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Michigan Statutes, Title 324

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Michigan/Statutes

← All Michigan coverage

Title 324, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

30 chapters · 3,111 sections in this title.

All chapters in Title 3243,111 Ch 451-of-1994, NATURAL RESOURCES AND ENVIRONMENTAL …3,057 Ch 284-of-1998, CLEAN MICHIGAN INITIATIVE ACT8 Ch 396-of-2002, GREAT LAKES WATER QUALITY BOND AUTHO…8 Ch 10-of-2013, MARINA DREDGING LOAN ORIGINATION ACT5 Ch 318-of-2008, REMOVAL, CAPTURE, OR LETHAL CONTROL …4 Ch 43-of-2024, DISPOSABLE WIPES LABELING REQUIREMENTS3 Ch 290-of-2008, CONTROL OF GRAY WOLVES3 Ch E.R.O. No. 1995-6, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 1995-8, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 1997-3, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 2007-3, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 2007-4, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 2007-5, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 2007-6, EXECUTIVE REORGANIZATION ORDER1

3,111 sections·Filtered byTitle 324✕

Mich. Comp. Laws § 324.2126 Payment of charges by individual applying for easement; application fee.
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Sec. 2126. Before the department grants an easement under this subpart, the individual applying for the easement shall pay charges as required by the department. The charges shall be the same as those charges required for the granting of an easement under subpart 9. However, the …
Mich. Comp. Laws § 324.2127 Disposition of revenues.
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Sec. 2127. The revenues received from the charges levied under section 2126, less amounts necessary to pay the expenses of administering this subpart, shall be credited to the state fund from which the revenue is appropriated for the payment in lieu of taxes on the land crossed.
Mich. Comp. Laws § 324.2128 Termination of easement; hearing.
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Sec. 2128. (1) If the land to which an easement is granted by the department pursuant to this subpart or former Act No. 421 of the Public Acts of 1982 is subsequently subdivided, as this term is defined by section 102 of the subdivision control act, Act No. 288 of the Public Acts…
Mich. Comp. Laws § 324.2129 Easements for public utilities over state lands; disposition of revenue.
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Sec. 2129. The department may grant easements, upon terms and conditions the department determines just and reasonable, for state and county roads and for the purpose of constructing, erecting, laying, maintaining, and operating pipelines, electric lines, telecommunication system…

Mich. Comp. Laws § 324.2130 Definitions.

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Sec. 2130. As used in this subpart: (a) "Board" means the Michigan natural resources trust fund board established in section 1905. (b) "Fund", unless the context implies otherwise, means the land exchange facilitation and management fund created in section 2134. (c) "Land" includ…

Mich. Comp. Laws § 324.21301a Purpose and applicability of part.

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Sec. 21301a. (1) This part is intended to provide remedies using a process and procedures separate and distinct from the process, procedures, and criteria established under part 201 for sites posing a threat to the public health, safety, or welfare, or to the environment, as a re…

Mich. Comp. Laws § 324.21301b Actions governed by provisions in part; changes in corrective action; corrective actions by nonliable parties.

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Sec. 21301b. (1) Notwithstanding any other provision of this part, the following actions shall be governed by the provisions of this part that were in effect on May 1, 1995: (a) Any judicial action or claim in bankruptcy that was initiated by any person on or before May 1, 1995. …

Mich. Comp. Laws § 324.21302 Definitions; A to M.

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Sec. 21302. As used in this part: (a) "Air" means ambient or indoor air at the point of exposure. (b) "All appropriate inquiry" means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing co…

Mich. Comp. Laws § 324.21303 Definitions; N to V.

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Sec. 21303. As used in this part: (a) "NAPL" means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. NAPL includes both DNAPL and LNAPL. (b) "Operator" means a person who is p…

Mich. Comp. Laws § 324.21304 Liability of owner or operator not limited or removed; owner or operator as or employing consultant.

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Sec. 21304. (1) Actions taken by a consultant pursuant to this part do not limit or remove the liability of an owner or operator that is liable under section 21323a except as specifically provided for in this part. (2) Notwithstanding any other provision in this part, if an owner…

Mich. Comp. Laws § 324.21304a Corrective action activities; conduct; manner; use of tier I risk-based screening levels for regulated substances; carcinogenic risk from regulated substance; applicable RBSL or SSTL for groundwater differing from certain standards; corrective action by owner or operator of underground storage tank.

