Michigan Laws 324.21326 – Furnishing information to department; right of entry; inspections and investigations; powers of attorney general
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.21326
- Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302
- Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302
- 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
- Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302
- 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.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303
- Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303
(1) Upon request of the department for the purpose of conducting an investigation, taking corrective action, or enforcing this part, a person shall furnish the department with all available information about all of the following:
(a) The underground storage tank system and its associated equipment.
(b) The past or present contents of the underground storage tank system.
(c) Any releases and investigations of releases.
(2) The department has the right to enter at all reasonable times in or upon any private or public property for any of the following purposes:
(a) Inspecting an underground storage tank system.
(b) Obtaining samples of any substance from an underground storage tank system.
(c) Requiring and supervising the conduct of monitoring or testing of an underground storage tank system, its associated equipment, or contents.
(d) Conducting monitoring or testing of an underground storage tank system in cases where there is no identified responsible party.
(e) Conducting monitoring or testing, or taking samples of soils, air, surface water, or groundwater.
(f) Taking corrective action.
(g) Inspecting and copying any records related to an underground storage tank system.
(3) All inspections and investigations undertaken by the department under this section shall be commenced and completed with reasonable promptness.
(4) The attorney general, on behalf of the department, may do either of the following:
(a) Petition a court of appropriate jurisdiction for a warrant to authorize access to any private or public property to implement this part.
(b) Commence a civil action pursuant to section 21323 for an order authorizing the department to enter any private or public property as necessary to implement this part.