Michigan Compiled Laws 451-1994-ii-8-215 Part 215 Underground Storage Tank Corrective Action Funding (324.21501...324.21563)

• Section 324.21501 Meanings Of Words And Phrases.
  For purposes of this part, the words and phrases defined in sections 21502 and 21503 have the meanings ascribed to them in those sections....
• Section 324.21502 Definitions; A To O.
  As used in this part: (a) "Administrator" means the administrator of the authority as provided for in section 21525. (b) "Affiliate" means a person...
• Section 324.21503 Definitions; P To U.
  As used in this part: (a) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity. (b) "Pipeline terminal operator" means...
• Section 324.21504 Objectives Of Part.
  The objectives of this part are to fund corrective actions to address releases from refined petroleum underground storage tank systems, to assist owners and...
• Section 324.21505 Legislative Findings.
  The legislature finds that releases from underground storage tanks are a significant cause of contamination of the natural resources, water resources, and groundwater in...
• Section 324.21506 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to Michigan underground storage tank financial assurance fund.
• Section 324.21506a Refined Petroleum Fund; Creation; Deposit Of Money Or Other Assets; Investment; Money Remaining At Close Of Fiscal Year; Expenditures; Purposes.
  (1) The refined petroleum fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source...
• Section 324.21506b Underground Storage Tank Cleanup Fund; Creation; Bond Proceeds Account; Receipt Of Money Or Other Assets; Investment; Money Remaining At Close Of Fiscal Year; Authority As Administrator; Expenditures.
  (1) The underground storage tank cleanup fund is created within the state treasury. The state treasurer shall establish a bond proceeds account within the...
• Section 324.21507 Repealed. 1995, Act 252, Eff. Dec. 22, 1998.
  Compiler's Notes: The repealed section pertained to creation, investment, and disposition of the emergency response fund.Popular Name: Act 451Popular Name: NREPA
• Section 324.21508 Environmental Protection Regulatory Fee; Imposition; Precollection; Collection; Exemption; Deposit Of Fees; Audit, Enforcement, Collection, And Assessment Of Fees By Department Of Treasury.
  (1) An environmental protection regulatory fee is imposed on all refined petroleum products sold for resale in this state or consumption in this state....
• Section 324.21509 Calculation And Payment Of Regulatory Fees; Collection Of Regulatory Fees Under Product Exchange Agreement; Definition.
  (1) Notwithstanding any other provision in this part, regulatory fees shall be calculated and paid upon gross or metered gallons with respect to all...
• Section 324.21510 Eligibility Of Owner Or Operator To Receive Money From Authority For Corrective Action Or Indemnification.
  (1) An owner or operator is eligible to receive money from the authority for corrective action or indemnification due to a release from a...
• Section 324.21510a Responsibility Of Owner Or Operator For Deductible Amount.
  (1) Prior to submitting a claim under this part, an owner or operator is responsible for a deductible amount as follows: (a) Subject to...
• Section 324.21510b Itemized Corrective Actions; Schedule Of Costs.
  (1) The authority shall establish a schedule of costs that itemizes corrective actions that are generally conducted at a site and lists an allowable...
• Section 324.21510c Approval Of Claim; Prohibitions.
  A claim shall not be approved by the authority for any of the following: (a) A release that was expected or intended by an...
• Section 324.21511 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to eligibility of financial institution, land contract vendor, or local unit of government to receive money from fund for...
• Section 324.21512 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to approval of expenditures on behalf of owner or operator.
• Section 324.21513 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to duties of fund administrator.
• Section 324.21514 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to payment of co-payment amount by owner or operator.
• Section 324.21515 Receiving Money From Authority For Corrective Action; Procedures.
  (1) To receive money from the authority for corrective action, the owner or operator shall follow the procedures outlined in this section and shall...
• Section 324.21516 Assignment Or Transfer Of Approved Claim; Notice.
  (1) An owner or operator with a claim approved pursuant to section 21515 for which corrective action is in progress who sells or transfers...
• Section 324.21517 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to responsibilities of owner or operator and compliance with certain requirements.
