Sec. 20113.
(1) Money required to implement the programs described under this part and to pay for response activities recommended under this part shall be appropriated from the fund and any other source the legislature considers necessary to implement the requirements of this part.
(2) The department shall annually submit to the governor a request for appropriation from the fund. The request will include a lump sum amount for the purposes of subsection (3)(e). For the purposes set forth in subsection (3)(a), (b), (c), and (d), the request shall include a list of facilities where the department is proposing to expend funds. The list shall include the following information for each facility: the common name of the facility, the response activities that are planned to be conducted, and the estimated amount of money that is needed to conduct the response activities. The legislature shall approve by law the list of facilities to be addressed and shall provide a lump sum appropriation for these sites based on the total estimated amount needed for the approved facilities.
(3) Money from the fund may be used, upon appropriation, for the following as determined by the department:
(a) Superfund match, which includes funding for any response activity that is required to match federal dollars at a superfund site as required under the comprehensive environmental response, compensation, and liability act, 42 USC 9601 to 9675.
(b) Response activities to address actual or potential public health or environmental problems.
(c) Completion of response activities initiated by the state using environmental protection bond funds or completion of response activities at facilities initiated by a person who was liable under this part prior to 1995 PA 71 but is not liable under section 20126 of this part, where such response activities have ceased.
(d) Response activities at facilities that will facilitate redevelopment.
(e) Emergency response actions for facilities to be determined by the department.
(4) Money in the fund shall be expended first for the purposes described in subsection (3)(a) and (e) and health or environmental problems under subsection (3)(b) that are related to acute health or environmental problems. Following these expenditures, not less than 50% of the remaining money expended under this section shall be expended for response activities that facilitate redevelopment of urbanized areas. All additional expenditures under this section shall be expended following the expenditures described in this subsection. As used in this subsection, "urbanized area" means an urbanized area as determined by the economics and statistics administration, United States bureau of census, according to the 2000 census.
(5) Not later than April 1 of each year, the department shall provide to the governor, the senate and house of representatives standing committees with jurisdiction over issues pertaining to natural resources and the environment, and the senate and house of representatives appropriations committees a list of all projects financed under this part through the preceding fiscal year. The list shall include the project site and location, the nature of the project, the total amount of money authorized, the total amount of money expended, and project status.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 1996, Act 380, Imd. Eff. July 24, 1996 ;-- Am. 1996, Act 383, Imd. Eff. July 24, 1996 ;-- Am. 2010, Act 234, Imd. Eff. Dec. 14, 2010 Popular Name: Act 451Popular Name: Environmental RemediationPopular Name: Environmental Response ActPopular Name: NREPA
Structure 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 324.20101c - Property With Deposit of Stamp Sands; Regulation.
Section 324.20102 - Legislative Finding and Declaration.
Section 324.20103 - Federal Assistance.
Section 324.20105 - Repealed. 2010, Act 228, Imd. Eff. Dec. 14, 2010.
Section 324.20106 - Level of Funding; Recommendation of Governor.
Section 324.20107 - Tearing Down, Removing, or Destroying Sign or Notice as Misdemeanor; Penalty.
Section 324.20108b - Revitalization Revolving Loan Program.
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 324.20112b - Repealed. 2018, Act 237, Eff. Sept. 25, 2018.
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 324.20115b - Release From Disposal Area; Corrective Actions; Exception.
Section 324.20118 - Response Activity; Remedial Action; Purposes; Selection or Approval; Conditions.
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 324.20120e - 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 324.20127 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
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 324.20134 - Consent Order; Settlement.
Section 324.20134a - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
Section 324.20135a - Access to Property; Action by Court.
Section 324.20136 - Repealed. 1995, Act 71, Imd. Eff. June 5, 1995.
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.