Michigan Compiled Laws
451-1994-II-7-201 - Part 201 Environmental Remediation (324.20101...324.20142)
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 o...

Sec. 20104.
(1) The department shall coordinate all activities required under this part and may promulgate rules necessary to implement this part.
(2) A guideline, bulletin, interpretive statement, or operational memorandum under this part shall not be given the force and effect of law. A guideline, bulletin, interpretive statement, or operational memorandum under this part is not legally binding on any person.
(3) Claims for natural resource damages may be pursued only in accordance with principles of scientific and economic validity and reliability. Contingent nonuse valuation methods or similar nonuse valuation methods shall not be utilized and damages shall not be recovered for nonuse values unless and until rules are promulgated that establish an appropriate means of determining such damages.
(4) A contingent nonuse valuation method or similar nonuse valuation method shall not be utilized for natural resource damage calculations unless a determination is made by the department that such a method satisfies principles of scientific and economic validity and reliability and rules for utilizing a contingent nonuse valuation method or a similar nonuse valuation method are subsequently promulgated.
(5) The provisions in this section related to natural resource damages as added by 1995 PA 71 do not apply to any judicial or administrative action or claim in bankruptcy initiated on or before March 1, 1995.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2010, Act 229, Imd. Eff. Dec. 14, 2010 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPAAdmin Rule: R 299.5101 et seq. and R 299.51001 et seq. of the Michigan Administrative Code.

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article II - Pollution Control (324.3101...324.21563)

451-1994-II-7 - Chapter 7 Remediation (324.20101...324.20519)

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 o...

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 Su...

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...

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 Ce...

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 Zoni...

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 In...

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...

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; Resolutio...

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...

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; Rul...

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.