• Section 324.21518 Receiving Money From Authority For Indemnification; Request For Indemnification; Approval By Attorney General; Records; Payment.
  (1) To receive money from the authority for indemnification, the owner or operator shall submit to the administrator a request for indemnification containing the...
• Section 324.21519 Order Of Payment; Insufficient Money Available; Liability Of Authority And State.
  (1) The authority shall make payments on claims in the order in which they are received. However, if there is insufficient money available to...
• Section 324.21520 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to establishment of audit program to monitor compliance.
• Section 324.21521 Denial Of Claim, Work Invoice, Or Request For Indemnification; Review; Negotiated Resolution; Appeal.
  (1) If the administrator denies a claim or work invoice, or a request for indemnification, the owner or operator who submitted the claim, work...
• Section 324.21522 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to appointment, terms, and duties of board of directors of Michigan underground storage tank financial assurance authority.
• Section 324.21523 Underground Storage Tank Authority; Creation; Handling Of Funds.
  The underground storage tank authority is created as a body corporate within the department and shall exercise its prescribed statutory power, financial duties, and...
• Section 324.21524 Authority; Appointment, Terms, And Duties Of Members; Vacancy; Conduct Of Business; Meetings Open To Public; Quorum; Voting; Designation Of Representative; Election Of Chairperson And Other Officers.
  (1) The authority shall be governed by a board of directors consisting of the director of the department and 6 residents of the state...
• Section 324.21525 Appointment Of Administrator; Employment Of Experts, Other Officers, Agents, Or Employees; Contract With Department; Report; Audit.
  (1) The board shall appoint an administrator of the authority and may delegate to the administrator responsibilities for acting on behalf of the authority....
• Section 324.21526 Board Of Directors; Powers.
  Except as otherwise provided in this part, the board of directors may do all things necessary or convenient to implement this part and the...
• Section 324.21527 Assessment; Bonds Or Notes; Issuance; Indebtedness, Liability, Or Obligations Of State Not Created; Payment; Expenses.
  (1) The authority shall assess the potential demand for payment of claims under this part and shall provide the results of the assessment to...
• Section 324.21528 Bonds Or Notes; Issuance; Amount; Purpose; Payment; Provisions; Validity Of Signatures; Sale; Bonds Or Notes Subject To Other Acts.
  (1) The finance authority may issue from time to time bonds or notes in principal amounts the finance authority considers necessary to provide funds...
• Section 324.21529 Bonds Or Notes; Issuance; Amounts; Purpose; Application Of Proceeds To Purchase Or Retirement At Maturity Or Redemption; Investment Of Escrowed Proceeds; Use By Authority; Refunded Bonds Or Notes Considered As Paid; Termination Of Obligation.
  (1) The authority may provide for the issuance of bonds or notes in the amounts the authority considers necessary for the purpose of refunding...
• Section 324.21530 Bonds Or Notes; Assurance Of Timely Payments; Costs Of Issuance.
  (1) The authority may authorize and approve an insurance contract, an agreement for a line of credit, a letter of credit, a commitment to...
• Section 324.21531 Members Of Board Of Directors, Executive Director, Or Other Officer; Powers.
  Within limitations that are contained in the issuance or authorization resolution of the finance authority, the finance authority may authorize a member of the...
• Section 324.21532 Contract With Holders Of Bonds Or Notes; Provisions.
  A resolution authorizing bonds or notes may provide for all or any portion of the following that shall be part of the contract with...
• Section 324.21533 Pledge As Valid And Binding; Lien.
  A pledge made by the authority is valid and binding from the time the pledge is made. The money or property pledged by the...
• Section 324.21534 Disposition Of Proceeds.
  The proceeds of bonds or notes issued pursuant to this part shall be deposited into the fund or bond proceeds account as authorized or...
• Section 324.21535 Personal Liability.
  A member of the authority, any person executing bonds or notes issued under this part, or any person executing any agreement on behalf of...
• Section 324.21536 Holders Of Bonds Or Notes; Rights And Remedies Not Limited, Restricted, Or Impaired.
