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Terms Used In Michigan Laws > Chapter 18 > Act 431 of 1984

  • 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
  • accounting for: means a record that meets all of the following requirements:

    (i) Authenticated by a secured party. See Michigan Laws 440.9102

  • Act of God: means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. See Michigan Laws 324.78301
  • Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.82143
  • Adverse resource impact: means any of the following:

    (i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.74107

  • Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.82143
  • agreement: means a restrictive covenant, evidenced by an instrument in which the owner and the state, for a term of years, agree to jointly hold the right to undertake development of the land, and that contains a covenant running with the land, for a term of years, not to undertake development, subject to permitted uses. See Michigan Laws 324.82120
  • Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.76107
  • Agricultural conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. See Michigan Laws 324.82120
  • Agricultural conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. See Michigan Laws 324.82135
  • Agricultural lien: means an interest, other than a security interest, in farm products that meets all of the following requirements:

    (i) The interest secures payment or performance of an obligation for 1 or more of the following:

    (A) Goods or services furnished in connection with a debtor's farming operation. See Michigan Laws 440.9102

  • Agricultural purpose: means the agricultural production of plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. See Michigan Laws 324.74107
  • Agricultural use: means the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. See Michigan Laws 324.82120
  • Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.81145
  • Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101
  • Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
  • All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312 (2014). See Michigan Laws 324.78301
  • All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312. See Michigan Laws 324.81145
  • Ancillary facility: means any revolving credit agreement, agreement establishing a line of credit, or letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, call, or similar agreement to hedge payment, currency, commodity, rate, spread, or similar exposure; investment agreement; float agreement; forward agreement or other investment arrangement; insurance contract; surety bond; commitment to purchase or sell securities; purchase or sale agreement or commitment; or other contract or agreement or other security agreement approved by the authority under this act, including without limitation any arrangement referred to in this act. See Michigan Laws 324.74203
  • annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 324.51302
  • Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.74305
  • Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.74107
  • Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
  • Attorney general: means the department of the attorney general. See Michigan Laws 324.78301
  • ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101
  • Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.82143
  • Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.74203
  • Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.78301
  • Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 333.17305
  • Base flow: means groundwater discharge to rivers and streams. See Michigan Laws 324.74305
  • Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.78301
  • Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is a site. See Michigan Laws 324.81145
  • Biological diversity: means the full range of variety and variability within and among living organisms and the natural associations in which they occur. See Michigan Laws 324.82102
  • Board: means board of county road commissioners. See Michigan Laws 324.82105b
  • Board: means the agricultural preservation fund board created in section 36204. See Michigan Laws 324.82135
  • Board: means the board of directors of the authority. See Michigan Laws 324.74203
  • Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.78301
  • Board: means the board of ethics. See Michigan Laws 324.82128
  • Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.75102
  • Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 324.74203
  • Bond proceeds account: means the account within the fund to which proceeds of bonds or notes issued under this part have been credited. See Michigan Laws 324.82143
  • Bonds: means the bonds issued under part 193 or former Act No. See Michigan Laws 324.75102
  • Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.76109
  • Bonds: means the bonds authorized under the Great Lakes water quality bond authorization act. See Michigan Laws 324.78110
  • Bonds or notes: means the bonds, notes, commercial paper, other obligations of indebtedness, or any combination of these, issued by the finance authority pursuant to this part. See Michigan Laws 324.82143
  • Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101
  • Capillary fringe: means the portion of the aquifer above an unconfined saturated zone in which groundwater is drawn upward by capillary force and can include the presence of LNAPL. See Michigan Laws 324.81145
  • Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.78301
  • charter county: means a home rule county created under Act No. See Michigan Laws 700.5210
  • Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. See Michigan Laws 440.9102
  • Chief executive officer: means the mayor of a city, the village manager of a village, the township supervisor of a township, or the county executive of a county or, if the county does not have an elected county executive, the chairperson of the county board of commissioners. See Michigan Laws 324.76109
  • Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
  • City street: means city major street or city local street as described in section 9 of Act No. See Michigan Laws 324.82105b
  • 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 324.82143
  • Clerk: means the clerk of a township elected under chapter XVI of Act No. See
  • Closed session: means a meeting or part of a meeting of a public body that is closed to the public. See Michigan Laws 324.81151
  • Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
  • Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.74107
  • Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.74107
  • Collateral: means the property subject to a security interest or agricultural lien. See Michigan Laws 440.9102
  • Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101
  • Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • Commercial purposes: means offering for sale, selling, giving, or furnishing to others. See Michigan Laws 324.48728
  • Commission: means the commission of agriculture and rural development. See Michigan Laws 324.82135
  • Commission: means the commission of natural resources. See Michigan Laws 324.80208
  • Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101
  • Commission: means the Michigan jobs commission. See Michigan Laws 324.79501
  • Committee: means the underwater salvage and preserve committee created in section 76103. See Michigan Laws 324.76101
  • Committee: means the joint legislative working committee on biological diversity created pursuant to section 35504. See Michigan Laws 324.82102
  • Community district education trust fund: means the community district education trust fund created in section 12. See Michigan Laws 324.74119
  • Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.74107
  • Compact: means the Great Lakes-St. See Michigan Laws 324.74107
  • Compensation: means salaries. See Michigan Laws 324.51701
  • Conflict areas: means an aquifer or a portion of an aquifer in which the department has determined that there is reasonable, scientifically based evidence of a pattern of groundwater withdrawal conflicts or a single extended groundwater withdrawal conflict. See Michigan Laws 324.74305
  • Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
  • Consignor: means a person that delivers goods to a consignee in a consignment. See Michigan Laws 440.9102
  • Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.81145
  • Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.74107
  • contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.81145
  • Contour change: includes any grading, filling, digging, or excavating that significantly alters the physical characteristic of a critical dune area, except that which is involved in sand dune mining as defined in part 637. See Michigan Laws 324.81127
  • Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 324.79111
  • Conventional gravity sewer extension: means the installation of a new gravity sewer and connection to an existing collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.41501
  • Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101
  • Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.74107
  • Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.82143
  • 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 324.81145
  • costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.78301
  • Council: means the Great Lakes-St. See Michigan Laws 324.74107
  • Council: means the water resources conservation advisory council created under section 32803. See Michigan Laws 324.74305
  • County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701
  • County local road: means county local road as described in section 4 of Act No. See Michigan Laws 324.82105b
  • County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101
  • Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
  • Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701
  • Crayfish: means any arthropod of the decapoda family. See Michigan Laws 324.48728
  • Crest: means the line at which the first lakeward facing slope of a critical dune ridge breaks to a slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20 feet, if the areal extent where this break occurs is greater than 1/10 acre in size. See Michigan Laws 324.81127
  • Critical dune area: means a geographic area designated in the "atlas of critical dune areas" dated February 1989 that was prepared by the department of natural resources. See Michigan Laws 324.81127
  • Crustacea: means any freshwater crayfish, shrimp, or prawn of the order decapoda. See Michigan Laws 324.48701
  • Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 324.81137
  • Dark sky preserve: means an area designated in section 75102. See Michigan Laws 324.75101
  • Dealer: means any person engaged in the sale, lease, or rental of snowmobiles as a regular business, other than an auctioneer. See Michigan Laws 324.82101
  • Dealer: means a person engaged in the sale, lease, or rental of an ORV as a regular business or, for purposes of selling licenses under section 81116, any other person authorized by the department to sell licenses or permits, or both, under this act. See Michigan Laws 324.81101
  • Debtor: means 1 of the following:

