Michigan Compiled Laws 451-1994-ii-7-201 Part 201 Environmental Remediation (324.20101...324.20142)

• Section 324.20101 Definitions.
  (1) As used in this part: (a) "Act of God" means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable,...
• Section 324.20101a Participation In Management Of Facility By Lender; “workout” Defined.
  (1) For purposes of this part, a lender holding a security interest in a facility participates in the management of the facility if that...
• Section 324.20101b Liability Of Lender As Fiduciary Or Representative For Disabled Person; Responsibilities.
  (1) A lender or other person who has not participated in the management of a property as described in section 20101a before assuming ownership...
• Section 324.20101c Property With Deposit Of Stamp Sands; Regulation.
  Property onto which stamp sands have been deposited is not subject to regulation under this part unless the property otherwise contains hazardous substances in...
• Section 324.20102 Legislative Finding And Declaration.
  The legislature hereby finds and declares: (a) That there exist in this state certain facilities containing hazardous substances that pose a danger to the...
• Section 324.20102a Applicability Of Provisions In Effect On May 1, 1995 To Certain Actions; Incorporation By Reference; Approval Of Changes In Response Activity Plan.
  (1) Notwithstanding any other provision of this part, the following actions shall be governed by the provisions of this part that were in effect...
• Section 324.20103 Federal Assistance.
  The department shall seek federal assistance for response activities required at facilities in this state. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular...
• Section 324.20104 Coordination Of Activities; Rules; Guideline, Bulletin, Interpretive Statement, Or Operational Memorandum Not Binding On Person; Damages; Use Of Nonuse Valuation Methods; Applicability Of Provisions To Certain Bankruptcy Actions Or Claims.
  (1) The department shall coordinate all activities required under this part and may promulgate rules necessary to implement this part. (2) A guideline, bulletin,...
• Section 324.20104a Brownfield Redevelopment Board; Creation; Membership; Quorum; Business Conducted At Public Meeting; Writings Subject To Freedom Of Information Act; Duties And Responsibilities.
  (1) The brownfield redevelopment board is created within the department. (2) The board shall consist of the following members: (a) The director or his...
• Section 324.20105 Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
  Compiler's Notes: The repealed section pertained to duties of department upon discovery of contaminated site, inclusion of site on list, notification of inclusion on site,...
• Section 324.20105a Sites Receiving State Funds To Conduct Response Activities; Compilation, Arrangement, And Submission Of List.
  The department shall annually compile a list of sites that are receiving state funds to conduct response activities. This list shall be arranged in...
• Section 324.20106 Level Of Funding; Recommendation Of Governor.
  (1) The governor shall include in his or her annual budget recommendations to the legislature a recommended level of funding to provide for the...
• Section 324.20107 Tearing Down, Removing, Or Destroying Sign Or Notice As Misdemeanor; Penalty.
  A person who willfully tears down, removes, or destroys any sign or notice warning of the presence of hazardous substances or marking boundaries of...
• Section 324.20107a Duties Of Owner Or Operator Having Knowledge Of Facility; Hazardous Substances; Obligations Based On Current Numeric Cleanup Or Site-specific Criteria; Liability For Costs And Damages; Compliance With Section; Applicability Of Subsection (1)(a) To (C) To State Or Local Unit Of Government; "Express Public Purpose" Explained.
  (1) A person who owns or operates property that he or she has knowledge is a facility shall do all of the following with...
• Section 324.20108 Cleanup And Redevelopment Fund; Creation; Deposit Of Assets Into Fund; Subaccounts; Unexpended Balance To Be Carried Forward.
  (1) The cleanup and redevelopment fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any...
• 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.
  (1) The revitalization revolving loan fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any...
• Section 324.20108b Revitalization Revolving Loan Program.
  (1) The department shall create a revitalization revolving loan program for the purpose of making loans to certain local units of government to provide...
• Section 324.20108c State Site Cleanup Fund; Creation; Deposit Of Assets Into Fund; Investment; Interest And Earnings; Money Remaining In Fund; Lapse; Use Of Money; State Sites Cleanup Program; Establishment; Purpose; Expenditure; List Of Facilities With State Liability; Prioritized List; Payment For Necessary Response Activities; Carrying Forward Unexpended Funds; Compliance With Mcl 18.1451; Report.
  (1) The state site cleanup fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any...
• Section 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 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 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 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 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 451Popular Name: Environmental RemediationPopular Name: Environmental...
• Section 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 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 324.20112a Inventory Of Residential Closures; Creation And Update; Compilation Of Data; No Further Action Reports.
  (1) Subject to subsection (3), the department shall create, and update on an ongoing basis, an inventory of residential closures and a separate inventory...
• Section 324.20112b Releases Associated With Clandestine Drug Laboratories; Report.
  Not more than 12 months after the effective date of the amendatory act that added this section and biennially after that, the department shall...
• Section 324.20113 Appropriation; Purposes; Request To Governor; List Of Facilities; Use Of Fund; Expenditures; Limitation; Providing List Of Projects To Governor And Legislative Committees; "Urbanized Area" Defined.
  (1) Money required to implement the programs described under this part and to pay for response activities recommended under this part shall be appropriated...
• Section 324.20114 Owner Or Operator Of Facility; Duties; Response Activity Without Prior Approval; Easement; Applicability Of Subsections (1) And (3); Effect Of Section On Authority Of Department To Conduct Response Activities Or On Liability Of Certain Persons; Determination Of Nature And Extent Of Hazardous Substance; "Available Analytical Method" Defined.
  (1) Except as provided in subsection (4), an owner or operator of property who has knowledge that the property is a facility shall do...
• Section 324.20114a Undertaking Response Activities Without Prior Approval Of Department; Exception; Completion; Submission Of No Further Action Report.
  (1) Subject to section 20114 and other applicable law, a person may undertake response activities without prior approval by the department unless 1 or...
• Section 324.20114b Response Activity Plan; Submission; Form; Availability; Response By Department; Failure Of Department To Respond Within Certain Time Frames; Extension; Appeal Of Department's Decision.
  (1) Subject to section 20114(1)(h), a person undertaking response activity under this part may submit to the department a response activity plan that includes...
• Section 324.20114c Remedial Actions Satisfying Or Not Satisfying Cleanup Criteria For Unrestricted Residential Use; Preparation And Implementation Of Postclosure Plan; Contents; Notice Of Land Use Or Resource Use Restrictions To Department And Zoning Authority; Liability; Obligation To Undertake Response Activities.
  (1) If remedial actions at a facility satisfy cleanup criteria for unrestricted residential use, land use or resource use restrictions or monitoring is not...
• Section 324.20114d No Further Action Report.
  (1) Upon completion of remedial actions that satisfy the requirements of this part, a person may submit a no further action report to the...
• Section 324.20114e Response Activity Review Panel.
  (1) The director shall establish a response activity review panel to advise him or her on technical or scientific disputes, including disputes regarding assessment...
• Section 324.20114f Certificate Of Completion.
  (1) Upon completion of a response activity a person may request a certificate of completion from the department. (2) To obtain a certificate of...
• Section 324.20114g Documentation Of Due Care Compliance.
  (1) A person may submit to the department documentation of due care compliance regarding a facility. The documentation of due care compliance shall be...
• 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).
  (1) The department, upon confirmation of a release or threat of release of a substance that is regulated by the department of agriculture and...
• Section 324.20115a Release Or Threat Of Release From Underground Storage Tank System; Corrective Actions.
  (1) Notwithstanding any other provision of this part, if a release or threat of release at a facility is solely the result of a...
• Section 324.20115b Release From Disposal Area; Corrective Actions; Exception.
  Notwithstanding any other provision of this part, if a release at a disposal area licensed under part 115 is solely a release from that...
• Section 324.20116 Transfer Of Interest In Real Property; Notice; Certification Of Completed Response Activity.
  (1) A person who has knowledge or information or is on notice through a recorded instrument that a portion or the entirety of a...
• Section 324.20117 Information Required To Be Furnished; Requirements; Right To Enter Public Or Private Property; Purposes; Duties Of Person Entering Public Or Private Property; Copies Of Sample Analyses, Photographs, Or Videotapes; Completion Of Inspections And Investigations; Refusing Entry Or Information; Powers Of Attorney General; Injunction; Civil Fine; Availability Of Information To Public; Protection Of Information; Administrative Subpoena; Witness Fees And Mileage; Court Order; Contempt; “information” Defined.
  (1) To determine the need for response activity or selecting or taking a response activity or otherwise enforcing this part or a rule promulgated...
• Section 324.20118 Response Activity; Remedial Action; Purposes; Selection Or Approval; Conditions.
  (1) The department may take response activity or approve of response activity proposed by a person that is consistent with this part and the...
• Section 324.20119 Action To Abate Danger Or Threat; Administrative Order; Noncompliance; Liability; Petition For Reimbursement; Action In Court Of Claims; Evidence.
  (1) In accordance with this section, if the department determines that there may be an imminent and substantial endangerment to the public health, safety,...
• Section 324.20120 Selection Of Remedial Action; Factors.
  (1) All of the following shall be considered when a person is selecting a remedial action or the department is selecting or approving a...
• Section 324.20120a Cleanup Criteria.
  (1) The department may establish cleanup criteria and approve of remedial actions in the categories listed in this subsection. The cleanup category proposed shall...
• Section 324.20120b Numeric Or Nonnumeric Site-specific Criteria.
  (1) The department shall approve numeric or nonnumeric site-specific criteria in a response activity under section 20120a if such criteria, in comparison to generic...
• Section 324.20120c Relocation Of Contaminated Soil.
  (1) An owner or operator may relocate contaminated soil off-site or allow contaminated soil to be relocated off-site if all of the following requirements...
• Section 324.20120d Public Meeting; Notice; Publication; Summary Document; Administrative Record; Comments Or Information Not Included In Record.
  (1) At a facility where state funds will be spent to develop or implement a remedial action plan or where the department determines there...
