Michigan Laws > Chapter 324 > Act 451 of 1994 > Article III > Chapter 3 > Subchapter 4 – Mineral Mining
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Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article III > Chapter 3 > Subchapter 4 - Mineral Mining
- Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
- Accessible and available market: means that opportunities exist to sell wastepaper products that are collected pursuant to this part at rates and at locations that make it fiscally reasonable to collect that paper. See Michigan Laws 324.16501
- Accessory: means any accessory, equipment, additional part or replacement part for a vehicle for which a certificate of title is required to be issued under this act. See Michigan Laws 257.1a
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Active cell-unit: means a cell-unit set forth in the approved progressive cell-unit mining and reclamation plan provided for in section 63706(1), in which vegetation and topsoil have been removed in preparation for sand dune mining or sand removal has been initiated after the date of issuance of the sand dune mining permit. See Michigan Laws 324.63701
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administratively complete: describes an application for a mining permit under this part that contains all of the documents and information required under this part and any rules promulgated under this part. See Michigan Laws 324.63201
- Administratively complete: refers to an application for a mining permit under this part that includes the fee and all of the documents and other information required under this part and any rules promulgated under this part. See Michigan Laws 324.63401
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affected area: means an area outside of the mining area where the land surface, surface water, groundwater, or air resources are determined through an environmental impact assessment to be potentially affected by mining operations within the proposed mining area. See Michigan Laws 324.63201
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Age: means chronological age except as otherwise provided by law. See Michigan Laws 37.2103
- Agency: means a department of this state or a local department or agency, including public departments or agencies in a county, city, village, or township that in the course of conducting its business has or maintains access to federal information databases. See Michigan Laws 15.652
- Agency: means a governmental agency. See Michigan Laws 15.671
- Agricultural biomass: means residue and waste generated on a farm or by farm co-operative members from the production and processing of agricultural products, animal wastes, food processing wastes, or other materials as approved by the director. See Michigan Laws 324.14501
- agricultural drain: means a human-made conveyance of water that meets all of the following requirements:
(a) Does not have continuous flow. See Michigan Laws 324.30305Allegation: something that someone says happened. Altered or degraded wetland: means wetland that meets any of the following criteria:
(i) Has been partially or fully drained, such as by ditching, tiling, or pumping. See Michigan Laws 324.30301Amendment: 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Appraisal: A determination of property value. 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 Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Automotive recycler: means that term as defined in section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.16901 Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Barrier dune: means the first landward sand dune formation along the shoreline of a Great Lake or a sand dune formation designated by the department. See Michigan Laws 324.63701 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Beneficiation: means to process sand for any of the following purposes, but does not include the drying process:
(i) Regulating the grain size of the desired product. See Michigan Laws 324.63701Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 4.2006 Board: means board of county road commissioners. See Michigan Laws 324.35701 Board: means the state historical records advisory board. See Michigan Laws 24.401 Bond: means a performance bond from a surety company authorized to transact business in this state, a certificate of deposit, a cash bond, or an irrevocable letter of credit, in favor of the department. See Michigan Laws 324.16901 Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101 Bulkhead line: means a line that is established pursuant to this part beyond which dredging, filling, or construction of any kind is not allowed without a permit. See Michigan Laws 324.30101 Cell-unit: means a subunit of the total sand dune mining project as determined in size and location by the operator. See Michigan Laws 324.63701 citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c Collection site: means , subject to subdivision (e), a site consisting of a parcel or adjacent parcels of real property where any of the following are accumulated:
