Title 324, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

Sec. 14722. (1) Beginning June 1, 2006, a person shall not manufacture, process, or distribute a product or material that contains more than 1/10 of 1% of penta-BDE. (2) This section does not apply to either of the following: (a) Original equipment manufacturer replacement parts.…

Sec. 14723. (1) Beginning June 1, 2006, a person shall not manufacture, process, or distribute a product or material that contains more than 1/10 of 1% of octa-BDE. (2) This section does not apply to original equipment manufacturer replacement service parts or the processing of r…

Sec. 14724. The department may establish a PBDE advisory committee to assist the department in determining the risk posed by the release of PBDEs, other than penta-BDE or octa-BDE, to human health and the environment. The department may use existing programs to monitor the presen…

Sec. 14725. A person who violates this subpart is guilty of a misdemeanor punishable by a fine of not less than $2,500.00 or more than $25,000.00. Each day that a violation of this subpart continues shall be considered a separate violation.

Sec. 14801. As used in this part: (a) "Environmental audit" means a voluntary and internal evaluation conducted on or after the effective date of this part of 1 or more facilities or an activity at 1 or more facilities regulated under state, federal, regional, or local laws or or…

Sec. 14802. (1) The owner or operator of a facility, or an employee or agent of the owner or operator on behalf of the owner or operator, at any time may conduct an environmental audit and may create an environmental audit report. (2) Except as provided in subsection (3), an envi…

Sec. 14803. (1) The privilege provided for in this part may be expressly waived by the person for whom the environmental audit report was prepared. The waiver applies only to the portion or portions of the environmental audit report that are specifically waived. (2) Disclosure of…

Sec. 14804. (1) A request by state or local law enforcement authorities for disclosure of an environmental audit report shall be made by a written request delivered by certified mail or a demand by lawful subpoena. Within 30 business days after receipt of a request for disclosure…

Sec. 14805. The privilege created by this part does not apply to criminal investigations or proceedings. Where an audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by this part applicable to administrative or civil proceedings is not waiv…

Sec. 14806. (1) A person asserting the privilege under this part has the burden of proving a prima facie case as to the privilege. A person seeking disclosure of an environmental audit report has the burden of proving by a preponderance of the evidence that privilege does not exi…

Sec. 14807. A person who uses this part to commit fraud is guilty of a misdemeanor punishable by a fine of not more than $25,000.00.

Sec. 14808. This part does not limit, waive, or abrogate either of the following: (a) The scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege. (b) Any existing ability or authority to challenge privilege …

Sec. 14809. (1) A person is immune from any administrative or civil penalties and fines under this act and from criminal penalties and fines for negligent acts or omissions under this act related to a violation of article II and chapters 1 and 3 of article III and the rules promu…

Sec. 14809a. Except for the immunity provided in section 14809, this part does not limit or affect the authority of any other provision of this act or any other provision of law.

Sec. 14810. (1) The department of environmental quality shall establish and maintain a data base of the voluntary disclosures made under this part. The data base shall include the number of voluntary disclosures made on an annual basis and shall summarize in general categories th…

Sec. 1501. Conservation officers appointed by the department and trained and certified pursuant to the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws, are peace …

Sec. 1502. Except as otherwise provided by law, conservation officers appointed by the department have the same power to serve criminal process and to require aid in executing criminal process as sheriffs, and are entitled to the same fees as sheriffs in performing those duties u…

Sec. 1505. (1) The department shall use a fair and equitable sampling process to select persons whose operations or facilities will be inspected. (2) Subsection (1) does not apply to any of the following: (a) An inspection performed in response to a complaint from a third party. …

Sec. 1511. (1) Subject to subsection (2) and notwithstanding any other provision of this act, before initiating a civil enforcement action under this act against a person, the department shall do both of the following: (a) Beginning May 1, 2019, provide the person in writing a li…

Sec. 1601. The department and any officer appointed by the department shall do all of the following: (a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds, wild animals, and fish. (b) Enforce all other laws of this state th…

Sec. 1602. (1) The department, or an officer appointed by the department, may file a complaint and commence proceedings against any person for a violation of any of the laws or statutes described in section 1601, without the sanction of the prosecuting attorney of the county in w…

Sec. 1603. (1) The following courts have jurisdiction to determine whether seized property shall be confiscated as provided in section 1604: (a) The district court, if the property is seized within this state, other than in a city having a municipal court or in a village served b…

Sec. 1604. (1) The officer seizing the property shall file a verified complaint in the court having jurisdiction and venue over the seizure of the property pursuant to section 1603. The complaint shall set forth the kind of property seized, the time and place of the seizure, the …