  The state pledges to and agrees with the holders of bonds or notes issued under this part that the state shall not limit or...
• Section 324.21537 Persons Authorized To Invest Funds; Authority Bonds Or Notes As Security For Public Deposits.
  Notwithstanding any restriction contained in any other law, the state and a public officer, local unit of government, or agency of the state or...
• Section 324.21538 Property And Income Of Authority; Bonds Or Notes As Exempt From Tax.
  (1) Property of the authority is public property devoted to an essential public and governmental function and purpose. Income of the authority is for...
• Section 324.21539 Construction Of Part.
  This part shall be construed liberally to effectuate the legislative intent and the purposes as complete and independent authority for the performance of each...
• Section 324.21540 Rules.
  The authority may promulgate rules as necessary to implement sections 21523 to 21539. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act...
• Section 324.21541 Repealed. 2012, Act 113, Imd. Eff. May 1, 2012.
  Compiler's Notes: For abolishment of the Michigan underground storage tank financial assurance policy board to the department of environmental quality and transfer of its powers...
• Section 324.21542 Repealed. 2012, Act 113, Imd. Eff. May 1, 2012.
  Compiler's Notes: For abolishment of the Michigan underground storage tank financial assurance policy board to the department of environmental quality and transfer of its powers...
• Section 324.21543 Repealed. 2012, Act 113, Imd. Eff. May 1, 2012.
  Compiler's Notes: The repealed section pertained to certification of individual as underground storage tank professional.Popular Name: Act 451Popular Name: NREPA
• Section 324.21544 Rules.
  The department and the department of treasury may promulgate rules necessary to implement this part. History: 1994, Act 451, Eff. Mar. 30, 1995 Popular...
• Section 324.21545 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to promulgation of administrative rules.
• Section 324.21546 Liability; Constitutionality Of Part.
  (1) This part does not create any liability on behalf of the state. This part shall not be construed as making the state the...
• Section 324.21547 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to availability and cost of environmental impairment insurance.
• Section 324.21548 Knowledge Of False, Misleading, Or Fraudulent Request For Payment As Felony Or Subject To Civil Fine; Retroactive Application; "Fraudulent" Or "Fraudulent Practice" Defined; Action Brought By Attorney General Or County Prosecutor; Money Owed As Claim And Lien; Prosecutions Under Other Laws Not Precluded; Apportionment Of Fines.
  (1) A person who makes or submits or causes to be made or submitted either directly or indirectly any statement, report, affidavit, application, claim,...
• Section 324.21549 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to providing information contributing to fine or conviction.
• Section 324.21550 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to repeal of MCL 324.21508 and the authority's obligation to pay off bonds or notes.
• Section 324.21551 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to payment for interest subsidies, work invoices, and requests for indemnification.
• Section 324.21552 Repealed. 2006, Act 318, Eff. Dec. 31, 2006.
  Compiler's Notes: The repealed section pertained to the refined petroleum cleanup advisory council.Popular Name: Act 451Popular Name: NREPA
• Section 324.21553 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to establishment of refined petroleum product cleanup initial program.
• Section 324.21554 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to establishment of temporary reimbursement program.
• Section 324.21555 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to administration and implementation of temporary reimbursement program.
• Section 324.21556 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to first round precertification applications.
• Section 324.21557 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to second round precertification applications.
• Section 324.21558 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to performance of corrective actions by eligible person and compliance with certain requirements.
• Section 324.21559 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to receipt of money under temporary reimbursement fund for corrective actions.
• Section 324.21560 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to assignment or transfer of approved precertification application.
• Section 324.21561 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to denial of precertification application or work invoice.
• Section 324.21562 Repealed. 2012, Act 113, Imd. Eff. May 1, 2012.
  Compiler's Notes: For abolishment of the temporary reimbursement program advisory board and transfer of its powers and duties to the department of environmental quality, see...
• Section 324.21563 Repealed. 2014, Act 416, Imd. Eff. Dec. 30, 2014.
  Compiler's Notes: The repealed section pertained to cessation of temporary reimbursement program.

Last modified: October 10, 2016