(i) 500 or more scrap tires. See Michigan Laws 324.16901Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942 Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.2103 Commission: means the commission of natural resources. See Michigan Laws 324.301 Commodity: means crumb rubber, tire chips, a ring or slab cut from a tire for use as a weight, or a product die-cut or punched from a tire, or any other product that, as determined by the department based on the product's production cost and value, is not likely to result in an accumulation, at the site of production or use, that poses a threat to public health or the environment. See Michigan Laws 324.16901 Commodity storage area: means 1 or more locations within a collection site where a commodity is stored. See Michigan Laws 324.16901 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community cleanup site: means a site owned by a local unit of government or nonprofit organization that has received a scrap tire cleanup grant under section 16908(2)(c) and uses this site for the purpose of collecting scrap tires from residents as part of a community cleanup day or resident drop off. See Michigan Laws 324.16901 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. Conformance bond: means a surety bond that has been executed by a surety company authorized to do business in this state, cash, a certificate of deposit, a letter of credit, or other security filed by a person and accepted by the department to ensure compliance with this part or rules promulgated under this part. See Michigan Laws 324.63401 Conformance bond: means a surety bond that is executed by a surety company authorized to do business in this state, cash, certificates of deposit, letters of credit, or other securities that are filed by an operator to ensure compliance with this part, rules promulgated under this part, or conditions of a sand dune mining permit. See Michigan Laws 324.63701 Containers: means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. See Michigan Laws 324.16301 Continuance: Putting off of a hearing ot trial until a later time. 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. Crumb rubber: means rubber material derived from tires that is less than 1/8 inch by 1/8 inch in size and is free of steel and fiber. See Michigan Laws 324.16901 Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data transfer: means the copying or transmission of electronic information that does not alter the content, context, or structure of a record from 1 medium to another medium. See Michigan Laws 24.401 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16101 Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16301 Department: means the department of environmental quality. See Michigan Laws 324.63101 Department: means the department of civil rights or its employees. See Michigan Laws 37.2103 Department: means the department of environmental quality. See Michigan Laws 324.63201 Department: means the department of environmental quality. See Michigan Laws 324.63401 department: means the department of natural resources. See Michigan Laws 324.35801 Department: means the department of environmental quality. See Michigan Laws 324.30101 Department: means the department of environmental quality. See Michigan Laws 324.14501 Department: means the department of environmental quality. See Michigan Laws 324.30301 Department: means the department of environmental quality. See Michigan Laws 324.16901 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 Department: means the department of history, arts, and libraries. See Michigan Laws 24.401 Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301 Departments: means the departments of natural resources, environmental quality, and transportation. See Michigan Laws 24.422 Dependent: A person dependent for support upon another. Devise: To gift property by will. Digital imaging: means the techniques for capturing, recording, processing, storing, transferring, and using images of records electronically. See Michigan Laws 24.401 Digital migration: means the conversion of digital information from an existing format to another format that maintains the content, context, and structure of a record. See Michigan Laws 24.401 Digitization: means the conversion of information into digitally coded electronic images suitable for electronic storage. See Michigan Laws 24.401 Director: means the director of the department of environmental quality. See Michigan Laws 324.14501 Director: means the director of the department. See Michigan Laws 324.30301 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: educational institution: means a public or private institution, or a separate school or department thereof, and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution. See Michigan Laws 37.2401 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 168.2 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 168.654 Eligible farmer or agricultural processor: means a person who processes agricultural products or a person who is engaged as an owner-operator of a farm in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208. See Michigan Laws 324.14501 Emergency management coordinator: means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 324.63201 Employee: means an individual employed by this state, an individual working for a private business entity under contract with this state, an individual working for a private business entity under contract with a county, city, village, or township, or an individual who is employed by a county, city, village, or township. See Michigan Laws 15.652 Employee or agent: means any of the following:
(i) An individual who is employed by, or under contract with, an agency. See Michigan Laws 15.671Employer: means a person who has 1 or more employees, and includes an agent of that person. See Michigan Laws 37.2201 Employment agency: means a person regularly undertaking with or without compensation to procure, refer, recruit, or place an employee for an employer or to procure, refer, recruit, or place for an employer or person the opportunity to work for an employer and includes an agent of that person. See Michigan Laws 37.2201 End-user: means any of the following:
(i) A person who possesses a permit to burn tires under part 55. See Michigan Laws 324.16901Environmental audit: means a voluntary and internal evaluation conducted on or after the effective date of this part of 1 or more facilities or an activity at 1 or more facilities regulated under state, federal, regional, or local laws or ordinances, or of environmental management systems or processes related to the facilities or activity, or of a previously corrected specific instance of noncompliance, that is designed to identify historical or current noncompliance and prevent noncompliance or improve compliance with 1 or more of those laws, or to identify an environmental hazard, contamination, or other adverse environmental condition, or to improve an environmental management system or process. See Michigan Laws 324.14801 Environmental audit report: means a document or a set of documents, each labeled at the time it is created "environmental audit report: privileged document" and created as a result of an environmental audit. See Michigan Laws 324.14801 Environmental elements: means the biological, physical, and chemical characteristics of the environment, including but not limited to the following:
(i) Watersheds. See Michigan Laws 324.63701Equitable: 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. 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. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Expand: means to occupy a larger area of an inland lake or stream than authorized by a permit issued under this part for marina mooring structures and watercraft moored at the marina. See Michigan Laws 324.30101 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Familial status: means 1 or more individuals under the age of 18 residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. See Michigan Laws 37.2103 Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.16901 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 324.16901 Federal tax information: means any information created by the recipient that is derived from federal return or return information received from the Internal Revenue Service or obtained through a secondary source such as the Social Security Administration, Federal Office of Child Support Enforcement, Bureau of the Fiscal Service, or Centers for Medicare and Medicaid Services, or another entity acting on behalf of the Internal Revenue Service pursuant to an agreement under section 6103 of the internal revenue code, 26 USC 6103. See Michigan Laws 15.652 Feed storage location: means a location on a parcel or adjacent parcels of real property containing a farm operation where not more than 3,000 scrap tires are used to secure stored feed. See Michigan Laws 324.16901 Ferrous product: means a commercially salable ferrous mineral in its final marketable form or state. See Michigan Laws 324.63101 Fiduciary: A trustee, executor, or administrator. Fill material: means soil, rocks, sand, waste of any kind, or any other material that displaces soil or water or reduces water retention potential. See Michigan Laws 324.30301 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 8.3t 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Former wetland: means land that was wetland but that has been modified to the point that it no longer has the hydrologic characteristics of wetland. See Michigan Laws 324.30301 Fraud: Intentional deception resulting in injury to another. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Fund: means the Michigan state capitol historic site fund created in section 7. See Michigan Laws 4.1942 Fund: means the nonferrous metallic mineral surveillance fund created in section 63217. See Michigan Laws 324.63201 Fund: means the small native copper mine surveillance fund created in section 63415. See Michigan Laws 324.63401 Fund: means the land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101 Fund: means the scrap tire regulatory fund created in section 16908. See Michigan Laws 324.16901 Gender identity or expression: means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual's assigned sex at birth. See Michigan Laws 37.2103.amended general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 Government action: means any of the following:
(i) A decision on an application for a permit or license. See Michigan Laws 24.422Great Lakes: means any of the Great Lakes that have a shoreline within this state. See Michigan Laws 324.63701 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. HDPE: means high density polyethylene. See Michigan Laws 324.16101 Height of the dam: means the difference in elevation measured vertically between the natural bed of an inland lake or stream at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less. See Michigan Laws 324.30101 Housing accommodation: includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of 1 or more persons. See Michigan Laws 37.2501 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 168.2 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 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 lake or stream: means either of the following:
(i) An artificial or natural lake, pond, or impoundment that is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362. See Michigan Laws 324.30101Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interim cell-unit status: means a cell-unit as set forth in an approved progressive cell-unit mining and reclamation plan provided for in section 63706(1), in which all sand dune mining and reclamation within the cell-unit has been completed, but the vegetation has not sustained itself through 1 full growing season. See Michigan Laws 324.63701 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. 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. Label: means a molded, imprinted, or raised symbol on or near the bottom of a plastic product. See Michigan Laws 324.16101 Labor organization: includes :