    (i) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor. See Michigan Laws 440.9102

  • Decision: means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy. See Michigan Laws 324.81151
  • Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701
  • department: means the department of natural resources. See Michigan Laws 324.82110a
  • department: means the department of natural resources. See Michigan Laws 324.82116
  • Department: means the department of agriculture and rural development. See Michigan Laws 324.82135
  • Department: means the department of environmental quality. See Michigan Laws 324.82143
  • 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 324.80208
  • Department: means the department of environmental quality. See Michigan Laws 324.76109
  • Department: means the department of environmental quality. See Michigan Laws 324.74107
  • Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.78301
  • Department: means the department of natural resources. See Michigan Laws 324.78101
  • Department: means the department of environmental quality. See Michigan Laws 324.74305
  • Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.78302
  • Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.81131
  • Department: means the department of environmental quality. See Michigan Laws 324.81127
  • Department: means the department of environmental quality. See Michigan Laws 324.79501
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.80208
  • Designated state-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101
  • Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.82120
  • Development: means an activity that materially alters or affects the existing conditions or use of any land in a manner that is inconsistent with an agricultural use. See Michigan Laws 324.82135
  • Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, to divide a parcel for development, or to extract minerals incidental to a permitted use or as set forth in an instrument recorded under this part. See Michigan Laws 324.82120
  • Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, or to divide a parcel for development purposes. See Michigan Laws 324.82135
  • Director: means the director of the department of natural resources. See Michigan Laws 324.80208
  • Director: means director of the department of licensing and regulatory affairs, or his or her designee. See Michigan Laws 324.74203
  • Director: means the director of the department of environmental quality. See Michigan Laws 324.78301
  • Director: means the administrative director of the commission. See Michigan Laws 324.78101
  • Director: means the director of the department. See Michigan Laws 324.74305
  • Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.78301
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.78301
  • Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.74107
  • DNAPL: means a dense nonaqueous-phase liquid with a specific gravity greater than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.81145
  • Do-not-resuscitate order: means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333. See Michigan Laws 700.1103
  • Due care activities: means those activities conducted under sections 20107a and 21304c. See Michigan Laws 324.76109
  • easement: means a grant, by an instrument, in which the owner relinquishes to the public in perpetuity or for a term of years the right to undertake development of the land, and that contains a covenant running with the land, not to undertake development, subject to permitted uses. See Michigan Laws 324.82120
  • Ecosystem: means an assemblage of species, together with the species' physical environment, considered as a unit. See Michigan Laws 324.82102
  • Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 333.17210
  • election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 324.63511
  • Employee: means an employee, classified or unclassified, of the executive branch of this state. See Michigan Laws 324.82128
  • Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Michigan Laws 324.82139
  • Employer: means a person who has 1 or more employees. See Michigan Laws 324.82139
  • Endangered species: means any species of fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the secretary of the United States department of the interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans. See Michigan Laws 324.82142
  • Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.78301
  • Environmentally sound and economically feasible water conservation measures: means those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that meet all of the following:

