Michigan Laws > Chapter 32 > Act 523 of 1980


§ 32.1016	Kinds of courts-martial
§ 32.1017	Attachment of court-martial jurisdiction and trial of accused during period of active state duty
§ 32.1018	General court-martial; jurisdiction; powers of punishment
§ 32.1019	Special court-martial; jurisdiction; powers of punishment
§ 32.1020	Summary court-martial; jurisdiction; objection by accused; sentences
§ 32.1021	Court-martial; sentencing person to confinement instead of imposing fine

Terms Used In Michigan Laws > Chapter 32 > Act 523 of 1980 > Article 4

Active state duty: means the actual weekend, annual training, or special call up duty in the state military forces and includes travel to and from the duty site or station. See Michigan Laws 32.1002
Ad valorem general property tax: means taxes levied under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51101
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.351
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.
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.
Agricultural property: means real property used for farming in any of its branches, including cultivating of soil; growing and harvesting of any agricultural, horticultural, or floricultural commodity; dairying; raising of livestock, bees, fish, fur-bearing animals, or poultry; turf and tree farming; or performing any practices on a farm as an incident to, or in conjunction with, these farming operations. See Michigan Laws 324.20101
All hazard incident: means an incident, whether natural or human-caused, that requires an organized response by a public, private, or governmental entity to protect life, public health or safety, or other values or to minimize any disruption of governmental, social, or economic services. See Michigan Laws 324.51501
Allegation: something that someone says happened.
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.
Ancillary facility: means any revolving credit agreement, agreement establishing a line of credit, or letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, call, or similar agreement to hedge payment, currency, commodity, rate, spread, or similar exposure; investment agreement; float agreement; forward agreement or other investment arrangement; insurance contract; surety bond; commitment to purchase or sell securities; purchase or sale agreement or commitment; or other contract or agreement or other security agreement approved by the authority under this act, including without limitation any arrangement referred to in this act. See Michigan Laws 12.272
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 8.3d
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
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.
Attorney general: means the department of the attorney general. See Michigan Laws 324.20101
Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 12.272
Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101
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.
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.
Board: means the board of directors of the authority. See Michigan Laws 12.272
Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101
Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 12.272
Bureau: means the legislative service bureau. See Michigan Laws 4.1102
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certified health department: means a city, county, or district department of health certified under section 11716. See Michigan Laws 324.11701
Certified prescribed burn manager: means an individual who has successfully completed the certification program of the department under section 51513 and possesses a valid certification number. See Michigan Laws 324.51501
Cesspool: means a cavity in the ground that receives waste to be partially absorbed directly or indirectly by the surrounding soil. See Michigan Laws 324.11701
city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
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 324.20101

commercial forestland: means forestland that is determined to be a commercial forest under section 51104. See Michigan Laws 324.51101

Commercial forestland: means commercial forestland that is enrolled under part 511. See Michigan Laws 324.51201

Commission: means the Michigan law revision commission. See Michigan Laws 4.1102

Commission: means the commission of agriculture and rural development. See Michigan Laws 324.51301

Commission: means the commission of natural resources. See Michigan Laws 324.301

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.

Compensation: means salaries. See Michigan Laws 4.511

Complainant: means a prisoner or legislator who files a complaint under section 4. See Michigan Laws 4.351

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.

Confinement: means the physical restraint of a person. See Michigan Laws 32.1002

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.

Council: means the legislative council. See Michigan Laws 4.1102

Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.351

Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dark sky preserve: means an area designated in section 75102. See Michigan Laws 324.75101

Decedent: A deceased person.

declassification: means the removal of the commercial forest designation pursuant to section 51116. See Michigan Laws 324.51101

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.

Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101

Department: means the department of environmental quality or its authorized agent. See Michigan Laws 324.11701

Department: means the department of treasury. See Michigan Laws 141.2103

Department: means the department of natural resources. See Michigan Laws 324.51201

Department: means the department of corrections. See Michigan Laws 4.351

Department: means the department of agriculture and rural development. See Michigan Laws 324.51301

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 natural resources. See Michigan Laws 324.51501

Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301

Dependent: A person dependent for support upon another.

Director: means director of the department of licensing and regulatory affairs, or his or her designee. See Michigan Laws 12.272

Director: means the director of the department of environmental quality. See Michigan Laws 324.20101

Director: means the director of the department of environmental quality or his or her designee. See Michigan Laws 324.11701

Director: means the director of the department or his or her designee. See Michigan Laws 324.51301

Director: means the director of the department of natural resources. See Michigan Laws 324.301

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 324.20101

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:

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 324.20101

Domestic purposes: refers to burning that is any of the following:

(i) A fire within the curtilage of a dwelling where the material being burned has been properly placed in a debris burner constructed of metal or masonry, with a metal covering device with openings no larger than 3/4 of an inch. See Michigan Laws 324.51501

Domestic septage: means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic sewage. See Michigan Laws 324.11701

Domestic sewage: means waste and wastewater from humans or household operations. See Michigan Laws 324.11701

Domestic treatment plant septage: means biosolids generated during the treatment of domestic sewage in a treatment works and transported to a receiving facility or managed in accordance with a residuals management program approved by the department. See Michigan Laws 324.11701

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

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121

Enforcement costs: means court expenses, reasonable attorney fees of the attorney general, and other reasonable expenses of an executive department that are incurred in relation to enforcement under this part. See Michigan Laws 324.20101

Enlisted member: means a person in an enlisted grade. See Michigan Laws 32.1002

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

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 324.20101

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}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

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 324.20101

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.