(i) An organization of any kind, an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. See Michigan Laws 37.2201Landfill: means a landfill as defined in section 11504 that is licensed under part 115. See Michigan Laws 324.16901 Law enforcement officer: means any 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 324.16901 LDPE: means low density polyethylene. See Michigan Laws 324.16101 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Life of the mine: means the period of time from issuance of a permit under this part through the completion of reclamation as required by this part. See Michigan Laws 324.63101 Life of the mine: means the period from initiation of mining activities through the completion of reclamation. See Michigan Laws 324.63401 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. local unit: means a municipality or county. See Michigan Laws 324.301 major political party: means each of the 2 political parties whose candidate for the office of secretary of state received the highest and second highest number of votes at the immediately preceding general election in which a secretary of state was elected. See Michigan Laws 168.16 Majority leader: see Floor Leaders Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101 Metallic product: means a commercially salable mineral produced primarily for its nonferrous metallic mineral content in its final marketable form or state. See Michigan Laws 324.63201 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 mineral: means ferrous ore or material mined for its ferrous content. See Michigan Laws 324.63101 mining: means an operation to excavate or remove earth material that generates not less than 10,000 tons and not more than 75,000 tons of waste rock in a calendar year or disturbs not less than 1 acre and not more than 10 acres of land in a calendar year in the regular operation of a business for the primary purpose of extracting native copper by 1 or both of the following:
(i) Removing the overburden lying above natural deposits of native copper and excavating directly from the natural deposits thus exposed or by excavating directly from deposits lying exposed in their natural state. See Michigan Laws 324.63401Mining area: means an area of land from which earth material is removed in connection with nonferrous metallic mineral mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment plants and auxiliary facilities are located, the lands on which the water reservoirs used in the nonferrous metallic mineral mining process are located, and auxiliary lands that are used in connection with the mining. See Michigan Laws 324.63201 Mining area: means all of the following:
(i) Land from which material is removed by surface or open pit mining methods. See Michigan Laws 324.63401Mining operation: means a ferrous mineral mining operation. See Michigan Laws 324.63101 Mining permit: means a permit issued under this part for conducting nonferrous metallic mineral mining and reclamation operations. See Michigan Laws 324.63201 Minor drainage: includes ditching and tiling for the removal of excess soil moisture incidental to the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in established use for agriculture, horticulture, silviculture, or lumbering. See Michigan Laws 324.30301 Minor offense: means either of the following violations of this part if the project involved in the offense is a minor project or the department determines that restoration of the affected property is not required:
(i) The failure to obtain a permit under this part. See Michigan Laws 324.30101month: 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 Mooring structures: means structures used to moor watercraft, including, but not limited to, docks, piers, pilings, mooring anchors, lines and buoys, and boat hoists. See Michigan Laws 324.30101 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motor oil: means oil used as a lubricant in a motor vehicle. See Michigan Laws 324.16701 Municipality: means a city, village, or township. See Michigan Laws 324.301 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC National origin: includes the national origin of an ancestor. See Michigan Laws 37.2103 Nationwide permit: means a nationwide permit issued by the United States Army Corps of Engineers under 72 FR 11091 to 11198 (March 12, 2007), including all general conditions, regional conditions, and conditions imposed by this state pursuant to a water quality certification under section 401 of title IV of the federal water pollution control act, 33 USC 1341, or a coastal zone management consistency determination under section 307 of the coastal zone management act of 1972, 16 USC 1456. See Michigan Laws 324.30301 Native copper: means copper in its elemental form. See Michigan Laws 324.63401 Native vegetation: means original or indigenous plants of this state including trees, shrubs, vines, wild flowers, aquatic plants, or ground cover. See Michigan Laws 324.35701 Natural: means in a state provided by nature, without human-made changes, wild, or uncultivated. See Michigan Laws 324.35701 Net increase in wetland functions and services: means an increase in 1 or more wetland functions and services with not more than a minimal decrease in other wetland functions and services. See Michigan Laws 324.30301 Nonferrous metallic mineral: means any ore or material to be excavated from the natural deposits on or in the earth for its metallic content, but not primarily for its iron or iron mineral content, to be used for commercial or industrial purposes. See Michigan Laws 324.63201 Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205 Notice of objection: means the record adopted by the committee that indicates the committee's formal objection to a proposed rule. See Michigan Laws 24.205 Oath: A promise to tell the truth. 