    (i) Are environmentally sound. See Michigan Laws 324.74107

  • Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
  • 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 324.78301
  • Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:

    (i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.78301

  • Expedited review: means an expedited review of an application for a construction permit under section 4112. See Michigan Laws 324.41501
  • Expenses: means expenses incurred by the legislator in connection with the discharge of his official duties. See Michigan Laws 324.51701
  • Facility: means that term as it is defined in part 201. See Michigan Laws 324.76109
  • 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 324.78301
  • Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.74107
  • Farmland: means 1 or more of the following:

    (i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.82120

  • Farmland: means 1 or more of the following:

    (i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.82135

  • Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.78301
  • Field name: means the label or identification of an element of a computer data base that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 324.81136
  • Filing office: means an office designated in section 9501 as the place to file a financing statement. See Michigan Laws 440.9102
  • Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.82143
  • financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States. See Michigan Laws 700.5306a
  • Financial responsibility requirements: means the financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from a refined petroleum underground storage tank system that the owner or operator of a refined petroleum underground storage tank system must demonstrate under part 211 and the rules promulgated under that part. See Michigan Laws 324.82143
  • Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 324.74203
  • Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Michigan Laws 440.9102
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 324.51503c
  • Flow-based safety factor: means a protective measure of the assessment tool that reduces the portion of index flow available for a withdrawal to 1/2 of the index flow for the purpose of minimizing the risk of adverse resource impacts caused by statistical uncertainty. See Michigan Laws 324.74107
  • FOIA coordinator: means either of the following:

    (i) An individual who is a public body. See Michigan Laws 324.81136

  • Foreclosure: means possession of a property by a lender on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.78301
  • Foredune: means 1 or more low linear dune ridges that are parallel and adjacent to the shoreline of a Great Lake and are rarely greater than 20 feet in height. See Michigan Laws 324.81127
  • Forensic laboratory: means a laboratory maintained by the department of state police or a municipality that meets all of the following criteria:

    (i) Has at least 1 regularly employed forensic scientist who conducts analyses of controlled substances or androgenic anabolic steroids for criminal justice agencies in criminal matters, and provides testimony with respect to those analyses. See Michigan Laws 324.74107

  • Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101
  • Forest trail: means a designated path or way that is not a route. See Michigan Laws 324.81101
  • Foundation: means the Michigan state parks foundation created in section 74302. See Michigan Laws 324.74301
  • Fully shielded: means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above 15 degrees below the horizontal plane and also constructed so that the filament or light source is not visible to the naked eye when viewed from a point higher than 15 degrees below the horizontal plane. See Michigan Laws 324.75101
  • Fund: means the agricultural preservation fund created in section 36202. See Michigan Laws 324.82120
  • Fund: means the agricultural preservation fund created in section 36202. See Michigan Laws 324.82135
  • Fund: means the underground storage tank cleanup fund created in section 21506b and includes the bond proceeds account established within the fund. See Michigan Laws 324.82143
  • Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.76109
  • Fund: means the infrastructure construction fund created in section 4113. See Michigan Laws 324.41501
  • Fund: means the Great Lakes water quality bond fund created in section 19706. See Michigan Laws 324.78110
  • Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.78301
  • Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.75102
  • fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.76107
  • Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.81131
  • Funds: means the money of a public corporation, the investment of which is not otherwise subject to a public act of this state or bond authorizing ordinance or resolution of a public corporation that permits investment in fewer than all of the investment options listed in subsection (1) or imposes 1 or more conditions upon an investment in an option listed in subsection (1). See Michigan Laws 700.5306a
  • Game fish: includes all of the following:

    (i) Lake trout (Salvelinus namaycush). See Michigan Laws 324.48701

  • Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501
  • Goods: means all things that are movable when a security interest attaches. See Michigan Laws 440.9102
  • Governing board: means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education. See Michigan Laws 324.81122
  • Governing body: means the legislative body, council, commission, board, or other body having legislative powers of a public corporation. See Michigan Laws 700.5306a
  • Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.81145
  • Grant: means a grant for the purchase of an agriculture conservation easement under this part. See Michigan Laws 324.82135
  • Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 324.30323
  • grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 324.30323
  • Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.74107
  • Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101
  • Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.74107
  • 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
  • Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.74107
  • Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.74305
  • Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.81145
  • Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104
  • Habitat: means the area or type of environment in which an organism or biological population normally lives or occurs. See Michigan Laws 324.82102
  • Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101
  • Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101
  • Hazardous material: means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.35111
  • 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 324.78301

  • Heating oil: means petroleum that is no. See Michigan Laws 324.81145
  • Highly restricted personal information: means an individual's photograph or image, social security number, digitized signature, and medical and disability information. See Michigan Laws 324.81101
  • Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101
  • Highway or street: means the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel. See Michigan Laws 324.82101
  • Historic snowmobile: means a snowmobile that is over 25 years old and that is owned solely as a collector's item and for occasional use and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing. See Michigan Laws 324.82101
  • Historical value: means value relating to, or illustrative of, Michigan history, including the statehood, territorial, colonial, and historic, and prehistoric native American periods. See Michigan Laws 324.76101
  • Identification for election purposes: means , if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in his or her voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:

    (i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 333.17210

  • Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 333.17210
  • Import: means to bring into, introduce into, or attempt to bring into or introduce into any place subject to the jurisdiction of this state. See Michigan Laws 324.82142
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 324.51502
  • In-kind contributions: means services and goods as approved by the department that are provided by a grant recipient toward completion of a department-approved local snowmobile program under section 82107. See Michigan Laws 324.82101
  • Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105
  • Incompatible offices: means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices held:

    (i) The subordination of 1 public office to another. See Michigan Laws 324.81122

  • Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.74107
  • inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 324.11504
  • Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701
  • Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101
  • Institution of higher education: means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963. See Michigan Laws 324.81122
  • Intrabasin transfer: means a diversion of water from the source watershed of a Great Lake prior to its use to the watershed of another Great Lake. See Michigan Laws 324.74107
  • Investment officer: means the treasurer or other person designated by statute or charter of a public corporation to act as the investment officer. See Michigan Laws 700.5306a
  • Involuntary statement: means information provided by a law enforcement officer, if compelled under threat of dismissal from employment or any other employment sanction, by the law enforcement agency that employs the law enforcement officer. See Michigan Laws 324.82147a
  • IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 324.78306
  • Issue: means an individual's descendant. See Michigan Laws 700.1105
  • Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.74107
  • Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.74107
  • Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.74107
  • Late model ORV: means an ORV manufactured in the current model year or the 5 model years immediately preceding the current model year. See Michigan Laws 324.81101
  • Law enforcement officer: means all of the following:

    (i) A person who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.82147a

  • Law of another state: means a law or ordinance enacted by any of the following:

    (i) Another state. See Michigan Laws 324.82101

  • Legally incapacitated individual: means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual. See Michigan Laws 700.1105
  • Lender: means any of the following:

    (i) A state or nationally chartered bank. See Michigan Laws 324.78301

  • Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105
  • Licensed professional engineer: means a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 324.41501
  • LNAPL: means a light nonaqueous-phase liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water, and the term encompasses all potential occurrences of LNAPL. See Michigan Laws 324.81145
  • Local governing body: means 1 of the following:

    (i) With respect to farmland or open space land that is located in a city or village, the legislative body of the city or village. See Michigan Laws 324.82120

  • Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.78301
  • Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.81145
  • Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101
  • Local unit of government: means a municipality or county. See Michigan Laws 324.80208
  • Local unit of government: means a county, city, village, or township, or an agency of a county, city, village, or township; or a brownfield redevelopment authority, economic development corporation, or an authority or other public body created by or pursuant to state law. See Michigan Laws 324.76109
  • Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.78301
  • Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.81131
  • Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101
  • Manufacturer: means a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business. See Michigan Laws 324.81101
  • Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101
  • Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101
  • Marine terminal operator: means a person that stores refined petroleum or a refined petroleum product at a boat terminal transfer. See Michigan Laws 324.82143
  • Measurable economic benefit: means the permanent jobs that are created or retained, the capital invested, or the increased tax base to the applicable county, city, village, and township where the project is located. See Michigan Laws 324.76109
  • Mechanical or other assistance: means all humanmade devices, including pry bars, wrenches and other hand or power tools, cutting torches, explosives, winches, flotation bags, lines to surface, extra divers buoyancy devices, and other buoyance devices, used to raise or remove artifacts. See Michigan Laws 324.76101
  • Medicaid benefits trust fund: means the Michigan Medicaid benefits trust fund established in section 5. See Michigan Laws 324.74119
  • Medicaid program: means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-5. See Michigan Laws 324.74119
  • Medicaid special financing payments: means the Medicaid special adjustor payments each year authorized in the department of community health appropriations act. See Michigan Laws 324.74119
  • Meeting: means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 324.81151
  • Mental health professional: means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

    (i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106

  • Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 333.17311
  • Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.80208
  • Michigan merit award trust fund: means the Michigan merit award trust fund established in section 9. See Michigan Laws 324.74119
  • Migrating NAPL: means NAPL that is observed to spread or expand laterally or vertically or otherwise result in an increased volume of the NAPL extent, usually indicated by time series data or observation. See Michigan Laws 324.81145
  • Mileage: means cost of transportation via the shortest traveled route either by train, bus or private automobile from the residence of the legislator to Lansing. See Michigan Laws 324.51701
  • Minnows: means chubs, shiners, suckers, when of a size ordinarily used for bait in hook and line fishing, dace, stonerollers, muddlers, and mudminnows. See Michigan Laws 324.48728
  • Mobile NAPL: means NAPL that exceeds residual saturation, and includes migrating NAPL, but not all mobile NAPL is migrating NAPL. See Michigan Laws 324.81145
  • Model zoning plan: means the model zoning plan provided for in sections 35304 to 35309 and 35311a to 35324. See Michigan Laws 324.81127
  • Mollusks: means any mollusk of the classes bivalvia and gastropoda. See Michigan Laws 324.48701
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 324.30501
  • Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101
  • Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • municipalities: as used in this part means and includes a county, city, village, township, school district, metropolitan district, port district, drainage district, authority, or other governmental authority, agency, or department within or of the state with power to acquire, construct, improve, or operate facilities for the prevention or abatement of water pollution, or any combination of such governmental agencies. See Michigan Laws 324.48708
  • Municipality: means a city or village. See Michigan Laws 324.81101
  • Municipality: means a city, village, or township. See Michigan Laws 324.80208
  • NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.81146
  • Native vegetation: means original or indigenous plants of this state including trees, shrubs, vines, wild flowers, aquatic plants, or ground cover. See Michigan Laws 324.82105b
  • Natural: means in a state provided by nature, without human-made changes, wild, or uncultivated. See Michigan Laws 324.82105b
  • Natural area: means a tract of state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:

    (i) Has retained or reestablished its natural character, or has unusual flora and fauna or biotic, geologic, scenic, or other similar features of educational or scientific value, but it need not be undisturbed. See Michigan Laws 324.81116

  • natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within the state. See Michigan Laws 324.78301
  • New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.74107
  • New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.74107
  • 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 324.78301
  • Noncash proceeds: means proceeds other than cash proceeds. See Michigan Laws 440.9102
  • Nonresident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is not registered as a motor vehicle in this state. See Michigan Laws 324.74101
  • Nonresident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.78301
  • Nonrevenue-producing harbor facilities: means any portion of harbor facilities that would not normally produce revenue and includes, but is not limited to, jetties, breakwaters, dredging, and shore protection. See Michigan Laws 324.79101
  • Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 324.30502
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. See Michigan Laws 440.9102
  • Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101
  • Officer: means a supervisor, treasurer, clerk, or trustee. See
  • Oil and gas: means oil and gas as such in combination one with the other and also means oil, gas, casinghead gas, casinghead gasoline, gas distillate, or other hydrocarbons, or any combination or combinations of these substances, which may be found in or produced from a common source of supply of oil, gas, oil and gas, or gas distillate. See Michigan Laws 324.61701
  • Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.74107
  • Open space land: means 1 of the following:

    (i) Lands defined as 1 or more of the following:

    (A) Any undeveloped site included in a national registry of historic places or designated as a historic site pursuant to state or federal law. See Michigan Laws 324.82120

  • Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101
  • Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101
  • Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 324.74203
  • Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.81146
  • Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101
  • Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101
  • 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 324.82143
  • Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.78301
  • Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.81131
  • organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:

    (i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 324.79111

  • Organization: means a person other than an individual. See Michigan Laws 440.1201
  • ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101
  • Outstanding: means with respect to bonds, all bonds except those that have been paid in full at maturity or that are not outstanding under the terms of the applicable authority resolution, trust indenture, or trust agreement authorizing the issuance of the bonds. See Michigan Laws 324.74203
  • Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.81146
  • Owner: means any of the following:

    (i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101

  • Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.82120
  • Owner: means any of the following:

    (i) A person that holds the legal title to a snowmobile. See Michigan Laws 324.82101

  • Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.82135
  • Owner: means a person who owns a facility. See Michigan Laws 324.78301
  • Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.81131
  • Panel: means the response activity review panel created in section 20114e. See Michigan Laws 324.78301
  • Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106
  • Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106
  • Patient advocate designation: means the written document executed and with the effect as described in sections 5506 to 5515. See Michigan Laws 700.1106
  • Peace officer: means any of the following:

    (i) A sheriff. See Michigan Laws 324.82101

  • Permit: means a permit for a use within a critical dune area under this part. See Michigan Laws 324.81127
  • 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 324.78301

  • Permitted use: means any use expressly authorized within a development rights agreement, development rights easement, or agriculture conservation easement that is consistent with the farming operation or that does not alter the open space character of the land. See Michigan Laws 324.82120
  • Person: includes an individual, corporation, limited liability company, business trust, estate, trust, partnership, or association, or 2 or more persons having a joint or common interest in land. See Michigan Laws 324.82120
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.82144
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 324.30503
  • Person: means an individual or an organization. See Michigan Laws 700.1106
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.80208
  • Person: means an individual, corporation, limited or general partnership, association, joint venture, limited liability company, or a governmental entity, including this state. See Michigan Laws 324.74203
  • Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 324.79111
  • Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 324.81136
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Michigan Laws 440.1201
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Michigan Laws 324.82139
  • Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101
  • Person: means an individual, partnership, corporation, association, or other nongovernmental legal entity. See Michigan Laws 324.78302
  • person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.78301
  • Person with a disability: means an individual who has 1 or more of the following physical characteristics:

    (i) Blindness. See Michigan Laws 324.81101

  • Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number, but does not include information on ORV operation or equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.81101
  • Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
  • physical disability: means that term as defined in section 6 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 333.17315
  • Physician orders for scope of treatment form: means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 700.1106
  • Pipeline terminal operator: means a person that receives and stores refined petroleum or a refined petroleum product in tanks and other equipment used in receiving and storing refined petroleum or a refined petroleum product from interstate and intrastate pipelines, pending wholesale bulk reshipment. See Michigan Laws 324.82144
  • Planning commission: means a planning commission created under the Michigan planning enabling act, 2008 PA 33, MCL 125. See Michigan Laws 324.82120
  • Planning commission: means the body or entity within a local government that is responsible for zoning and land use planning for the local unit of government. See Michigan Laws 324.81127
  • Plans and specifications: means a true description or representation of the entire sewerage system and parts of a system as the sewerage system exists or is to be constructed, and also a full and fair statement of how the system is to be operated. See Michigan Laws 324.41501
  • Political subdivision: includes all public bodies corporate within but not including the state, including all agencies thereof or any non-incorporated body within the state of whatever nature, including all agencies thereof. See Michigan Laws 324.82112
  • political subdivision: means any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301
  • Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.78301
  • Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.78301
  • Preventative measure: means an action affecting a stream or river that prevents an adverse resource impact by diminishing the effect of a withdrawal on stream or river flow or the temperature regime of the stream or river. See Michigan Laws 324.74107
  • primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 333.17213
  • Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