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Sec. 21304a. (1) Corrective action activities undertaken pursuant to this part shall be conducted in accordance with the process outlined in RBCA in a manner that is protective of the public health, safety, and welfare, and the environment. Corrective action activities that invol…

Mich. Comp. Laws § 324.21304b Removal or relocation of soil.

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Sec. 21304b. (1) A person shall not remove soil, or allow soil to be removed, from a site to an off-site location unless that person determines that the soil can be lawfully relocated without posing a threat to the public health, safety, or welfare, or the environment. The determ…

Mich. Comp. Laws § 324.21304c Duty of owner or operator of property; basis; liability for corrective action activity costs and natural resource damages; applicability of subsection (1)(a) to (f).

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Sec. 21304c. (1) A person that owns or operates property that the person has knowledge is contaminated shall do all of the following with respect to regulated substances at the property: (a) Undertake measures as are necessary to prevent exacerbation. (b) Exercise due care by und…

Mich. Comp. Laws § 324.21304d Transfer of interest in real property in which notice required; certification of completed corrective action activity; disclosure.

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Sec. 21304d. (1) If a person owns a parcel of real property and has knowledge or information or is on notice through a recorded instrument that the real property is a site, the person shall not transfer an interest in that real property unless the person provides written notice t…

Mich. Comp. Laws § 324.21307 Report of release; initial response actions; duties of owner or operator liable under MCL 324.21323a.

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Sec. 21307. (1) Upon confirmation of a release from an underground storage tank system, the owner or operator that is liable under section 21323a shall report the release to the department within 24 hours after discovery. The department may investigate the release. However, an in…

Mich. Comp. Laws § 324.21307a Site closure report; activities requiring notification by owner or operator to department.

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Sec. 21307a. (1) Following initiation of initial actions under section 21307, the owner or operator that is liable under section 21323a shall complete the requirements of this part and submit related reports or executive summaries detailed in this part to address the contaminatio…

Mich. Comp. Laws § 324.21308a Initial assessment report; discovery of migrating or mobile NAPL; additional information; supporting documentation upon request.

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Sec. 21308a. (1) Within 180 days after a release has been discovered, the owner or operator that is liable under section 21323a shall complete an initial assessment report and submit the report to the department on a form created pursuant to section 21316. The report shall includ…

Mich. Comp. Laws § 324.21309a Corrective action plan.

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Sec. 21309a. (1) If initial actions under section 21307 have not resulted in completion of corrective action, an owner or operator that is liable under section 21323a shall prepare a corrective action plan to address contamination at the site. Corrective action plans submitted as…

Mich. Comp. Laws § 324.2131 Designation and sale of surplus land; restrictions.

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Sec. 2131. (1) Subject to subsection (2), the department may designate as surplus land any state-owned land that is under the control of the department and may, on behalf of this state, sell that land if the sale is not otherwise prohibited by law and the department has considere…

Mich. Comp. Laws § 324.21310a Notice of corrective action; institutional controls; restrictive covenants; alternative mechanisms; notice of land use restrictions.

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Sec. 21310a. (1) If the corrective action activities at a site result in a final remedy that relies on a nonresidential RBSL or an SSTL, institutional controls shall be implemented as provided in this subsection. A notice of corrective action shall be recorded with the register o…

Mich. Comp. Laws § 324.21311a Final assessment report; information; providing supporting documentation upon request.

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Sec. 21311a. (1) Within 365 days after a release has been discovered, an owner or operator that is liable under section 21323a shall complete a final assessment report that includes a corrective action plan developed under section 21309a and submit the report to the department on…

Mich. Comp. Laws § 324.21312a Closure report; information; confirmation of receipt by department; additional information.

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Sec. 21312a. (1) Upon completion of the corrective action, the owner or operator that is liable under section 21323a shall complete a closure report and submit the report to the department on a form created pursuant to section 21316. The report shall include the following informa…

Mich. Comp. Laws § 324.21313a Failure to provide required submittal; penalty; computing period of time; extension of reporting deadline; contract provision for payment of fines; disposition of money collected; accrual of penalty.

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Sec. 21313a. (1) Beginning on May 1, 2012, except as provided in subsection (6), and except for the confirmation provided in section 21312a(2), if a required submittal under section 21308a, 21311a, or 21312a(1) is not provided during the time required, the department may impose a…

Mich. Comp. Laws § 324.21314a Classification of sites; corrective action; schedule.

