MCL - 451-1994-II-7-201

Act 451 of 1994
Part 201
Document Type Description
Section 324.20101 Section Definitions.
Section 324.20101a Section Participation in management of facility by lender; “workout” defined.
Section 324.20101b Section Liability of lender as fiduciary or representative for disabled person; responsibilities.
Section 324.20101c Section Property with deposit of stamp sands; regulation.
Section 324.20102 Section Legislative finding and declaration.
Section 324.20102a Section Applicability of provisions in effect on May 1, 1995 to certain actions; incorporation by reference; approval of changes in response activity plan.
Section 324.20103 Section Federal assistance.
Section 324.20104 Section 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.
Section 324.20104a Section Brownfield redevelopment board; creation; membership; quorum; business conducted at public meeting; writings subject to freedom of information act; duties and responsibilities.
Section 324.20105 Section Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20105a Section Sites receiving state funds to conduct response activities; compilation, arrangement, and submission of list.
Section 324.20106 Section Level of funding; recommendation of governor.
Section 324.20107 Section Tearing down, removing, or destroying sign or notice as misdemeanor; penalty.
Section 324.20107a Section 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.
Section 324.20108 Section Cleanup and redevelopment fund; creation; deposit of assets into fund; subaccounts; unexpended balance to be carried forward.
Section 324.20108a Section Revitalization revolving loan fund; creation; deposit of assets into fund; investment; interest and earnings; carrying forward unexpended balance; lump-sum appropriation; expenditure.
Section 324.20108b Section Revitalization revolving loan program.
Section 324.20108c Section 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.
Section 324.20109 Section Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20109a Section Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20110, 324.20111 Section Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20112 Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20112a Section Inventory of residential closures; creation and update; compilation of data; no further action reports.
Section 324.20112b Section Repealed. 2018, Act 237, Eff. Sept. 25, 2018.
Section 324.20113 Section 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.
Section 324.20114 Section 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.
Section 324.20114a Section Undertaking response activities without prior approval of department; exception; completion; submission of no further action report.
Section 324.20114b Section Response activity plan; submission; form; availability; response by department; failure of department to respond within certain time frames; extension; appeal of department's decision.
Section 324.20114c Section 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.
Section 324.20114d Section No further action report.
Section 324.20114e Section Response activity review panel.
Section 324.20114f Section Certificate of completion.
Section 324.20114g Section Documentation of due care compliance.
Section 324.20115 Section 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).
Section 324.20115a Section Release or threat of release from underground storage tank system; corrective actions.
Section 324.20115b Section Release from disposal area; corrective actions; exception.
Section 324.20116 Section Transfer of interest in real property; notice; certification of completed response activity.
Section 324.20117 Section 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.
Section 324.20118 Section Response activity; remedial action; purposes; selection or approval; conditions.
Section 324.20119 Section Action to abate danger or threat; administrative order; noncompliance; liability; petition for reimbursement; action in court of claims; evidence.
Section 324.20120 Section Selection of remedial action; factors.
Section 324.20120a Section Cleanup criteria; response activity plan; departmental duties; rules.
Section 324.20120a.amended Section Cleanup criteria; response activity plan; departmental duties; rules.
Section 324.20120b Section Numeric or nonnumeric site-specific criteria.
Section 324.20120c Section Relocation of contaminated soil.
Section 324.20120d Section Public meeting; notice; publication; summary document; administrative record; comments or information not included in record.
Section 324.20120e Section Response activity providing for venting groundwater; definitions.
Section 324.20120f Section Vapor intrusion; evaluation and management methods.
Section 324.20121 Section Land or resource use restrictions; restrictive covenants or other instruments.
Section 324.20122-324.20125 Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20126 Section Liability under part.
Section 324.20126a Section Joint several liability; costs of amounts recoverable; interest; recovery; permitted release; action by attorney general; action brought by state or other person.
Section 324.20127 Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20128 Section 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.
Section 324.20129 Section 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.
Section 324.20129a Section Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20130 Section Indemnification, hold harmless, or similar agreement or conveyance; subrogation.
Section 324.20131 Section Limitations on liability; circumstances requiring total costs and damages.
Section 324.20132 Section Covenant not to sue generally; future enforcement action.
Section 324.20133 Section Redevelopment or reuse of facility; covenant not to sue; conditions; demonstration; limitation; reservation of right to assert claims; irrevocable right of entry; monitoring compliance.
Section 324.20134 Section Consent order; settlement.
Section 324.20134a Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20135 Section Civil action; jurisdiction; conditions; notice; awarding costs and fees; rights not impaired; venue.
Section 324.20135a Section Access to property; action by court.
Section 324.20136 Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20137 Section 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.
Section 324.20138 Section 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.
Section 324.20139 Section 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.
Section 324.20140 Section Limitation periods; effect of subsection (3).
Section 324.20141 Section Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20142 Section Compliance as bar to certain claims; exceptions.