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
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Section 324.21301 - Repealed. 1995, Act 22, Imd.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 324.21302 - Definitions; a to M.
Section 324.21303 - Definitions; N to V.
Section 324.21304b - Removal or Relocation of Soil.
Section 324.21305 - Repealed. 1995, Act 22, Imd.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Section 324.21306 - Repealed. 1996, Act 116, Imd.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Section 324.21308 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21309 - Repealed. 1995, Act 22, Imd.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Section 324.21310 - Repealed. 1995, Act 22, Imd.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Section 324.21311 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21312 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21313 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
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 324.21317-324.21319 - 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 324.21323a - Liability Under Part; Burden of Proof; Compliance.
Section 324.21323b - Joint and Several Liability; Recovery of Costs.
Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.
Section 324.21323f - Costs and Damages; Limitation.
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 324.21325 - Qualified Underground Tank Consultant; Requirements.
Section 324.21325a - Department Employees Responsible for Oversight; Training; Proficiency.
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.