Michigan Laws > Chapter 13 > Act 1 of 2003 – Audits and Examinations
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Terms Used In Michigan Laws > Chapter 13 > Act 1 of 2003 - Audits and Examinations
- Abandoned property: means an aircraft; a watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of an aircraft or watercraft; the personal property of the officers, crew, and passengers of an aircraft or watercraft; and the cargo of an aircraft or watercraft, which have been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers. See Michigan Laws 324.76101
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Audit: means a post audit of financial transactions and accounts or performance audit as described in section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
- Auditor general: means the individual appointed auditor general under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101
- Bank or storage facility: means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or physical parts of human bodies. See Michigan Laws 333.10201
- Board: means the board of directors of the Michigan strategic fund, except where the context clearly requires a different definition. See Michigan Laws 125.2004
- Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101
- Cleanup criteria for unrestricted residential use: means any of the following:
(i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.20101Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law. Confidential information: means information that is subject to a legal duty to not disclose its contents. See Michigan Laws 13.101 Contract: A legal written agreement that becomes binding when signed. Decedent: A deceased person. Department: means the department of environmental quality. See Michigan Laws 324.31701 Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101 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 Director: means the director of the department or his or her designee. See Michigan Laws 324.31701 Donor: The person who makes a gift. Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Examination: means an inquiry, compilation, or review within the scope of the auditor general's authority under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101 Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Fund: means the Michigan strategic fund created under section 5, except where the context clearly requires a different definition. See Michigan Laws 125.2004 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101 Great Lakes bottomlands preserve: means an area located on the bottomlands of the Great Lakes and extending upward to and including the surface of the water, which is delineated and set aside by rule for special protection of abandoned property of historical value, or ecological, educational, geological, or scenic features or formations having recreational, educational, or scientific value. See Michigan Laws 324.76101 Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701 Groundwater dispute: means a groundwater dispute declared by order of the director or the director of the department of agriculture and rural development under section 31703. See Michigan Laws 324.31701 Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701 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. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC local unit: means a municipality or county. See Michigan Laws 324.301 MESBIC: means a small business investment company licensed under section 301(d) of the small business investment act of 1958, 15 U. See Michigan Laws 125.2061 Minority: means a person who is black, hispanic, oriental, eskimo, or an American Indian. See Michigan Laws 125.2061 Minority owned business: means a business which is at least 50% owned, controlled, and managed by minorities. See Michigan Laws 125.2061 Minority venture capital company: means a business which makes investments solely in minority owned businesses. See Michigan Laws 125.2061 NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101 Next of kin: means the spouse of a deceased individual or a person related to a deceased individual within the third degree of consanguinity as determined by the civil law method. See Michigan Laws 333.10201 No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101 Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Owner: means a person who owns a facility. See Michigan Laws 324.20101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Permitted release: means 1 or more of the following:
(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101Person: means an individual, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, profit or nonprofit corporation including a public or private college or university, public utility, municipality, local industrial development corporation, economic development corporation, other association of persons organized for agricultural, commercial, or industrial purposes, a lender, or any other entity approved by the board. See Michigan Laws 125.2004 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101 Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101 Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101 Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101 Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101 Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101 Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101 Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701 Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101 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 Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. this part: includes "rules promulgated under this part". See Michigan Laws 324.20101 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101