by the department shall file the following supplementary information if known:
(a) The owner of the property where the underground storage tank system is located.
(b) A history of the current and previous contents of the underground storage tank system, including the generic chemical name, chemical abstract service number, or trade name, whichever is most descriptive of the contents, and including the date or dates on which the contents were changed or removed.
(c) A history of the monitoring procedures and leak detection tests and methods employed with respect to the underground storage tank system and the resulting findings.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA