Terms Used In Michigan Laws 324.1407

  • Applicable state environmental requirement: means any of the following or a rule promulgated or permit, order, or other legally binding document issued under any of the following:
  (i) Article II or chapter 1 or 3 of article III. See Michigan Laws 324.1401
  • Clean corporate citizen: means a facility that has demonstrated environmental stewardship and a strong environmental ethic by meeting the criteria in this part. See Michigan Laws 324.1401
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of environmental quality. See Michigan Laws 324.1401
  • Facility: means any of the following that is situated in this state and is subject to an applicable state environmental requirement or applicable federal environmental requirement:
  •   (i) A source as defined in section 5501. See Michigan Laws 324.1401
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Supplemental environmental project: means an environmentally beneficial project that an alleged violator agrees to undertake in settlement of an enforcement action, but which the alleged violator is not otherwise legally required to undertake. See Michigan Laws 324.1403
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Violation notice: means a written notice or formal enforcement action by the department, the United States environmental protection agency, or the enforcing agency of a local unit of government in response to a violation of an applicable environmental requirement. See Michigan Laws 324.1403
  •   (1) To qualify for a clean corporate citizen designation, a facility shall not have been the subject of any of the following at any time within the preceding 3 years:
      (a) A conviction for a criminal violation of an applicable state environmental requirement.
      (b) An assessment by a court of appropriate jurisdiction, of a civil fine, penalty, or damages of $10,000.00 or more for violation of an applicable state environmental requirement.
      (c) A determination, by a court of appropriate jurisdiction, of responsibility for an illegal action that substantially endangered the public health, safety, or welfare or the environment.
      (d) A departmental assessment, a judicial consent decree, or an administrative consent order, imposing a fine or damages of $32,500.00 or more, excluding the cost of any supplemental environmental project used to offset a fine, for a violation of an applicable state environmental requirement.
      (2) A facility does not qualify for a clean corporate citizen designation if the department determines that the facility was responsible for a pattern of illegal actions, at any time within the preceding 3 years, that endangered the public health, safety, or welfare or the environment.
      (3) To qualify for a clean corporate citizen designation, a facility shall address any outstanding violation that is cited in a violation notice that, as determined by the department, substantially endangers the public health, safety, or welfare or the environment, by doing 1 or more of the following:
      (a) Promptly resolving the violation.
      (b) Demonstrating to the department, the United States environmental protection agency, or the local enforcing agency that issued the violation notice that the violation did not occur.
      (c) Adhering to a compliance schedule that is acceptable to the department, the United States environmental protection agency, or the local enforcing agency that issued the violation notice, to correct the violation.