    (i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101

  • Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

    (i) A violation or an attempted violation of section 82127(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 82127(6), a local ordinance substantially corresponding to section 82127(6), or a law of another state substantially corresponding to section 82127(6), or a law of the United States substantially corresponding to section 82127(6) may be used as a prior conviction other than for enhancement purposes as provided in section 82129a(1)(b). See Michigan Laws 324.82101

  • Private foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 324.78306
  • Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
  • Proceeds: means , except as used in section 9609(2), 1 or more of the following property:

    (i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral. See Michigan Laws 440.9102

  • Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 324.79111
  • Professional guardian: means a person that provides guardianship services for a fee. See Michigan Laws 700.1106
  • Prohibited use: means a use that is not consistent with an agricultural use for farmland subject to a development rights agreement or is not consistent with the open space character of the land for lands subject to a development rights easement. See Michigan Laws 324.82120
  • project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.76109
  • Project: means a proposal to install within 1 general area a new wastewater collection system. See Michigan Laws 324.41501
  • Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.81146
  • Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
  • Property taxes: means general ad valorem taxes levied after January 1, 1974, on lands and structures in this state, including collection fees, but not including special assessments, penalties, or interest. See Michigan Laws 324.82120
  • Public agency: means the department or a local or federal unit of government. See Michigan Laws 324.81101
  • Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101
  • Public body: means any of the following:

    (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 324.81136

  • Public body: means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 324.81151
  • Public body: means all of the following:

    (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. See Michigan Laws 324.82139

  • Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 324.78306
  • Public corporation: means a county, city, village, township, port district, drainage district, special assessment district, or metropolitan district of this state, or a board, commission, or another authority or agency created by or under an act of the legislature of this state. See Michigan Laws 700.5306a
  • Public domain: means all land owned by the state or land deeded to the state under state law. See Michigan Laws 324.80208
  • Public employee: means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment. See Michigan Laws 324.81122
  • Public entity: means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof. See Michigan Laws 324.82120
  • Public highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.81146
  • Public officer: means a person who is elected or appointed to any of the following:

    (i) An office established by the state constitution of 1963. See Michigan Laws 324.81122

  • Public officer: means a person appointed by the governor or another executive department official. See Michigan Laws 324.82128
  • Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 324.81136
  • Public servant: includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act. See Michigan Laws 324.82120
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See Michigan Laws 440.1201
  • qualified elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 333.17231
  • Qualified taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 324.81149
  • Qualified underground storage tank consultant: means a person who meets the requirements established in section 21325. See Michigan Laws 324.81146
  • Rack: means a mechanism for delivering refined petroleum or a refined petroleum product from a refiner, a pipeline terminal operator, or a marine terminal operator into a railroad tank car, a transport truck, a tank wagon, or the fuel supply tank of a marine vessel. See Michigan Laws 324.82144
  • RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.81146
  • RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.81146
  • Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.74101
  • Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101
  • Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101
  • Recreational snowmobile trail improvement subaccount: means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110. See Michigan Laws 324.82101
  • Recreational value: means value relating to an activity that the public engages in, or may engage in, for recreation or sport, including scuba diving and fishing. See Michigan Laws 324.76101
  • 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 324.82144
  • Refined petroleum fund: means the refined petroleum fund established under section 21506a. See Michigan Laws 324.82144
  • Refined petroleum underground storage tank: means an underground storage tank system used for the storage of refined petroleum. See Michigan Laws 324.82144
  • Refiner: means a person that meets both of the following:

    (i) Manufactures or produces refined petroleum or a refined petroleum product at a refinery. See Michigan Laws 324.82144

  • Refinery: means a facility used by a refiner to produce refined petroleum or a refined petroleum product from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons by any process involving substantially more than the blending of refined petroleum and from which refined petroleum or a refined petroleum product may be removed by pipeline or marine vessel or at a rack. See Michigan Laws 324.82144
  • Regional planning commission: means a regional planning commission created pursuant to 1945 PA 281, MCL 125. See Michigan Laws 324.82120
  • Registrant: means a person who has registered a water withdrawal under section 32705. See Michigan Laws 324.74107
  • Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 333.17211
  • Regulated substance: means any of the following:

    (i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.81146

  • Regulated substance: means any of the following:

    (i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.81131

  • Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.81146
  • Release: means that term as it is defined in section 21303. See Michigan Laws 324.82144
  • 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 324.78301
  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.81131
  • 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 324.78301
  • Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.78301
  • Reporting department: means a state department or agency that is required by the committee under this part to file 1 or more reports. See Michigan Laws 324.82102
  • Reptiles: means any turtle, snake, or lizard of the class reptilia. See Michigan Laws 324.48701
  • Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 333.17241
  • Resident: means either of the following:

