§ 18.41 Creation of department of information technology; transfer of authority, powers, and duties relating to information technology services within executive branch or agency to the department of informati

Terms Used In Michigan Laws > Chapter 18 > E.R.O. No. 2001-1

  • 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
  • Attorney general: means the department of the attorney general. 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
  • Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.78301
  • 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
  • Cleanup criteria for unrestricted residential use: means any of the following:

    (i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.78301

  • Commission: means the commission of natural resources. See Michigan Laws 324.80208
  • Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101
  • Commission: means the Michigan jobs commission. See Michigan Laws 324.79501
  • Compensation: means salaries. See Michigan Laws 324.51701
  • 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
  • costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.78301
  • 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
  • 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 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 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 environmental quality. See Michigan Laws 324.79501
  • Director: means the director of the department of natural resources. See Michigan Laws 324.80208
  • Director: means the director of the department of environmental quality. See Michigan Laws 324.78301
  • 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
  • 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
  • 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
  • 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

  • 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
  • Financial assurance: means a performance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, corporate guarantee, or other equivalent security, or any combination thereof. See Michigan Laws 324.78301
  • Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.78301
  • 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
  • Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501
  • 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 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

  • 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
  • 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
  • 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
  • Local unit of government: means a municipality or county. See Michigan Laws 324.80208
  • 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
  • Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101
  • 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
  • Migrating NAPL: means that terms as it is defined in section 21302. See Michigan Laws 324.78301
  • Mobile NAPL: means that term as it is defined in section 21302. See Michigan Laws 324.78301
  • NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.78301
  • natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within the state. See Michigan Laws 324.78301
  • No further action letter: means a written response provided by the department under section 20114d confirming that a no further action report has been approved after review by the department. See Michigan Laws 324.78301
  • 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
  • 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
  • Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.78301
  • 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

  • Owner: means a person who owns a facility. See Michigan Laws 324.78301
  • Panel: means the response activity review panel created in section 20114e. See Michigan Laws 324.78301
  • 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

  • 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, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.80208
  • 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 who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.78301
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Residential closure: means a property at which the contamination has been addressed in a no further action report that satisfies the limited residential cleanup criteria under section 20120a(1)(c) or the site-specific residential cleanup criteria under sections 20120a(2) and 20120b, that contains land use or resource use restrictions, and that is approved by the department or is considered approved by the department under section 20120d. See Michigan Laws 324.78301
  • Residual NAPL saturation: means that term as it is defined in part 213. See Michigan Laws 324.78301
  • 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
  • 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
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.80208
  • 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

  • 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
  • Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.78301
  • 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
  • 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
  • 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
  • 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
  • United States: shall be construed to include the district and territories. See Michigan Laws 324.51501
  • 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
  • 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