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 8.3k 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. Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205 Oil: means petroleum based oil. See Michigan Laws 324.16701 operator: means a person who owns or leases the plant and equipment utilized in a mining area and is engaged in the business of mining ferrous minerals or preparing to engage in mining operations. See Michigan Laws 324.63101 operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for nonferrous metallic minerals, whether individually or jointly, or through agents, employees, or contractors. See Michigan Laws 324.63201 Operator: means a person that is engaged in or preparing to engage in mining activities, whether individually or jointly, or through agents, employees, or contractors, and that has overall responsibility for the mining activities. See Michigan Laws 324.63401 Operator: means an owner or lessee of mineral rights or any other person engaged in or preparing to engage in sand dune mining activities with respect to mineral rights within a sand dune area. See Michigan Laws 324.63701 Opioid antagonist: means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the United States Food and Drug Administration for the treatment of drug overdose. See Michigan Laws 15.671 Opioid-related overdose: means a condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or that a reasonable person would believe to be an opioid-related overdose that requires medical assistance. See Michigan Laws 15.671 Ordinary high-water mark: means the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. See Michigan Laws 324.30101 Ordinary high-water mark: means the ordinary high-water mark as specified in section 32502. See Michigan Laws 324.30301 OTHER: means multilayer. See Michigan Laws 324.16101 outdoors: means in a place other than a building or covered vehicle. See Michigan Laws 324.16901 parent: includes a person who is pregnant. See Michigan Laws 37.2103 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. Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205 permit: means a permit issued under section 63405 for conducting mining activities. See Michigan Laws 324.63401 Permittee: means a person who holds a mining permit. See Michigan Laws 324.63201 Permittee: means a person that holds a mining permit. See Michigan Laws 324.63401 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 4.1942 Person: means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, the state or a political subdivision of the state or an agency of the state, or any other legal or commercial entity. See Michigan Laws 37.2103 Person: means any natural person, corporation, association, partnership, receiver, trustee, judiciary or common law trust, guardian, executor, administrator, or fiduciary of any kind. See Michigan Laws 324.63301 Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205 Person: means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, an instrumentality or agency of this state, the federal government, an instrumentality or agency of the federal government, or other legal entity. See Michigan Laws 324.30301 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Personal property: All property that is not real property. PETE: means polyethylene terephthalate. See Michigan Laws 324.16101 Place of public accommodation: means a business, or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. See Michigan Laws 37.2301 Plaintiff: The person who files the complaint in a civil lawsuit. Plastic: means any material made of polymeric organic compounds and additives that can be shaped by flow. See Michigan Laws 324.16101 Plastic bottle: means a rigid plastic container with a capacity of 16 ounces or more that has a neck that is smaller than the body of the container. See Michigan Laws 324.16101 Plastic product: means a plastic bottle and any other rigid plastic container. See Michigan Laws 324.16101 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Political subdivision: means a county, city, village, township, school district, or special district or authority of the state. See Michigan Laws 37.2103 Political subdivision: means a municipal corporation, county, county road commission, school district, community college district, public library, port district, metropolitan district, or transportation authority or a combination of 2 or more of these when acting jointly; a district or authority authorized by law or formed by 1 or more political subdivisions; or an agency, department, court, board, or council of a political subdivision. See Michigan Laws 15.671 Pollution prevention: means all of the following:
(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501Portable shredding operation: means a person who operates scrap tire shredding equipment that produces a commodity or tire shreds and that can be moved from site to site. See Michigan Laws 324.16901 Postclosure monitoring period: means a period following closure of a nonferrous metallic mineral mine during which the permittee is required to conduct monitoring of groundwater and surface water. See Michigan Laws 324.63201 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. 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 168.7 Privilege: means the privilege provided to an environmental audit report as provided in this part. See Michigan Laws 324.14801 Probate: Proving a will Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public service: means a public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of the state, a political subdivision, or an agency thereof or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment. See Michigan Laws 37.2301 Qualified agricultural energy production system: means the structures, equipment, and apparatus to be used to produce a gaseous fuel from the noncombustive decomposition of agricultural biomass and the apparatus and equipment used to generate electricity or heat from the gaseous fuel or store the gaseous fuel for future generation of electricity or heat. See Michigan Laws 324.14501 Quorum: The number of legislators that must be present to do business. Racecourse: means a commercially operated track for go-carts, off-road recreational vehicles, motorcycles, or other vehicles that uses scrap tires as bumpers along the track for safety purposes and that meets 1 or more of the following requirements:
(i) Uses not more than 3,000 scrap tires for bumpers. See Michigan Laws 324.16901Rare and imperiled wetland: means any of the following:
(i) Great Lakes marsh. See Michigan Laws 324.30301Real estate broker or salesman: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property; who negotiates or attempts to negotiate any of those activities; who holds himself out as engaged in those activities; who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property; who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of a real estate broker or salesman. See Michigan Laws 37.2501 Real estate broker or salesperson: means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property; who negotiates or attempts to negotiate any of those activities; who holds oneself out as engaged in those activities; who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property; who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of a real estate broker or salesperson. See Michigan Laws 37.2501.amended Real estate transaction: means the sale, exchange, rental, or lease of real property, or an interest therein. See Michigan Laws 37.2501 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Real property: includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium. See Michigan Laws 37.2501 Reconfigure: means to, without expanding the marina, do either of the following:
(i) Change the location of the dock or docks and other mooring structures at the marina to occupy an area of the inland lake or stream that was not previously authorized by a permit issued under this part. See Michigan Laws 324.30101Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205 Recycle: means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to utilize used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound, and complies with the law, rules, and regulations of this state and the United States. See Michigan Laws 324.16701 Recycled paper: means a paper product that contains not less than 50% wastepaper. See Michigan Laws 324.16501 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). 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 168.11 Retailer: means a person who sells or offers for sale new, retreaded, or remanufactured tires to consumers in this state. See Michigan Laws 324.16901 RETAP: means the retired engineers technical assistance program created in section 14511. See Michigan Laws 324.14501 Retreader: means a person who retreads, recases, or recaps tire casings for reuse. See Michigan Laws 324.16901 Return: means any tax or information return, estimated tax declaration, or refund claim, and includes amendments, supplements, supporting schedules, attachments, or lists required by or permitted under the internal revenue code and filed with the Internal Revenue Service by, on behalf of, or with respect to any person or entity. See Michigan Laws 15.652 Return information: means any information collected or generated by the Internal Revenue Service with regard to any person's liability or possible liability under the internal revenue code. See Michigan Laws 15.652 Rigid plastic container: means any container composed predominantly of plastic resin and having a relatively inflexible finite shape or form that directly holds a substance or material and has a capacity of 8 ounces or more. See Michigan Laws 324.16101 Riparian interest area: means that portion of an inland lake or stream over which a riparian owner has an ownership interest. See Michigan Laws 324.30101 Riparian owner: means a person who has riparian rights. See Michigan Laws 324.30101 Riparian rights: means those rights which are associated with the ownership of the bank or shore of an inland lake or stream. See Michigan Laws 324.30101 Royalty interest: means that share of the product or profit that the owner of the land or mineral rights in the land reserves or is entitled to, whether under a lease or under this part, in consideration of permitting the development of the mineral rights. See Michigan Laws 324.63301 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 24.422 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Sand dune area: means that area designated by the department that includes those geomorphic features composed primarily of sand, whether windblown or of other origin and that lies within 2 miles of the ordinary high-water mark on a Great Lake as defined in section 32502, and includes critical dune areas as defined in part 353. See Michigan Laws 324.63701 Sand dune mining: means the removal of sand from sand dune areas for commercial or industrial purposes, or both. See Michigan Laws 324.63701 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 168.4 Scrap tire: means a tire that is no longer being used for its original intended purpose including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. See Michigan Laws 324.16901 Scrap tire hauler: means a person who transports more than 10 scrap tires at once in a vehicle on a public road or street. See Michigan Laws 324.16901 Scrap tire processor: means either of the following:
