Michigan Compiled Laws
451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)
Section 324.21323m - Persons Exempt From Liability.

Sec. 21323m.
(1) Except as provided in section 21323b(5), a person that has complied with the requirements of this part or is exempt from liability under this part is not subject to a claim in law or equity for performance of corrective action under part 17, part 31, or common law.
(2) A person who is exempt from liability under section 21323a is not liable for a claim for corrective action costs, fines or penalties, natural resources damages, or equitable relief under part 17, part 31, or common law resulting from the contamination existing on the site or migrating from the site on the earlier of the date of purchase, occupancy, foreclosure or transfer of ownership, or control of the site to the person. The liability protection afforded in this subsection does not extend to a violation of any permit issued under state law. This subsection does not alter a person's liability for violation of section 21304c.
(3) This section does not bar any of the following:
(a) Tort claims unrelated to performance of corrective action.
(b) Tort claims for damages which result from corrective action.
(c) Tort claims related to the exercise or failure to exercise responsibilities under section 21304c.
History: Add. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 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Section 324.21301 - Repealed. 1995, Act 22, Imd.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.