    (i) A person who resides in a settled or permanent home or domicile with the intention of remaining in this state. See Michigan Laws 324.48701

  • Resident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is registered as a motor vehicle in this state. See Michigan Laws 324.74101
  • Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101
  • 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 324.78301
  • Response activity: means that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.76109
  • 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 324.78301
  • Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.78301
  • Restabilization: means restoration of the natural contours of a critical dune to the extent practicable, the restoration of the protective vegetative cover of a critical dune through the establishment of indigenous vegetation, and the placement of snow fencing or other temporary sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand. See Michigan Laws 324.81127
  • Revenue-producing harbor facilities: means any portion of harbor facilities that normally produce revenue and includes, but is not limited to, watercraft slips, watercraft launching facilities, watercraft storage, lodging, access roads, watercraft repair facilities, parking lots, mechanical haul-out devices, and facilities for fuel, food, and other services. See Michigan Laws 324.79101
  • Right-of-way: means that portion of a highway or street less the roadway and any shoulder. See Michigan Laws 324.82101
  • River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.74107
  • Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101
  • Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101
  • Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.80208
  • Saturated zone: means a soil area where the soil pores are filled with groundwater and can include the presence of LNAPL. See Michigan Laws 324.81146
  • School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 333.17211a
  • School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 333.17211a
  • seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 333.17305
  • seal: shall be construed to include any of the following:

    (a) The impression of the seal on the paper alone. See Michigan Laws 324.30505

  • Secondary obligor: means an obligor to the extent that the obligor's obligation is secondary or the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Michigan Laws 440.9102
  • Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101
  • Secured party: means 1 or more of the following:

    (i) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding. See Michigan Laws 440.9102

  • Security interest: means an interest in personal property or fixtures which secures payment or performance of an obligation. See Michigan Laws 440.1201
  • Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.78301
  • Sewerage system: means a system of pipes and structures including pipes, channels, conduits, manholes, pumping stations, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes that are capable of adversely affecting the public health. See Michigan Laws 324.41501
  • Shall: is a lways mandatory and "may" is always discretionary. See Michigan Laws 324.81129
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 324.51510
  • Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101
  • Shoulder: means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic. See Michigan Laws 324.82101
  • Simple pumping station and force main: means the installation of a duplex pumping station and a force main with only 1 high point and of length of no more than 2,000 feet that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.41501
  • Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.81146
  • Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.74107
  • Small diameter pressure sewer and grinder pumping station: means a single project that includes the installation of new pressure sewers totaling not more than 5,000 feet and not more than 25 grinder pumping stations with each grinder pumping station serving not more than 5 separate owners and that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.41501
  • Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.74107
  • Snowmobile: means any motor-driven vehicle designed for travel primarily on snow or ice of a type that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101
  • Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.82101
  • Snowmobile registration fee subaccount: means the snowmobile registration fee subaccount of the snowmobile account created in section 82111. See Michigan Laws 324.82101
  • Software: means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 324.81136
  • Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.78301
  • Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.74107
  • Southern county: means Muskegon, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, or Macomb county, or a county lying south of the territory constituted by these counties. See Michigan Laws 324.81101
  • Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 333.17211a
  • Special primary: means a primary called by competent authority for the nomination of candidates to be voted for at a special election. See Michigan Laws 333.17211a
  • Special use project: means any of the following:

    (i) A proposed use in a critical dune area for an industrial or commercial purpose regardless of the size of the site. See Michigan Laws 324.81127

  • Species: includes any subspecies of fish, plant life, or wildlife and any other group of fish, plants, or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed or cross-pollinate when mature. See Michigan Laws 324.82142
  • Spill: means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment. See Michigan Laws 324.35111
  • Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 324.78306
  • SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.81146
  • 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 324.51501
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 440.9102
  • State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.82120
  • state officer: means only a person occupying one of the following offices established by the constitution: governor; lieutenant governor; secretary of state; state treasurer; attorney general; auditor general; superintendent of public instruction; member of the state board of education; regent of the university of Michigan; trustee of Michigan State University; governor of Wayne State University; member of a board of control of one of the other institutions of higher education named in section 4 of article 8 of the constitution or established by law as therein provided; president of each of the foregoing universities and institutions of higher learning; member of the state board for public community and junior colleges; member of the supreme court; member of the court of appeals; member of the state highway commission; director of the state highway commission; member of the liquor control commission; member of the board of state canvassers; member of the commission on legislative apportionment; member of the civil service commission; state personnel director; or member of the civil rights commission; together with his principal deputy who by law under specified circumstances, may exercise independently some or all of the sovereign powers of his principal whenever the deputy is actually exercising such powers. See Michigan Laws 324.82112
  • State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101
  • State park improvement account: means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030. See Michigan Laws 324.74101
  • State strategy: means the recommended state strategy prepared by the committee. See Michigan Laws 324.82102
  • State treasurer: means the state treasurer of this state or his or her designee, if the designee is authorized to exercise delegated signatory power for purposes of this act in a written instrument signed by the state treasurer and maintained in a permanent file. See Michigan Laws 324.74203
  • Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.74107
  • Stream reach: means a segment of a stream or river. See Michigan Laws 324.74107
  • Street: means city street or village street. See Michigan Laws 324.82105b
  • Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101
  • Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107
  • Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See
  • Supplier: means a supplier or permissive supplier licensed under the motor fuel tax act, 2000 PA 403, MCL 207. See Michigan Laws 324.82144
  • 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 324.81146

