Michigan Laws 324.5312 – Termination of assistance; determination; causes; notice; repayment of outstanding loan balance; requirements under state or federal law
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(1) The department may make a determination that assistance should be terminated and may issue an order recommending that the authority take appropriate action to terminate assistance.
(2) Cause for making a determination under subsection (1) includes, but is not limited to, 1 or more of the following:
Terms Used In Michigan Laws 324.5312
- Assistance: means 1 or more of the following activities to the extent authorized by the federal water pollution control act:
(i) Provision of loans to municipalities for construction of sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Fraud: Intentional deception resulting in injury to another. Fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301 Municipality: means a city, village, county, township, authority, or other public body, including either of the following:
(i) An intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5301Project: means a sewage treatment works project, stormwater management project, or nonpoint source project, or a combination of these and may include utilization of more efficient energy and resources as described in any of the following:
(i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5301state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) Substantial failure to comply with the terms and conditions of the agreement providing assistance.
(b) A legal finding or determination that the assistance was obtained by fraud.
(c) Practices in the administration of the project that are illegal or that may impair the successful completion or organization of the project.
(d) Misappropriation of assistance for uses other than those set forth in the agreement providing assistance.
(3) The department shall give written notice to the municipality by certified letter of the intent to issue an order recommending that assistance be terminated. This notification must be issued not less than 30 days before the department forwards the order recommending that the authority take appropriate action to terminate assistance.
(4) The termination of assistance by the authority shall not excuse or otherwise affect the municipality’s requirement for repayment of the outstanding loan balance to the fund.
(5) Termination of assistance under this section does not relieve the municipality of any requirements that may exist under state or federal law to construct the project.