Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article III > Chapter 1 > THE GREAT LAKES > Part 337 - Flood, Drainage, and Beach Erosion Control

• Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
• Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.21502
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502
• Auction: means the sale or offer for sale by bidding of real or personal property at a public or private location. See Michigan Laws 324.82101
• Auctioneer: means a person that is engaged in the business of conducting auctions or that offers to conduct an auction for compensation. See Michigan Laws 324.82101
• Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board: means the board of directors of the authority. See Michigan Laws 324.21502
• 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 324.21502
• 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 324.21502
• Bulk transfer: means a transfer of refined petroleum or a refined petroleum product from, or purchase for resale by, a refiner, pipeline terminal operator, supplier, or marine terminal operator to or from another refiner, pipeline terminal operator, supplier, or marine terminal operator through pipeline tender or marine delivery, including pipeline movements of refined petroleum or a refined petroleum product from 1 or more marine vessel movements of refined petroleum or a refined petroleum product. See Michigan Laws 324.21502
• Bulk transfer terminal system: means the refined petroleum or refined petroleum product distribution system consisting of refineries, pipelines, marine vessels, and terminals and includes refined petroleum or refined petroleum product storage tanks and refined petroleum or refined petroleum product storage facilities that are part of a refinery, boat terminal transfer, or terminal owned, operated, or controlled by a refiner, marine terminal operator, or pipeline terminal operator. See Michigan Laws 324.21502
• Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502
• Claim period: means a 1-year period commencing on October 1 of each year and ending on September 30 the following year. See Michigan Laws 324.21502
• Claims limit: means $1,000,000. See Michigan Laws 324.21502
• Closed session: means a meeting or part of a meeting of a public body that is closed to the public. See Michigan Laws 15.262
• 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.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Contract: A legal written agreement that becomes binding when signed.
• Controls: means the possession or the contingent or noncontingent right to acquire possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities or interests, by contract, other than a commercial contract for goods or nonmanagement services, by pledge of securities, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Michigan Laws 324.21502
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• 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.
• 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 324.21302
• Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• 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 15.262
• Department: means the department of environmental quality. See Michigan Laws 324.21502
• 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
• Dependent: A person dependent for support upon another.
• Director: means the director of the department of natural resources. See Michigan Laws 324.301
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.21502
• 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 324.21502
• 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.
• 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 324.21502
• 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.
• 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
• Indemnification: means indemnification of an owner or operator for a legally enforceable judgment entered against the owner or operator by a third party, or a legally enforceable settlement entered between the owner or operator and a third party, compensating that third party for bodily injury or property damage, or both, caused by an accidental release as those terms are defined in R 29. See Michigan Laws 324.21502
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Law of another state: means a law or ordinance enacted by any of the following: