Michigan Compiled Laws 451-1994-ii-8-213 Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)

• Section 324.21301 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to meanings of words and phrases.Popular Name: Act 451Popular Name: NREPA
• Section 324.21301a Purpose And Applicability Of Part.
  (1) This part is intended to provide remedies using a process and procedures separate and distinct from the process, procedures, and criteria established under...
• Section 324.21301b Actions Governed By Provisions In Part; Changes In Corrective Action; Corrective Actions By Nonliable Parties.
  (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 324.21302 Definitions; A To M.
  As used in this part: (a) "Air" means ambient or indoor air at the point of exposure. (b) "All appropriate inquiry" means an evaluation...
• Section 324.21303 Definitions; N To V.
  As used in this part: (a) "NAPL" means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that...
• Section 324.21304 Liability Of Owner Or Operator Not Limited Or Removed; Owner Or Operator As Or Employing Consultant.
  (1) Actions taken by a consultant pursuant to this part do not limit or remove the liability of an owner or operator that is...
• Section 324.21304a Corrective Action Activities; Conduct; Manner; Use Of Tier I Risk-based Screening Levels For Regulated Substances; Carcinogenic Risk From Regulated Substance; Applicable Rbsl Or Sstl For Groundwater Differing From Certain Standards; Corrective Action By Owner Or Operator Of Underground Storage Tank.
  (1) Corrective action activities undertaken pursuant to this part shall be conducted in accordance with the process outlined in RBCA in a manner that...
• Section 324.21304b Removal Or Relocation Of Soil.
  (1) A person shall not remove soil, or allow soil to be removed, from a site to an off-site location unless that person determines...
• Section 324.21304c Duty Of Owner Or Operator Of Property; Basis; Liability For Corrective Action Activity Costs And Natural Resource Damages; Applicability Of Subsection (1)(a) To (C) To State Or Local Unit Of Government.
  (1) A person that owns or operates property that the person has knowledge is contaminated shall do all of the following with respect to...
• Section 324.21304d Transfer Of Interest In Real Property In Which Notice Required; Certification Of Completed Corrective Action Activity; Disclosure.
  (1) If a person owns a parcel of real property and has knowledge or information or is on notice through a recorded instrument that...
• Section 324.21305 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to promulgation of administrative rules.Popular Name: Act 451Popular Name: NREPA
• Section 324.21306 Repealed. 1996, Act 116, Imd. Eff. Mar. 6, 1996.
  Compiler's Notes: The repealed section pertained to de minimis spills, removal or disposal of contaminated soils, duties of consultants, and eligibility to receive funding.Popular Name:...
• Section 324.21307 Report Of Release; Initial Response Actions; Duties Of Owner Or Operator Liable Under Mcl 324.21323a.
  (1) Upon confirmation of a release from an underground storage tank system, the owner or operator that is liable under section 21323a shall report...
• Section 324.21307a Site Closure Report; Activities Requiring Notification By Owner Or Operator To Department.
  (1) Following initiation of initial actions under section 21307, the owner or operator that is liable under section 21323a shall complete the requirements of...
• Section 324.21308 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to initial assessment of release.Popular Name: Act 451Popular Name: NREPA
• Section 324.21308a Initial Assessment Report; Discovery Of Migrating Or Mobile Napl; Additional Information; Supporting Documentation Upon Request.
  (1) Within 180 days after a release has been discovered, the owner or operator that is liable under section 21323a shall complete an initial...
• Section 324.21309 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to conditions requiring report of corrective action and proposed schedule and removal and disposal of contaminated soil.Popular Name: Act...
• Section 324.21309a Corrective Action Plan.
  (1) If initial actions under section 21307 have not resulted in completion of corrective action, an owner or operator that is liable under section...
• Section 324.21310 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to conditions requiring soil feasibility analysis and soil remedial corrective action plan.Popular Name: Act 451Popular Name: NREPA
• Section 324.21310a Notice Of Corrective Action; Institutional Controls; Restrictive Covenants; Alternative Mechanisms; Notice Of Land Use Restrictions.