• Section 324.20120e Response Activity Providing For Venting Groundwater; Definitions.
  (1) Subject to other requirements of this section, a person may demonstrate compliance with requirements under this part for a response activity providing for...
• Section 324.20121 Land Or Resource Use Restrictions; Restrictive Covenants Or Other Instruments.
  (1) A person may impose land or resource use restrictions to reduce or restrict exposure to hazardous substances, to eliminate a potential exposure pathway,...
• Section 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...
• Section 324.20126 Liability Under Part.
  (1) Notwithstanding any other provision or rule of law and except as provided in subsections (2), (3), (4), and (5) and section 20128, the...
• Section 324.20126a Joint Several Liability; Costs Of Amounts Recoverable; Interest; Recovery; Permitted Release; Action By Attorney General; Action Brought By State Or Other Person.
  (1) Except as provided in section 20126(2), a person who is liable under section 20126 is jointly and severally liable for all of the...
• Section 324.20127 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
  Compiler's Notes: The repealed section pertained to liability.Popular Name: Act 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 324.20128 Liability Of Response Activity Contractor; Effect Of Warranty; Liability Of Employer To Employee; Governmental Employee Exempt From Liability; Definitions; Liability Of Person In Rendering Care, Assistance, Or Advice On Release Of Petroleum; Effect Of Exception Under Subsection (6); Burden Of Establishing Liability.
  (1) Except as otherwise provided in this section, a person who is a response activity contractor for any release or threatened release is not...
• Section 324.20129 Divisibility Of Harm And Apportionment Of Liability; Liability For Indivisible Harm; Contribution; Factors In Allocating Response Activity Costs And Damages; Reallocation Of Uncollectible Amount; Effect Of Consent Order; Resolution Of Liability In Approved Settlement; Contribution Protection; Effect Of State Obtaining Less Than Complete Relief; Contribution From Person Not Party To Consent Order; Subordinate Rights In Action For Contribution.
  (1) If 2 or more persons acting independently are liable under section 20126 and there is a reasonable basis for division of harm according...
• Section 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 451Popular...
• Section 324.20130 Indemnification, Hold Harmless, Or Similar Agreement Or Conveyance; Subrogation.
  (1) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer from a person who is liable under section 20126...
• Section 324.20131 Limitations On Liability; Circumstances Requiring Total Costs And Damages.
  (1) Except as provided in subsection (2), the liability under this part for each release or threat of release shall not exceed the total...
• Section 324.20132 Covenant Not To Sue Generally; Future Enforcement Action.
  (1) The state may provide a person with a covenant not to sue concerning any liability to the state under this part, including future...
• Section 324.20133 Redevelopment Or Reuse Of Facility; Covenant Not To Sue; Conditions; Demonstration; Limitation; Reservation Of Right To Assert Claims; Irrevocable Right Of Entry; Monitoring Compliance.
  (1) The state may provide a person who proposes to redevelop or reuse a facility, including a vacant manufacturing or abandoned industrial site, with...
• Section 324.20134 Consent Order; Settlement.
  (1) The department and the attorney general may enter into a consent order with a person who is liable under section 20126 or any...
• Section 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 451Popular Name: Environmental RemediationPopular Name:...
• Section 324.20135 Civil Action; Jurisdiction; Conditions; Notice; Awarding Costs And Fees; Rights Not Impaired; Venue.
  (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or...
• Section 324.20135a Access To Property; Action By Court.
  (1) A person who is liable under section 20126 or a lender that has a security interest in all or a portion of a...
• Section 324.20136 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
  Compiler's Notes: The repealed section pertained to grant programs.Popular Name: Act 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 324.20137 Additional Relief; Failure Of Facility Owner Or Operator To Report Hazardous Substance Release; Civil Fine; Providing Copy Of Complaint To Attorney General; Jurisdiction; Judicial Review; Intervenor.
  (1) Subject to subsections (2) and (3), in addition to other relief authorized by law, the attorney general may, on behalf of the state,...
• Section 324.20138 Unpaid Costs And Damages As Lien On Facility; Priority; Commencement And Sufficiency Of Lien; Petition; Notice Of Hearing; Increased Value As Lien; Perfection, Duration, And Release Of Lien; Document Stating Completion Of Response Activities.
  (1) All unpaid costs and damages for which a person is liable under section 20126 constitute a lien in favor of the state upon...
• Section 324.20139 Applicability Of Penalties; Conduct Constituting Felony; Penalties; Jurisdiction; Criminal Liability For Substantial Endangerment To Public Health, Safety, Or Welfare; Determination; Knowledge Attributable To Defendant; Award; Rules; "Serious Bodily Injury" Defined.
  (1) The penalties provided in this section only apply to a release that occurs after July 1, 1991. (2) A person who does any...
• Section 324.20140 Limitation Periods; Effect Of Subsection (3).
  (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is as follows: (a) For the...
• Section 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 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
• Section 324.20142 Compliance As Bar To Certain Claims; Exceptions.
  (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...

Last modified: October 10, 2016