Michigan Laws > Chapter 324 > Act 451 of 1994 > Article II > Chapter 1 > Part 33 – Aquatic Nuisance Control
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Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article II > Chapter 1 > Part 33 - Aquatic Nuisance Control
- Agreement: shall mean "contract" and shall include renewals and alterations of a contract. See Michigan Laws 3.221
- Air contaminant: means a dust, fume, gas, mist, odor, smoke, vapor, or any combination thereof. See Michigan Laws 324.5501
- Air pollution: means the presence in the outdoor atmosphere of air contaminants in quantities, of characteristics, under conditions and circumstances, and of a duration that are or can become injurious to human health or welfare, to animal life, to plant life, or to property, or that interfere with the enjoyment of life and property in this state. See Michigan Laws 324.5501
- Air pollution control equipment: means any method, process, or equipment that removes, reduces, or renders less noxious air contaminants discharged into the atmosphere. See Michigan Laws 324.5501
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Aquatic invasive species: means an aquatic species that is nonnative to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. See Michigan Laws 324.3301
- Aquatic nuisance: means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch. See Michigan Laws 324.3301
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistance: means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:
(i) Provision of loans for the planning, design, and construction or alteration of waterworks systems. See Michigan Laws 324.5401Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5401 Board: means the department of state. See Michigan Laws 3.161 Boat livery: means a place of business or any location where a person rents or offers for rent any vessel other than a nonmotorized raft to the general public for noncommercial use on the waters of this state. See Michigan Laws 324.44501 Capitalization grant: means the federal grant made to this state by the United States Environmental Protection Agency, as provided in the federal safe drinking water act. See Michigan Laws 324.5401 carry passengers for hire: means the transporting of any individual on a vessel other than a nonmotorized raft for consideration directly or indirectly paid to the owner of the vessel, the owner's agent, the operator of the vessel, or any other person who holds any interest in the vessel. See Michigan Laws 324.44501 Certificate of coverage: means written authorization from the department to implement a project under a general permit. See Michigan Laws 324.3301 Charter boat: means a vessel other than a nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner's agent retains possession, command, and control of the vessel. See Michigan Laws 324.44501 Clean air act: means chapter 360, 69 Stat 322, 42 USC 7401 to 7671q, and regulations promulgated under the clean air act. See Michigan Laws 324.5501 Commission: means the commission of natural resources. See Michigan Laws 324.301 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Department: means the department of environmental quality. See Michigan Laws 324.3301 Department: means the department of environment, Great Lakes, and energy or its authorized agent or representative. See Michigan Laws 324.5402 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Director: means the director of the department. See Michigan Laws 324.3301 Director: means the director of the department or his or her designated representative. See Michigan Laws 324.5402 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Electric provider: means that term as defined in section 5 of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460. See Michigan Laws 324.5501 Emission: means the emission of an air contaminant. See Michigan Laws 324.5501 Equipment: means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to, a vessel; or a marine safety article, accessory, or equipment intended for use by an individual on board a vessel; but does not include radio equipment. See Michigan Laws 324.44501 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executor: A male person named in a will to carry out the decedent Farm operation: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.5501 Federal safe drinking water act: means the safe drinking water act, 42 USC 300f to 300j-25, and the rules promulgated under that act. See Michigan Laws 324.5402 Fee-subject facility: means the following sources:
(i) Any major source as defined in 40 C. See Michigan Laws 324.5501Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Fund: means the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5402 Fund: means the emissions control fund created in section 5521. See Michigan Laws 324.5501 Fundable range: means those projects, taken in descending order on the priority list, for which the department estimates sufficient funds exist to provide assistance during each annual funding cycle. See Michigan Laws 324.5402 General permit: means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment. See Michigan Laws 324.3302 Generally accepted agricultural and management practices: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.5501 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters: means all waters of this state, except navigable waters. See Michigan Laws 324.44501 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lake management plan: means a document that contains all of the following:
(i) A description of the physical, chemical, and biological attributes of a waterbody. See Michigan Laws 324.3302Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legacy: A gift of property made by will. Lien: A claim against real or personal property in satisfaction of a debt. Livery boat: means a vessel, other than a nonmotorized raft, that is rented or offered for rent by a boat livery or a boat owner or his or her agent if the boat livery or boat owner or his or her agent relinquishes or offers to relinquish complete physical control of the vessel to the renter while retaining legal title to the vessel. See Michigan Laws 324.44501 local unit: means a municipality or county. See Michigan Laws 324.301 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 8.3j Municipality: means a city, village, county, township, authority, public school district, or other public body with taxing authority, including an intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5402 Municipality: means a city, village, or township. See Michigan Laws 324.301 Navigable waters: means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers. See Michigan Laws 324.44501 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operate: when used with reference to a vessel, means to start any propulsion engine or to physically control the motion, direction, or speed of the vessel. See Michigan Laws 324.44501 Owner: when used in reference to a vessel, means a person who claims lawful possession of the vessel by virtue of legal title or an equitable interest in a vessel that entitles that person to possession of the vessel. See Michigan Laws 324.44501 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Passenger: means an individual carried on board a charter boat except any of the following:
(i) The owner of the vessel or the owner's agent. See Michigan Laws 324.44501Peace officer: means a sheriff or sheriff's deputy; village or township marshal; officer of the police department of any city, village, or township; officer of the Michigan state police; or other police officer or law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.44501 Person: means any individual, firm, partnership, association, and corporation. See Michigan Laws 3.161 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Personal property: All property that is not real property. Political subdivision: shall mean any agency or unit of this state which now is, or hereafter shall be, authorized to levy taxes or empowered to cause taxes to be levied. See Michigan Laws 3.221 Priority list: means the annual ranked listing of projects developed by the department in section 5406. See Michigan Laws 324.5403 Process equipment: means all equipment, devices, and auxiliary components, including air pollution control equipment, stacks, and other emission points, used in a process. See Michigan Laws 324.5501 Project: means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
(i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5403Project: shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States located within a political subdivision, and shall include the persons inhabiting such project. See Michigan Laws 3.221 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Schedule of compliance: means , for a source not in compliance with all applicable requirements of this part, rules promulgated under this part, and the clean air act at the time of issuance of an operating permit, a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an applicable requirement and a schedule for submission of certified progress reports at least every 6 months. See Michigan Laws 324.5501 Services: shall mean such public and municipal functions as are performed for property in, and for persons residing within, a political subdivision. See Michigan Laws 3.221 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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 8.4c Source: means a stationary source as defined in 42 USC 7602, and has the same meaning as stationary source when used in comparable or applicable circumstances under the clean air act. See Michigan Laws 324.5501 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o supplier: means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. See Michigan Laws 324.5403 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion. See Michigan Laws 324.44501 Violation of this part: means a violation of a provision of this part or a permit, certificate of coverage, or order issued under or rule promulgated under this part. See Michigan Laws 324.3302 waterbody: means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state including the Great Lakes bordering this state. See Michigan Laws 324.3302 Waters of the state: means any waters within the territorial limits of this state and includes those waters of the Great Lakes which are under the jurisdiction of this state. See Michigan Laws 324.44501 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.44501