  (1) If the corrective action activities at a site result in a final remedy that relies on a nonresidential RBSL or an SSTL, institutional...
• Section 324.21311 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to groundwater contamination and related reports.Popular Name: Act 451Popular Name: NREPA
• Section 324.21311a Final Assessment Report; Information; Providing Supporting Documentation Upon Request.
  (1) Within 365 days after a release has been discovered, an owner or operator that is liable under section 21323a shall complete a final...
• Section 324.21312 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to owner or operator of petroleum underground storage tank system, conditions, and corrective action.Popular Name: Act 451Popular Name: NREPA
• Section 324.21312a Closure Report; Information; Confirmation Of Receipt By Department; Additional Information.
  (1) Upon completion of the corrective action, the owner or operator that is liable under section 21323a shall complete a closure report and submit...
• Section 324.21313 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to Type A or B cleanup.Popular Name: Act 451Popular Name: NREPA
• Section 324.21313a Failure To Provide Required Submittal; Penalty; Computing Period Of Time; Extension Of Reporting Deadline; Contract Provision For Payment Of Fines; Disposition Of Money Collected; Accrual Of Penalty.
  (1) Beginning on May 1, 2012, except as provided in subsection (6), and except for the confirmation provided in section 21312a(2), if a required...
• Section 324.21314 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to retaining consultants.Popular Name: Act 451Popular Name: NREPA
• Section 324.21314a Classification Of Sites; Corrective Action; Schedule.
  Sites shall be classified consistent with the process outlined in RBCA. If the department determines that no imminent risk to the public health, safety,...
• Section 324.21315 Audit; Final Assessment Report Or Closure Report.
  (1) The department shall design and implement a program to selectively audit final assessment reports and closure reports submitted under this part. Upon receipt...
• Section 324.21316 Use Of Forms.
  The department may create and require the use of forms containing information specifically required under this part to assist in the reporting requirements provided...
• Section 324.21316a Delivery Of Regulated Substance To Underground Storage Tank As Misdemeanor; Penalty; Notice Of Violation; Placard; Tampering With Placard As Misdemeanor; Commencement Of Criminal Actions.
  (1) A person shall not knowingly deliver a regulated substance to an underground storage tank system that has had a placard affixed to it...
• Section 324.21317-324.21319 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed sections pertained to type C cleanup, corrective action plans, and issuance of orders.Popular Name: Act 451Popular Name: NREPA
• Section 324.21319a Administrative Order.
  (1) In accordance with this section, if the department determines that there may be an imminent risk to the public health, safety, or welfare,...
• Section 324.21320 Corrective Actions By Department.
  If the department learns of a suspected or confirmed release from an underground storage tank system, the department may undertake corrective actions necessary to...
• Section 324.21321, 324.21322 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed sections pertained to failure to submit report within required time and liability imposed on owner or operator.Popular Name: Act 451Popular Name:
• Section 324.21323 Commencement Of Civil Action By Attorney General; Return Or Retention Of Federal Funds.
  (1) The attorney general may, on behalf of the department, commence a civil action seeking any of the following: (a) A temporary or permanent...
• Section 324.21323a Persons Liable Under Part; Persons Not Liable Under Part; Burden Of Proof; Compliance.
  (1) Notwithstanding any other provision of this act, and except as otherwise provided in this section and section 21323c, the following persons are liable...
• Section 324.21323b Joint And Several Liability; Recovery Of Costs.
  (1) Except as provided in section 21323a(2), a person that is liable under section 21323a is jointly and severally liable for all of the...
• Section 324.21323c Liability Of Corrective Action Contractor; "Corrective Action Contract" And "Corrective Action Contractor" Defined; Liability If Act Or Failure To Act Consistent With National Contingency Plan Or Directed By Federal On-scene Coordinator Or Director; Damages; Definitions; Burden Of Proof.
  (1) Except as otherwise provided in this section, a person that is a corrective action contractor for any release or threatened release is not...
• Section 324.21323d Basis For Division Of Harm; Action For Contribution; Reallocation Of Uncollectible Amount; Effect Of Consent Order.