(i) A person who is authorized by this part to accumulate scrap tires and is engaged in the business of buying or otherwise acquiring scrap tires and reducing their volume by shredding or otherwise facilitating recycling or resource recovery techniques for scrap tires. See Michigan Laws 324.16901seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nseal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a Seawall: means a vertically sloped wall constructed to break the force of waves and retain soil for the purpose of shore protection. See Michigan Laws 324.30101 Service of process: The service of writs or summonses to the appropriate party. 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. Sex: includes , but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth that does not include nontherapeutic abortion not intended to save the life of the mother. See Michigan Laws 37.2201 Sexual orientation: means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation. See Michigan Laws 37.2103.amended 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 Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 Solid waste hauler: means a solid waste hauler as defined in section 11506 who transports less than 25% by weight or volume of scrap tires along with other solid waste in any truckload to a disposal area licensed under part 115. See Michigan Laws 324.16901 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 168.4 State: means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. See Michigan Laws 15.671 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 Statute: A law passed by a legislature. Stockpile: means material, including, but not limited to, surface overburden, rock, or lean ore, that in the process of ferrous mineral mining and beneficiation or treatment has been removed from the earth and stored on the surface. See Michigan Laws 324.63101 Stockpile: means material, including, but not limited to, surface overburden, rock, or lean ore, that in the process of mining and beneficiation or treatment has been removed from the earth and stored on the surface. See Michigan Laws 324.63201 Storage requirements: means the requirements of section 16903(1) and, if applicable, (2). See Michigan Laws 324.16901 Street: means city street or village street. See Michigan Laws 324.35701 Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 Subpoena: A command to a witness to appear and give testimony. Supervisor of reclamation: means the department. See Michigan Laws 324.63101 Surface or open pit mining: means the mining of more than 10,000 tons of a ferrous mineral or disturbing more than 1 acre of land a year in the regular operation of a business either by removing the overburden lying above a natural deposit of a ferrous mineral and mining directly from the natural deposit exposed or by mining directly from a deposit lying exposed in the ferrous mineral's natural state. See Michigan Laws 324.63101 Tailings basin: means land on which is deposited, by hydraulic or other means, the material that is separated from the metallic product in the beneficiation or treatment of minerals and includes any surrounding dikes constructed to contain the material. See Michigan Laws 324.63201 taking: means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
(i) Amendment V or XIV of the constitution of the United States. See Michigan Laws 24.422Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a tractor or other farm machinery or of a vehicle. See Michigan Laws 324.16901 Tire storage area: means a location within a collection site where tires are accumulated. See Michigan Laws 324.16901 Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 4.2006 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101 Used oil: means oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Michigan Laws 324.16701 utility line: means any pipe or pipeline used for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone or telegraph messages, or radio or television communication. See Michigan Laws 324.30305 Vehicle: means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway. See Michigan Laws 324.16901 Vehicle support stand: means equipment used to support a stationary vehicle consisting of an inflated tire and wheel that is attached to another wheel. See Michigan Laws 324.16901 Venue: The geographical location in which a case is tried. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Voting accessibility for the elderly and handicapped act: means the voting accessibility for the elderly and handicapped act, 42 USC 1973ee to 1973ee-6. See Michigan Laws 168.18 Waste rock: means earth material that is excavated during mining, from which the economically recoverable native copper has been separated, and that is stored on the surface for 1 year or more. See Michigan Laws 324.63401 Wastepaper: means any discarded paper or corrugated paper board that is generated after the completion of the paper manufacturing process, and includes, but is not limited to, trimmings, printed paper, cutting and converting paper, newsprint, telephone books, catalogs, or other mixed postconsumer paper. See Michigan Laws 324.16501 Water dependent: means requiring access or proximity to or siting within an aquatic site to fulfill its basic purpose. See Michigan Laws 324.30301 Water table: means the surface in an unconfined aquifer at which the pressure is atmospheric. See Michigan Laws 324.63701 Wetland: means a land or water feature, commonly referred to as a bog, swamp, or marsh, inundated or saturated by water at a frequency and duration sufficient to support, and that under normal circumstances does support, hydric soils and a predominance of wetland vegetation or aquatic life. See Michigan Laws 324.30301 Wetland functions and services: means any of the following:
(i) Wetland hydrology that approximates the predisturbance condition or that emulates the natural condition of the wetland. See Michigan Laws 324.30301