  • Sustained yield: means the achievement and maintenance in perpetuity of regular periodic output of the various renewable resources without impairment of the productivity of the land. See Michigan Laws 324.82102
  • Take: means , in reference to fish and wildlife, to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. See Michigan Laws 324.82142
  • Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified by the department on a list that it publishes not more than once a year. See Michigan Laws 324.78301
  • Terminal: means a refined petroleum or refined petroleum products storage and distribution facility that meets all of the following requirements:

    (i) Is registered as a qualified terminal by the internal revenue service. See Michigan Laws 324.82144

  • Testacy proceeding: means a proceeding to establish a will or determine intestacy. See Michigan Laws 700.1107
  • this part: includes "rules promulgated under this part". See Michigan Laws 324.78301
  • threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.78301
  • threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.81146
  • Threatened species: means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. See Michigan Laws 324.82142
  • to camp: means the erection of a tent or tent-type camper or the parking and occupancy of a travel or house trailer or truck camper. See Michigan Laws 324.74201
  • Tobacco settlement revenue: means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. See Michigan Laws 324.74119
  • Township board: means the township board of a township constituted as provided in section 70. See
  • Traffic lane: means a clearly marked lane on a roadway. See Michigan Laws 324.81101
  • Trout stream: means any stream or portion of a stream that contains a significant population of any species of trout or salmon as determined by the department. See Michigan Laws 324.48701
  • Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 324.78306
  • Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 324.78306
  • Underground 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 324.81146
  • Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.82144
  • Underground 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 324.81131
  • Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 333.17211a
  • Uniformed and overseas citizens absentee voting act: means the uniformed and overseas citizens absentee voting act, 42 USC 1973ff to 1973ff-6. See Michigan Laws 333.17313
  • Unit area: means the formation or formations that are unitized and surface acreage that is a part of the unitized lands, as described in the plan for unit operations that is the subject of the supervisor's order as provided in section 61706. See Michigan Laws 324.61701
  • Unit expense: means any and all cost, expense, or indebtedness incurred by the unit in the establishment of its organization or incurred in the conduct and management of its affairs or the operations conducted by it. See Michigan Laws 324.61701
  • Unit production: means all indigenous oil and gas produced and saved from a unit area after the effective date of the order of the supervisor creating the unit, regardless of the well or tract within the unit area from which that oil and gas is produced. See Michigan Laws 324.61701
  • United States: shall be construed to include the district and territories. See Michigan Laws 324.51501
  • Unmaintained portion: means the portion of a street, county road, or highway that is not the maintained portion. See Michigan Laws 324.81101
  • Unusual circumstances: means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:

    (i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request. See Michigan Laws 324.81136

  • Use: means a developmental, silvicultural, or recreational activity done or caused to be done by a person that significantly alters the physical characteristic of a critical dune area or a contour change done or caused to be done by a person. See Michigan Laws 324.81127
  • Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.81146
  • vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101
  • Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.78301
  • village: as used in this act , shall mean an incorporated village. See Michigan Laws 333.17221
  • Village street: means village major street or village local street as described in section 9 of Act No. See Michigan Laws 324.82105b
  • Volunteer: means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance. See Michigan Laws 324.35111
  • Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108
  • Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.74107
  • Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101
  • Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101
  • Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501
  • Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501
  • Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501
  • Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.74107
  • Waters of the state: means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the state. See Michigan Laws 324.35111
  • Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101
  • Wigglers: means Mayfly nymphs or any other aquatic insect nymphs or larvae. See Michigan Laws 324.48728
  • Wild area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:

    (i) Is less than 3,000 acres of state land. See Michigan Laws 324.81116

  • Wilderness area: means a tract of undeveloped state land or water under control of the department and dedicated and regulated by the department pursuant to this part which:

    (i) Has 3,000 or more acres of state land or is an island of any size. See Michigan Laws 324.81116

  • Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.74107
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, or other means of recording or retaining meaningful content. See Michigan Laws 324.81136
  • Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 324.81136
  • Zone A withdrawal: means the following:

    (i) For a cold river system, as follows:

    (A) For a cold stream, less than a 1% reduction in the density of thriving fish populations as determined by the thriving fish curve. See Michigan Laws 324.74107

  • Zone B withdrawal: means the following:

    (i) There is not a zone B withdrawal for a cold stream or small river. See Michigan Laws 324.74107

  • Zone C withdrawal: means the following as long as the withdrawal will not decrease the flow of a stream or river by more than 25% of its index flow:

    (i) For a cold river system, as follows:

    (A) For a cold stream, a 1% or more but less than a 3% reduction in the density of thriving fish populations as determined by the thriving fish curve. See Michigan Laws 324.74107

  • Zone D withdrawal: means , beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact. See Michigan Laws 324.74107
  • Zoning ordinance: means an ordinance of a local unit of government that regulates the development of critical dune areas within the local unit of government pursuant to the requirements of this part. See Michigan Laws 324.81127