Michigan Compiled Laws
451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)
Section 324.21326 - Furnishing Information to Department; Right of Entry; Inspections and Investigations; Powers of Attorney General.

Sec. 21326.
(1) Upon request of the department for the purpose of conducting an investigation, taking corrective action, or enforcing this part, a person shall furnish the department with all available information about all of the following:
(a) The underground storage tank system and its associated equipment.
(b) The past or present contents of the underground storage tank system.
(c) Any releases and investigations of releases.
(2) The department has the right to enter at all reasonable times in or upon any private or public property for any of the following purposes:
(a) Inspecting an underground storage tank system.
(b) Obtaining samples of any substance from an underground storage tank system.
(c) Requiring and supervising the conduct of monitoring or testing of an underground storage tank system, its associated equipment, or contents.
(d) Conducting monitoring or testing of an underground storage tank system in cases where there is no identified responsible party.
(e) Conducting monitoring or testing, or taking samples of soils, air, surface water, or groundwater.
(f) Taking corrective action.
(g) Inspecting and copying any records related to an underground storage tank system.
(3) All inspections and investigations undertaken by the department under this section shall be commenced and completed with reasonable promptness.
(4) The attorney general, on behalf of the department, may do either of the following:
(a) Petition a court of appropriate jurisdiction for a warrant to authorize access to any private or public property to implement this part.
(b) Commence a civil action pursuant to section 21323 for an order authorizing the department to enter any private or public property as necessary to implement this part.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 113, 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.