Michigan Compiled Laws § 324.21323f Costs And Damages; Limitation.


324.21323f Costs and damages; limitation.

Sec. 21323f.

(1) Except as provided in subsection (2), the liability under this part for each release or threat of release shall not exceed the total of all the costs of corrective action and fines, plus $50,000,000.00 damages for injury to, destruction of, or loss of natural resources resulting from the release or threat of release, including the reasonable costs of assessing the injury, destruction, or loss resulting from the release or threat of release.

(2) Notwithstanding the limitations in subsection (1), the liability of a person under this part shall be the full and total costs and damages listed in subsection (1), in either of the following circumstances:

(a) The release or threatened release of a regulated substance was the result of willful misconduct or gross negligence of the party.

(b) The primary cause of the release or threat of release was a knowing violation of applicable safety, construction, or operating standards or regulations.


History: Add. 2012, Act 108, Imd. Eff. May 1, 2012
Popular Name: Act 451
Popular Name: NREPA


Section: Previous  324.21321-324.21322  324.21323  324.21323a  324.21323b  324.21323c  324.21323d  324.21323e  324.21323f  324.21323g  324.21323h  324.21323i  324.21323j  324.21323k  324.21323l  324.21323m  Next

Last modified: October 10, 2016