Michigan Laws 324.11546 – Action for appropriate relief; penalties for violation or noncompliance; restoration; return; civil action
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.11546
- 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
- Municipality: means a city, village, or township. See Michigan Laws 324.301
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- state: 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
(1) The department or a local health officer may request that the attorney general bring an action in the name of the people of this state, or a municipality or county may bring an action based on facts arising within its boundaries, for any appropriate relief, including injunctive relief, for a violation of part 115.
(2) In addition to any other relief provided by this section, the court may impose on any person who violates part 115 a civil fine as follows:
(a) Except as provided in subdivision (b), not more than $10,000.00 for each day of violation.
(b) For a second or subsequent violation, not more than $25,000.00 for each day of violation.
(3) In addition to any other relief provided by this section, the court may order a person who violates part 115 to restore, or to pay to this state an amount equal to the cost of restoring, the natural resources of this state affected by the violation to their original condition before the violation, and to pay to this state the costs of surveillance and enforcement incurred by this state as a result of the violation.
(4) In addition to any other relief provided by this section, the court shall order a person who violates section 11526e to return, or to pay to this state an amount equal to the cost of returning, the solid waste that is the subject of the violation to the country in which that waste was generated.
(5) Part 115 does not preclude any person from commencing a civil action based on facts that may constitute a violation of part 115.