Michigan Compiled Laws
451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)
Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.

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 person the liability imposed under this part. This section does not bar an agreement to insure, hold harmless, or indemnify a party to the agreement for liability under this part.
(2) This part does not bar a cause of action that a person subject to liability under this part, or a guarantor, has or would have by reason of subrogation or otherwise against any person.
History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA

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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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563)

451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)

Section 324.21301 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21301a - Purpose and Applicability of Part.

Section 324.21301b - Actions Governed by Provisions in Part; Changes in Corrective Action; Corrective Actions by Nonliable Parties.

Section 324.21302 - Definitions; a to M.

Section 324.21303 - Definitions; N to V.

Section 324.21304 - Liability of Owner or Operator Not Limited or Removed; Owner or Operator as or Employing Consultant.

Section 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 Standar...

Section 324.21304b - Removal or Relocation of Soil.

Section 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).

Section 324.21304d - Transfer of Interest in Real Property in Which Notice Required; Certification of Completed Corrective Action Activity; Disclosure.

Section 324.21305 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21306 - Repealed. 1996, Act 116, Imd. Eff. Mar. 6, 1996.

Section 324.21307 - Report of Release; Initial Response Actions; Duties of Owner or Operator Liable Under MCL 324.21323a.

Section 324.21307a - Site Closure Report; Activities Requiring Notification by Owner or Operator to Department.

Section 324.21308 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21308a - Initial Assessment Report; Discovery of Migrating or Mobile Napl; Additional Information; Supporting Documentation Upon Request.

Section 324.21309 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21309a - Corrective Action Plan.

Section 324.21310 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21310a - Notice of Corrective Action; Institutional Controls; Restrictive Covenants; Alternative Mechanisms; Notice of Land Use Restrictions.

Section 324.21311 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21311a - Final Assessment Report; Information; Providing Supporting Documentation Upon Request.

Section 324.21312 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21312a - Closure Report; Information; Confirmation of Receipt by Department; Additional Information.

Section 324.21313 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 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.

Section 324.21314 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21314a - Classification of Sites; Corrective Action; Schedule.

Section 324.21315 - Audit; Final Assessment Report or Closure Report.

Section 324.21316 - Use of Forms.

Section 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.

Section 324.21317-324.21319 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21319a - Administrative Order.

Section 324.21320 - Corrective Actions by Department.

Section 324.21321, 324.21322 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21323 - Commencement of Civil Action by Attorney General; Return or Retention of Federal Funds.

Section 324.21323a - Liability Under Part; Burden of Proof; Compliance.

Section 324.21323b - Joint and Several Liability; Recovery of Costs.

Section 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 Coor...

Section 324.21323d - Basis for Division of Harm; Action for Contribution; Reallocation of Uncollectible Amount; Effect of Consent Order.

Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.

Section 324.21323f - Costs and Damages; Limitation.

Section 324.21323g - Covenant Not to Sue; Conditions; Effect; Factors; Covenant Not to Sue Concerning Future Liability; Exception; Provisions Providing for Future Enforcement Action.

Section 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.

Section 324.21323i - Consent Order; Final Settlement.

Section 324.21323j - Civil Action.

Section 324.21323k - Access to Property.

Section 324.21323l - Limitation Period for Filing Actions.

Section 324.21323m - Persons Exempt From Liability.

Section 324.21323n - Documentation of Due Care.

Section 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 Co...

Section 324.21325 - Qualified Underground Tank Consultant; Requirements.

Section 324.21325a - Department Employees Responsible for Oversight; Training; Proficiency.

Section 324.21326 - Furnishing Information to Department; Right of Entry; Inspections and Investigations; Powers of Attorney General.

Section 324.21327 - Rules; Prohibition.

Section 324.21328 - Agreements.

Section 324.21329 - Coordination and Integration.

Section 324.21330 - Actions Taken by State Police.

Section 324.21331 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21332 - Contested Case Hearing; Petition; Hearing.

Section 324.21333 - Appeal of Final Agency Decision.

Section 324.21334 - Report to Legislative Committees.