NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
SUBPART 7
ENFORCEMENT


324.11546 Action for appropriate relief; penalties for violation or noncompliance; restoration; return; civil action.

Sec. 11546.

    (1) The department or a local health officer may request that the attorney general bring an action in the name of the people of this state, or a municipality or county may bring an action based on facts arising within its boundaries, for any appropriate relief, including injunctive relief, for a violation of part 115.
    (2) In addition to any other relief provided by this section, the court may impose on any person who violates part 115 a civil fine as follows:
    (a) Except as provided in subdivision (b), not more than $10,000.00 for each day of violation.
    (b) For a second or subsequent violation, not more than $25,000.00 for each day of violation.
    (3) In addition to any other relief provided by this section, the court may order a person who violates part 115 to restore, or to pay to this state an amount equal to the cost of restoring, the natural resources of this state affected by the violation to their original condition before the violation, and to pay to this state the costs of surveillance and enforcement incurred by this state as a result of the violation.
    (4) In addition to any other relief provided by this section, the court shall order a person who violates section 11526e to return, or to pay to this state an amount equal to the cost of returning, the solid waste that is the subject of the violation to the country in which that waste was generated.
    (5) Part 115 does not preclude any person from commencing a civil action based on facts that may constitute a violation of part 115.
    
    


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 41, Imd. Eff. Mar. 29, 2004 ;-- Am. 2006, Act 56, Imd. Eff. Mar. 13, 2006 ;-- Am. 2022, Act 247, Eff. Mar. 29, 2023
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act





324.11547, 324.11548 Repealed. 2022, Act 247, Eff. Mar. 29, 2023.


Compiler's Notes: The repealed sections pertained to the establishment of a grant program to provide financial assistance to the county or regional planning agencies and the legislative intent regarding private sector participation.
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act





324.11549 Violation as misdemeanor; violation as felony; penalty; separate offenses.

Sec. 11549.

    (1) A person who violates part 115 is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 for each violation and costs of prosecution and, if in default of payment of fine and costs, imprisonment for not more than 6 months.
    (2) A person who knowingly violates section 11526e is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
    (3) Each day upon which a violation described in this section occurs is a separate offense.
    
    


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2006, Act 58, Imd. Eff. Mar. 13, 2006 ;-- Am. 2022, Act 247, Eff. Mar. 29, 2023
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act



Rendered 10/12/2024 11:37 PM
Michigan Compiled Laws Complete Through PA 128 of 2024
Courtesy of legislature.mi.gov