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451-1994-II-7-201 Part 201 Environmental Remedi...
451-1994-II-7-201 Part 201 Environmental Remediation (324.20101...324.20142)
Section 324.20101 Definitions.
Section 324.20101a Participation in Management of Facility by Lender; “Workout” Defined.
Section 324.20101b Liability of Lender as Fiduciary or Representative for Disabled Person; Responsibilities.
Section 324.20101c Property With Deposit of Stamp Sands; Regulation.
Section 324.20102 Legislative Finding and Declaration.
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.
Section 324.20103 Federal Assistance.
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.
Section 324.20104a Brownfield Redevelopment Board; Creation; Membership; Quorum; Business Conducted at Public Meeting; Writings Subject to Freedom of Information Act; Duties and Responsibilities.
Section 324.20105 Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20105a Sites Receiving State Funds to Conduct Response Activities; Compilation, Arrangement, and Submission of List.
Section 324.20106 Level of Funding; Recommendation of Governor.
Section 324.20107 Tearing Down, Removing, or Destroying Sign or Notice as Misdemeanor; Penalty.
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.
Section 324.20108 Cleanup and Redevelopment Fund; Creation; Deposit of Assets Into Fund; Subaccounts; Unexpended Balance to Be Carried Forward.
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.
Section 324.20108b Revitalization Revolving Loan Program.
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.
Section 324.20109 Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20109a Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20110, 324.20111 Repealed. 1996, Act 380, Imd. Eff. July 24, 1996.
Section 324.20112 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20112a Inventory of Residential Closures; Creation and Update; Compilation of Data; No Further Action Reports.
Section 324.20112b Repealed. 2018, Act 237, Eff. Sept. 25, 2018.
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.
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.
Section 324.20114a Undertaking Response Activities Without Prior Approval of Department; Exception; Completion; Submission of No Further Action Report.
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.
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.
Section 324.20114d No Further Action Report.
Section 324.20114e Response Activity Review Panel.
Section 324.20114f Certificate of Completion.
Section 324.20114g Documentation of Due Care Compliance.
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).
Section 324.20115a Release or Threat of Release From Underground Storage Tank System; Corrective Actions.
Section 324.20115b Release From Disposal Area; Corrective Actions; Exception.
Section 324.20116 Transfer of Interest in Real Property; Notice; Certification of Completed Response Activity.
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.
Section 324.20118 Response Activity; Remedial Action; Purposes; Selection or Approval; Conditions.
Section 324.20119 Action to Abate Danger or Threat; Administrative Order; Noncompliance; Liability; Petition for Reimbursement; Action in Court of Claims; Evidence.
Section 324.20120 Selection of Remedial Action; Factors.
Section 324.20120a Cleanup Criteria; Response Activity Plan; Departmental Duties; Rules.
Section 324.20120b Numeric or Nonnumeric Site-Specific Criteria.
Section 324.20120c Relocation of Contaminated Soil.
Section 324.20120d Public Meeting; Notice; Publication; Summary Document; Administrative Record; Comments or Information Not Included in Record.
Section 324.20120e Response Activity Providing for Venting Groundwater; Definitions.
Section 324.20120f Vapor Intrusion; Evaluation and Management Methods.
Section 324.20121 Land or Resource Use Restrictions; Restrictive Covenants or Other Instruments.
Section 324.20122-324.20125 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20126 Liability Under Part.
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.
Section 324.20127 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
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.
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.
Section 324.20129a Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20130 Indemnification, Hold Harmless, or Similar Agreement or Conveyance; Subrogation.
Section 324.20131 Limitations on Liability; Circumstances Requiring Total Costs and Damages.
Section 324.20132 Covenant Not to Sue Generally; Future Enforcement Action.
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.
Section 324.20134 Consent Order; Settlement.
Section 324.20134a Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20135 Civil Action; Jurisdiction; Conditions; Notice; Awarding Costs and Fees; Rights Not Impaired; Venue.
Section 324.20135a Access to Property; Action by Court.
Section 324.20136 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
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.
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.
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.
Section 324.20140 Limitation Periods; Effect of Subsection (3).
Section 324.20141 Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20142 Compliance as Bar to Certain Claims; Exceptions.