Michigan Compiled Laws
451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)
Section 324.21323k - Access to Property.

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 of the county in which the property is located seeking access to the property in order to conduct corrective action. If the court grants access to property under this section, the court may do any of the following:
(a) Provide compensation to the person that owns or operates the property for damages related to the granting of access to the property, including compensation for loss of use of the property.
(b) Enjoin interference with the corrective action.
(c) Grant any other appropriate relief as determined by the court.
(2) If a court grants access to property under this section, the person that owns or operates the property to which access is granted is not liable for either of the following:
(a) A release caused by the corrective action for which access is granted unless the person is otherwise liable under section 21323a.
(b) For conditions associated with the corrective action that may present a threat to public health or safety.
History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 Popular Name: Act 451Popular Name: NREPA

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Section 324.21301 - Repealed. 1995, Act 22, Imd.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.