Sec. 5528.
(1) If the department believes that a violation of this part or a rule promulgated under this part exists, or a violation of the terms of a permit issued under this part exists, the department shall provide the person responsible for the alleged violation with the opportunity to enter into an agreement with the department to correct the alleged violation. The agreement may provide for monetary or other relief as agreed upon by the parties. The agreement shall be in the form of a consent order and shall provide for compliance with this part and rules promulgated under this part and compliance with any applicable permit issued under this part. In addition, each consent order shall contain a compliance schedule that provides for reasonable progress toward full compliance by a designated date.
(2) If the department believes that a violation of an order issued under this part exists, the department may provide the person responsible for the alleged violation with the opportunity to enter into an agreement with the department to correct the alleged violation. The agreement may provide for monetary or other relief as agreed upon by the parties. The agreement shall be in the form of a consent order and shall provide for compliance with this part and rules promulgated under this part and compliance with any applicable permit or order issued under this part. In addition, each consent order shall contain a compliance schedule that provides for reasonable progress toward full compliance by a designated date.
(3) The department shall provide public notice and an opportunity for public comment on the terms and conditions of a consent order. Upon the request of any person the department shall provide a copy of the proposed consent order.
History: 1994, Act 451, Eff. Mar. 30, 1995 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-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)
451-1994-II-1-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539)
451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)
Section 324.5501 - Definitions.
Section 324.5503 - Powers of Department.
Section 324.5506 - Operating Permit.
Section 324.5510 - Denial or Revocation of Permit; Circumstances.
Section 324.5513 - Car Ferries and Coal-Fueled Trains.
Section 324.5514 - Department of Environmental Quality; Prohibited Acts; "Wood Heater" Defined.
Section 324.5517 - Petition for Relief From Rule.
Section 324.5519, 324.5520 - Repealed. 1998, Act 245, Imd. Eff. July 8, 1998.
Section 324.5521 - Emissions Control Fund.
Section 324.5524 - Fugitive Dust Sources or Emissions.
Section 324.5525 - Definitions.
Section 324.5527 - Emergency; Definition; Affirmative Defense; Burden of Proof.
Section 324.5529 - Administrative Fine; Limitation; Petition for Review of Fine.
Section 324.5531 - Violations as Misdemeanors; Violations as Felonies; Fines; Defenses; Definitions.
Section 324.5532 - Civil or Criminal Fines; Factors to Be Considered in Determining Amount.
Section 324.5533 - Award; Eligibility; Rules.
Section 324.5534 - Repealed. 1999, Act 231, Imd. Eff. Dec. 28, 1999.
Section 324.5535 - Suspension of Enforcement; Reasons; Variance.
Section 324.5536 - Variance; Considerations Effecting.
Section 324.5537 - Variance; Granting for Undue Hardship.
Section 324.5538 - Variance; Period Granted; Report; Conditions.
Section 324.5540 - Purpose of Part; Alteration of Existing Rights of Actions or Remedies.
Section 324.5541 - Construction of Part; Evidentiary Effect of Determination by Commission.