Michigan Compiled Laws
451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542)
Section 324.5535 - Suspension of Enforcement; Reasons; Variance.

Sec. 5535.
Notwithstanding any other provision of this part, the department may suspend the enforcement of the whole or any part of any rule as it applies to any person who shows that the enforcement of the rule would be inequitable or unreasonable as to that person, or the department may suspend the enforcement of the rule for any reason considered by it to be sufficient to show that the enforcement of the rule would be an unreasonable hardship upon the person. Upon any suspension of the whole or any part of the rule the department shall grant to the person a variance from that rule. The department shall not suspend enforcement or grant a variance under this section that would violate the clean air act.
History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA

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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-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 324.5502 - Issuance of Permit to Install or Operating Permit to Municipal Solid Waste Incinerator; Applicability of Subsection (1); Municipal Solid Waste Incinerator Existing Prior to June 15, 1993.

Section 324.5503 - Powers of Department.

Section 324.5504 - Medical Waste Incineration Facility; Operating Permit Required; Form and Contents of Application; Compliance; Validity and Renewal of Permit; Review of Operating Permits; Retrofitting Facility; Interim Operating Permit; Rules; Rece...

Section 324.5505 - Installation, Construction, Reconstruction, Relocation, Alteration, or Modification of Process or Process Equipment; Permit to Install or Operate Required; Rules; Trial Operation; Rules for Issuance of General Permit or Certain Exe...

Section 324.5506 - Operating Permit.

Section 324.5507 - Administratively Complete Action; Exemption From Information Requirements; “Compliance Plan” Defined.

Section 324.5508 - “Section 112” Defined; Source, Process, or Process Equipment Not Subject to Best Available Control Technology for Toxics Requirements or Health Based Screening Level Requirements.

Section 324.5509 - “Malfunction” Defined; Rules; Prohibition; Actions Taken by Department; Enforcement; Conditions for Applicability of Subsections (3) to (5).

Section 324.5510 - Denial or Revocation of Permit; Circumstances.

Section 324.5511 - List of Permit Applications; List of Consent Order Public Notices; Notice, Opportunity for Public Comment and Public Hearing Required for Certain Permit Actions.

Section 324.5512 - Rules.

Section 324.5513 - Car Ferries and Coal-Fueled Trains.

Section 324.5514 - Department of Environmental Quality; Prohibited Acts; "Wood Heater" Defined.

Section 324.5515 - Investigation; Voluntary Agreement; Order; Petition for Contested Case Hearing; Final Order or Determination; Review.

Section 324.5516 - Public Hearing; Information Available to the Public; Use of Confidential Information.

Section 324.5517 - Petition for Relief From Rule.

Section 324.5518 - Notice to Discontinue Pollution; Hearing; Suit Brought by Attorney General in Circuit Court; Effectiveness and Duration of Order; Notice to County Emergency Management Coordinator.

Section 324.5519, 324.5520 - Repealed. 1998, Act 245, Imd. Eff. July 8, 1998.

Section 324.5521 - Emissions Control Fund.

Section 324.5522 - Fee-Subject Facility; Air Quality Fees; Calculation of Emissions Charge and Facility Charge; Annual Report Detailing Activities of Previous Fiscal Year; Action by Attorney General for Collection of Fees; Applicability of Section; C...

Section 324.5523 - Issuance of Permits and Administration and Enforcement of Part, Rules, and State Implementation Plan; Delegation Granted by Department to Certain Counties.

Section 324.5524 - Fugitive Dust Sources or Emissions.

Section 324.5525 - Definitions.

Section 324.5526 - Investigation; Inspection; Furnishing Duplicate of Analytical Report; Powers of Department or Authorized Representative; Entry or Access to Records Refused; Powers of Attorney General; “Authorized Representative” Defined.

Section 324.5527 - Emergency; Definition; Affirmative Defense; Burden of Proof.

Section 324.5528 - Violation of Part, Rule, Terms of Permit, or Order; Agreement to Correct Violation; Consent Order; Public Notice and Opportunity for Public Comment; Providing Copy of Proposed Consent Order.

Section 324.5529 - Administrative Fine; Limitation; Petition for Review of Fine.

Section 324.5530 - Commencement of Civil Action by Attorney General; Relief; Costs; Jurisdiction; Defenses; Fines.

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 324.5539 - Variance; Revocation or Modification of Order; Public Hearing and Notice Required.

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.

Section 324.5542 - Effect on Existing Ordinances or Regulations; Local Enforcement; Cooperation With Local Governmental Units.