Michigan Laws 324.21519a – Legacy release program; establishment; administration; reimbursement; conditions; request for reimbursement; form; approval by authority; “eligible person” defined
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 324.21519a
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502
- Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502
- Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502
- Department: means the department of environmental quality. See Michigan Laws 324.21502
- Eligible person: means an owner or operator who meets the eligibility requirements under this part to submit a claim. See Michigan Laws 324.21502
- Indemnification: means indemnification of an owner or operator for a legally enforceable judgment entered against the owner or operator by a third party, or a legally enforceable settlement entered between the owner or operator and a third party, compensating that third party for bodily injury or property damage, or both, caused by an accidental release as those terms are defined in R 29. See Michigan Laws 324.21502
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Legacy: A gift of property made by will.
- Location: means a parcel of property where refined petroleum underground storage tank systems are registered pursuant to part 211. See Michigan Laws 324.21502
- Operator: means that term as it is defined in section 21303 or a person to whom an approved claim has been assigned or transferred. See Michigan Laws 324.21502
- Owner: means that term as it is defined in section 21303. See Michigan Laws 324.21502
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.21503
- Refined petroleum: means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these. See Michigan Laws 324.21503
- Refined petroleum underground storage tank: means an underground storage tank system used for the storage of refined petroleum. See Michigan Laws 324.21503
- Release: means that term as it is defined in section 21303. See Michigan Laws 324.21503
- Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503
- Work invoice: means a list of goods or services for costs of corrective action related to a claim, including a statement of the amount due. See Michigan Laws 324.21503
(1) The department shall establish and the authority shall administer a legacy release program as provided in this section to reimburse eligible persons for costs of corrective actions for certain historic releases from refined petroleum underground storage tank systems. An eligible person may be reimbursed for corrective action costs incurred if the eligible person demonstrates all of the following:
(a) The release from which the corrective action or indemnification arose was discovered and reported prior to December 30, 2014.
(b) The release upon which the request for reimbursement is based has not been closed pursuant to part 213 prior to December 30, 2014.
(c) Any refined petroleum underground storage tank systems that are operating at the location from which the release occurred are currently in compliance with the registration requirements of part 211.
(d) The request for reimbursement does not include reimbursement for money that was reimbursed from any other source, including insurance policies.
(e) A claim submitted to the legacy release program shall not be approved by the authority for any of the prohibitions listed under section 21510c.
(f) The request for reimbursement is for corrective action performed on or after December 30, 2014.
(2) An eligible person that seeks to be reimbursed under the legacy release program established under this section shall submit to the authority a request for reimbursement on a form provided by the authority containing the documentation required by the authority.
(3) The authority shall approve a request for reimbursement under this section only as follows:
(a) The amount approved for reimbursement shall be 50% of the aggregate indemnification and corrective action costs incurred, but not more than 50% of the reasonable and necessary eligible costs as determined by the administrator pursuant to section 21515(2) to (10).
(b) The total amount approved for reimbursement shall not exceed a total of $50,000.00 for all releases from refined petroleum underground storage tank systems at a single location.
(c) An owner or operator may request a review of a denied claim or work invoice per section 21521.
(4) As used in this section, “eligible person” means the owner or operator of a refined petroleum underground storage tank system at the time of the reporting of the release.