  (1) If 2 or more persons acting independently are liable under section 21323a and there is a reasonable basis for division of harm according...
• Section 324.21323e Effect Of Indemnification, Hold Harmless, Or Similar Agreement Or Conveyance.
  (1) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer from a person that is liable under section 21323a...
• Section 324.21323f Costs And Damages; Limitation.
  (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 324.21323g Covenant Not To Sue; Conditions; Effect; Factors; Covenant Not To Sue Concerning Future Liability; Exception; Provisions Providing For 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 324.21323h Proposal To Redevelop Or Reuse Contaminated Property; Covenant Not To Sue; Conditions; Assertion Of Claims; Irrevocable Right Of Entry To Department, Its Contractors, Or Other Persons Performing Corrective Action.
  (1) The state may provide a person that proposes to redevelop or reuse property contaminated by a release from an underground storage tank system,...
• Section 324.21323i Consent Order; Final Settlement.
  (1) The department and the attorney general may enter into a consent order with a person that is liable under section 21323a or any...
• Section 324.21323j Civil Action.
  (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 324.21323k Access To Property.
  (1) A person that is liable under section 21323a or a lender that has a security interest in all or a portion of a...
• Section 324.21323l Limitation Period For Filing Actions.
  The limitation period for filing actions under this part is as follows: (a) For the recovery of corrective action costs and natural resources damages...
• Section 324.21323m Persons Exempt From Liability.
  (1) Except as provided in section 21323b(5), a person that has complied with the requirements of this part or is exempt from liability under...
• Section 324.21323n Documentation Of Due Care.
  (1) A person may submit to the department documentation of due care compliance regarding a site. The documentation of due care compliance shall be...
• Section 324.21324 Submission Of False, Misleading, Or Fraudulent Information As Felony; Penalty; Civil Fine; Retroactive Application; “fraudulent” And “fraudulent Practice” Defined; Investigation And Commencement Of Action By Attorney General Or County Prosecutor; Subpoena; Enforcement; Order Granting Immunity; Failure To Comply With Subpoena; Prosecution Under Other Laws Not Precluded; Apportionment Of Fines.
  (1) Beginning April 25, 1994, a person who makes or submits or causes to be made or submitted either directly or indirectly a statement,...
• Section 324.21325 Qualified Underground Tank Consultant; Requirements.
  A person shall be considered a qualified underground storage tank consultant if the person meets all of the following requirements: (a) Experience in all...
• Section 324.21326 Furnishing Information To Department; Right Of Entry; Inspections And Investigations; Powers Of Attorney General.
  (1) Upon request of the department for the purpose of conducting an investigation, taking corrective action, or enforcing this part, a person shall furnish...
• Section 324.21327 Rules; Prohibition.
  (1) Beginning on the effective date of the 2012 amendatory act that amended this section, the department shall not promulgate rules to implement this...
• Section 324.21328 Agreements.
  The department may enter into an agreement with a local unit of government or a state or federal agency to aid in the implementation...
• Section 324.21329 Coordination And Integration.
  The department shall coordinate and integrate the provisions of this part with appropriate state and federal law for purposes of administration and enforcement. The...
• Section 324.21330 Actions Taken By State Police.
  This part does not prohibit the department of state police from taking action in any situation in which it is otherwise authorized by law...
• Section 324.21331 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
  Compiler's Notes: The repealed section pertained to repeal of part.Popular Name: Act 451Popular Name: NREPA
• Section 324.21332 Contested Case Hearing; Petition; Hearing.
  (1) Subject to subsection (2), an owner or operator that is liable under section 21323a may petition the department for a contested case hearing...
• Section 324.21333 Appeal Of Final Agency Decision.
  An owner or operator that is liable under section 21323a may appeal a final agency decision to affix a placard under section 21316a(2) or...
• Section 324.21334 Report To Legislative Committees.
  Not later than November 1, 2013 and not later than November 1 of each subsequent year, the department shall submit a report to the...

Last modified: October 10, 2016