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Sec. 21314a. Sites shall be classified consistent with the process outlined in RBCA. If the department determines that no imminent risk to the public health, safety, or welfare or the environment exists at a site, the department may allow corrective action at these sites to be co…

Mich. Comp. Laws § 324.21315 Audit; final assessment report or closure report.

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Sec. 21315. (1) The department shall design and implement a program to selectively audit final assessment reports and closure reports submitted under this part. Upon receipt of a final assessment report or closure report, the department shall have 90 days to determine whether it …

Mich. Comp. Laws § 324.21316 Use of forms.

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Sec. 21316. The department may create and require the use of forms containing information specifically required under this part to assist in the reporting requirements provided in this part.

Mich. Comp. Laws § 324.21316a Delivery of regulated substance to underground storage tank as misdemeanor; penalty; notice of violation; placard; tampering with placard as misdemeanor; commencement of criminal actions.

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Sec. 21316a. (1) A person shall not knowingly deliver a regulated substance to an underground storage tank system that has had a placard affixed to it under subsection (2). A person that knowingly delivers a regulated substance to an underground storage tank system that has had a…

Mich. Comp. Laws § 324.21319a Administrative order.

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Sec. 21319a. (1) In accordance with this section, if the department determines that there may be an imminent risk to the public health, safety, or welfare, or the environment, because of a release or threatened release, the department may require an owner or operator that is liab…

Mich. Comp. Laws § 324.2132 Sale of surplus land; price; methods; sale to highest bidder; condition to acceptance of bid; application for negotiated sale; application fee; notice; disposition of proceeds; quitclaim deed; consideration of application; local preference.

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Sec. 2132. (1) Subject to subsection (2), the department may sell surplus land at a price established using the method that the department determines to be most appropriate, such as any of the following: (a) Appraisal, subject to section 2132a. (b) Appraisal consulting. (c) A sch…

Mich. Comp. Laws § 324.21320 Corrective actions by department.

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Sec. 21320. If the department learns of a suspected or confirmed release from an underground storage tank system, the department may undertake corrective actions necessary to protect the public health, safety, or welfare or the environment at sites where persons that are liable a…

Mich. Comp. Laws § 324.21323 Commencement of civil action by attorney general; return or retention of federal funds.

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Sec. 21323. (1) The attorney general may, on behalf of the department, commence a civil action seeking any of the following: (a) A temporary or permanent injunction. (b) Recovery of all costs incurred by the state for taking corrective action. (c) Damages for the full injury done…

Mich. Comp. Laws § 324.21323a Liability under part; burden of proof; compliance.

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Sec. 21323a. (1) Notwithstanding any other provision of this act, and except as otherwise provided in this section and section 21323c, the following persons are liable under this part: (a) The owner or operator if the owner or operator is responsible for an activity causing a rel…

Mich. Comp. Laws § 324.21323b Joint and several liability; recovery of costs.

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Sec. 21323b. (1) Except as provided in section 21323a(2), a person that is liable under section 21323a is jointly and severally liable for all of the following: (a) All costs of corrective action lawfully incurred by the state relating to the selection and implementation of corre…

Mich. Comp. Laws § 324.21323c Liability of corrective action contractor; "corrective action contract" and "corrective action contractor" defined; liability if act or failure to act consistent with national contingency plan or directed by federal on-scene coordinator or director; damages; definitions; burden of proof.

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Sec. 21323c. (1) Except as otherwise provided in this section, a person that is a corrective action contractor for any release or threatened release is not liable to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for i…

Mich. Comp. Laws § 324.21323d Basis for division of harm; action for contribution; reallocation of uncollectible amount; effect of consent order.

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Sec. 21323d. (1) If 2 or more persons acting independently are liable under section 21323a and there is a reasonable basis for division of harm according to the contribution of each person, each person is subject to liability under this part only for the portion of the total harm…

Mich. Comp. Laws § 324.21323e Effect of indemnification, hold harmless, or similar agreement or conveyance.

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Sec. 21323e. (1) An indemnification, hold harmless, or similar agreement or conveyance is not effective to transfer from a person that is liable under section 21323a to the state for evaluation or corrective action costs or damages for a release or threat of release to any other …

Mich. Comp. Laws § 324.21323f Costs and damages; limitation.