Sec. 1605. The proceedings for the condemnation and confiscation of any property under this part are subject to review or certiorari as provided in this part. A writ of certiorari may be issued within 10 days after final judgment and determination in any condemnation proceeding f…

Sec. 1606. (1) The department and conservation officers appointed by the department are peace officers vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers by the general laws of this state; have the same power to serve criminal proce…

Sec. 1607. (1) The department may appoint persons to function as volunteer conservation officers. A volunteer conservation officer shall be appointed to assist a conservation officer in the performance of the conservation officer's duties. While a volunteer conservation officer i…

Sec. 1608. A person who knowingly or willfully obstructs, resists, or opposes the department, an officer appointed by the department, or any other peace officer in the performance of the duties and execution of the powers prescribed in this part or in any statute or law, in makin…

Sec. 1609. In all prosecutions for violation of the law for the protection of game and fish, the sentencing court shall assess, as costs, the sum of $10.00, to be known as the judgment fee. When collected, the judgment fee shall be paid into the state treasury to the credit of th…

Sec. 16101. As used in this part: (a) "Degradable" means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. (b) "Label" means a molded, imprinted, or raised symbol on or ne…

Sec. 16102. (1) All plastic products sold in this state shall be labeled with a code indicating the plastic resin used to produce the product. The code shall consist of a number placed within a triangle of arrows with letters placed below the triangle of arrows. The triangle shal…

Sec. 16103. Additional staff shall not be hired by the department for the purposes of enforcing this part.

Sec. 16104. (1) A person who violates this part is subject to a civil fine of $500.00 per violation. (2) A default in the payment of a civil fine ordered under this part may be remedied by any means authorized under the revised judicature act of 1961, Act No. 236 of the Public Ac…

Sec. 1615. The governor of this state may enter into a compact on behalf of this state with any of the other states of the United States legally joining in the compact in the form substantially as follows: ARTICLE I FINDINGS, DECLARATION OF POLICY, AND PURPOSE (a) The participati…

Sec. 1616. (1) The department shall enforce the compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact. (2) On behalf of this state, the department may do either of the following:…

Sec. 16301. As used in this part: (a) "Containers" means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. (b) "Degradable" means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component …

Sec. 16302. (1) A person shall not sell or offer for sale in this state containers connected to each other by a separate holding device that is constructed of plastic rings unless the device is degradable and bears a distinguishing symbol. (2) A manufacturer of container holding …

Sec. 16303. A person who violates this part is guilty of a misdemeanor punishable by a fine of $500.00 for each day this part is violated.

Sec. 16501. As used in this part: (a) "Accessible and available market" means that opportunities exist to sell wastepaper products that are collected pursuant to this part at rates and at locations that make it fiscally reasonable to collect that paper. (b) "Recycled paper" means…

Sec. 16502. (1) The department shall establish and implement a paper recycling system to recycle wastepaper products that are recyclable and for which there is an accessible and available market. The recycling system shall include the recyclable wastepaper products generated in t…

Sec. 16503. The proceeds of the paper recycling system shall be forwarded to the state treasurer and credited to the office services revolving fund created in section 269 of the management and budget act, Act No. 431 of the Public Acts of 1984, being section 18.1269 of the Michig…

Sec. 16701. As used in this part: (a) "Motor oil" means oil used as a lubricant in a motor vehicle. (b) "Oil" means petroleum based oil. (c) "Recycle" means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to u…

Sec. 16702. The department shall implement a plan to promote the recycling of motor oil by the public and private sectors. The department shall conduct a public education program to inform the public and private sectors of the need for, and benefit of, collecting and recycling us…

Sec. 16703. (1) The director of the department of management and budget shall formulate and implement a plan to recycle the motor oil used by the departments and agencies of this state. (2) The department shall conduct a demonstration used oil recycling project that does all of t…

Sec. 16704. (1) A person shall not dispose of or cause the disposal of used oil by dumping used oil onto the ground; discharging, dumping, or depositing used oil into sewers, drainage systems, surface waters, groundwaters, or other waters of this state; except as provided in subs…

Sec. 16705. In addition to the other powers and duties of the department under this part, by January 1, 1991, the department shall develop and submit to the legislature a comprehensive plan that does all of the following: (a) Provides for a network of private, state, and local co…

Sec. 16901. (1) As used in this part: (a) "Abandoned scrap tires" means an accumulation of scrap tires on property where the property owner is not responsible in whole or in part for the accumulation of the scrap tires. For the purposes of this subdivision, an owner who purchased…