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Sec. 21323f. (1) Except as provided in subsection (2), the liability under this part for each release or threat of release shall not exceed the total of all the costs of corrective action and fines, plus $50,000,000.00 damages for injury to, destruction of, or loss of natural res…

Mich. Comp. Laws § 324.21323g Covenant not to sue; conditions; effect; factors; covenant not to sue concerning future liability; exception; provisions providing for future enforcement action.

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Sec. 21323g. (1) The state may provide a person with a covenant not to sue concerning any liability to the state under this part, including future liability, resulting from a release or threatened release addressed by corrective action, whether that action is on or off the proper…

Mich. Comp. Laws § 324.21323h Proposal to redevelop or reuse contaminated property; covenant not to sue; conditions; assertion of claims; irrevocable right of entry to department, its contractors, or other persons performing corrective action.

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Sec. 21323h. (1) The state may provide a person that proposes to redevelop or reuse property contaminated by a release from an underground storage tank system, including a vacant manufacturing or abandoned industrial site, with a covenant not to sue concerning liability under sec…

Mich. Comp. Laws § 324.21323i Consent order; final settlement.

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Sec. 21323i. (1) The department and the attorney general may enter into a consent order with a person that is liable under section 21323a or any group of persons that are liable under section 21323a to perform corrective action if the department and the attorney general determine…

Mich. Comp. Laws § 324.21323j Civil action.

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Sec. 21323j. (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely affected by a release from an underground storage tank system or threat of rel…

Mich. Comp. Laws § 324.21323k Access to property.

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Sec. 21323k. (1) A person that is liable under section 21323a or a lender that has a security interest in all or a portion of a property on which contamination from a release of regulated substances from an underground storage tank system may file a petition in the circuit court …

Mich. Comp. Laws § 324.21323l Limitation period for filing actions.

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Sec. 21323l. The limitation period for filing actions under this part is as follows: (a) For the recovery of corrective action costs and natural resources damages pursuant to section 21323b(1)(a), (b), or (c), within 6 years of initiation of physical on-site construction activiti…

Mich. Comp. Laws § 324.21323m Persons exempt from liability.

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Sec. 21323m. (1) Except as provided in section 21323b(5), a person that has complied with the requirements of this part or is exempt from liability under this part is not subject to a claim in law or equity for performance of corrective action under part 17, part 31, or common la…

Mich. Comp. Laws § 324.21323n Documentation of due care.

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Sec. 21323n. (1) A person may submit to the department documentation of due care compliance regarding a site. The documentation of due care compliance shall be submitted on a form provided by the department and shall contain documentation of compliance with section 21304c prepare…

Mich. Comp. Laws § 324.21324 Submission of false, misleading, or fraudulent information as felony; penalty; civil fine; retroactive application; “fraudulent” and “fraudulent practice” defined; investigation and commencement of action by attorney general or county prosecutor; subpoena; enforcement; order granting immunity; failure to comply with subpoena; prosecution under other laws not precluded; apportionment of fines.

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Sec. 21324. (1) Beginning April 25, 1994, a person who makes or submits or causes to be made or submitted either directly or indirectly a statement, report, confirmation, certification, proposal, or other information under this part knowing that the statement, report, confirmatio…

Mich. Comp. Laws § 324.21325 Qualified underground tank consultant; requirements.

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Sec. 21325. A person shall be considered a qualified underground storage tank consultant if the person meets all of the following requirements: (a) Has experience in all phases of underground storage tank work, including RBCA, tank removal oversight, site assessment, soil removal…

Mich. Comp. Laws § 324.21325a Department employees responsible for oversight; training; proficiency.

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Sec. 21325a. Department employees who are responsible for the oversight of corrective action or the audits conducted under section 21315 shall be formally trained and demonstrate proficiency in RBCA.

Mich. Comp. Laws § 324.21326 Furnishing information to department; right of entry; inspections and investigations; powers of attorney general.

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Sec. 21326. (1) Upon request of the department for the purpose of conducting an investigation, taking corrective action, or enforcing this part, a person shall furnish the department with all available information about all of the following: (a) The underground storage tank syste…

Mich. Comp. Laws § 324.21327 Rules; prohibition.

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Sec. 21327. (1) Beginning on the effective date of the 2012 amendatory act that amended this section, the department shall not promulgate rules to implement this part. (2) A guideline, bulletin, interpretive statement, operational memorandum, or form with instructions published u…