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 324.20101

Expenses: means expenses incurred by the legislator in connection with the discharge of his official duties. See Michigan Laws 4.511

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 324.20101

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.

Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101

Fiduciary: A trustee, executor, or administrator.

Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 12.272

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.

Flammable material: means any substance that will burn, including, but not limited to, refuse, debris, waste forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble, leaves, fallow land, slash, crops, or crop residue. See Michigan Laws 324.51501

Follow-up work: means forest practices to promote the survival of seeds or seedlings or the protection or enhancement of other work previously undertaken under this part. See Michigan Laws 324.51301

Food establishment septage: means material pumped from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant wastes and that is blended into a uniform mixture, consisting of not more than 1 part of that restaurant-derived material per 3 parts of domestic septage prior to land application or is disposed of at a receiving facility. See Michigan Laws 324.11701

Forbearance: A means of handling a delinquent loan. A

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}

Foreclosure: means possession by a lender of a property on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.20101

Forest improvement project: means any of the following:

(i) Production, processing, handling, storage, marketing, or transportation of forest resources, including sawmills, hardboard mills, power stations, warehouses, air and water pollution control equipment, and solid waste disposal facilities. See Michigan Laws 324.51301

Forest management plan: means a written plan prepared and signed by a registered forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. See Michigan Laws 324.51101

Forest practice: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301

Forest resources: means those products, uses, and values associated with forestland, including recreation and aesthetics, fish, forage, soil, timber, watershed, wilderness, and wildlife. See Michigan Laws 324.51301

Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:

(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth. See Michigan Laws 324.51101

Forestland: means that term as defined in part 511. See Michigan Laws 324.51201

Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and the owner of which agrees to develop, maintain, and actively manage the land as a private forest through planting, natural reproduction, or other silvicultural practices. See Michigan Laws 324.51301

Foundation: means the Michigan state parks foundation created in section 74302. See Michigan Laws 324.74301

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}

Fully shielded: means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above 15 degrees below the horizontal plane and also constructed so that the filament or light source is not visible to the naked eye when viewed from a point higher than 15 degrees below the horizontal plane. See Michigan Laws 324.75101

Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101

Fund: means the landfill maintenance trust fund created in section 11302 . See Michigan Laws 324.11301

Fund: means the septage waste program fund created in section 11717. See Michigan Laws 324.11701

Fund: means the commercial forest fund created under section 51112. See Michigan Laws 324.51101

Fund: means the private forestland enhancement fund created in section 51305. See Michigan Laws 324.51301

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing body: means the county board of commissioners of a county; the township board of a township; the council, common council, or commission of a city; the council, commission, or board of trustees of a village; the board of education or district board of a school district; the board of an intermediate school district; the board of trustees of a community college district; the county drain commissioner or drainage board of a drainage district; the board of the district library; the legislative body of a metropolitan district; the port commission of a port district; and, in the case of another governmental authority or agency, that official or official body having general governing powers over the authority or agency. See Michigan Laws 141.2103

Governmental unit: means a county, township, municipality, or regional authority. See Michigan Laws 324.11701

Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule. See Michigan Laws 32.1002

Grantor: The person who establishes a trust and places property into it.

grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e

Harvest: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301

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 324.20101

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

Incorporation: means the mechanical mixing of surface-applied septage waste with the soil. See Michigan Laws 324.11701

Injection: means the pressurized placement of septage waste below the surface of soil. See Michigan Laws 324.11701

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 response activity: means the cleanup or removal of a released hazardous substance or the taking of other actions, prior to the implementation of a remedial action, as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101

Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002

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.

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}

Legal material: means any of the following:

(i) The state constitution of 1963. See Michigan Laws 4.1121

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.351

Lender: means any of the following:

(i) A state or nationally chartered bank. See Michigan Laws 324.20101

Lien: A claim against real or personal property in satisfaction of a debt.

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

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 324.20101

Majority leader: see Floor Leaders

Method detection limit: means the minimum concentration of a hazardous substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix that contains the analyte. See Michigan Laws 324.20101

Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3 of the Michigan trust fund act, 2000 PA 489, MCL 12. See Michigan Laws 4.1850

Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002

Military judge: means a judge advocate designated as a military judge by the state judge advocate general or an official of a general or special court-martial appointed pursuant to section 26. See Michigan Laws 32.1002

Minority leader: See Floor Leaders

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

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipal security: means a security that when issued was not exempt from this act or former 1943 PA 202 by the provisions of this act or by former 1943 PA 202 or by the provisions of the law authorizing its issuance and that is payable from or secured by any of the following:

(i) Ad valorem real and personal property taxes. See Michigan Laws 141.2103

Municipality: means a county, township, city, village, school district, intermediate school district, community college district, metropolitan district, port district, drainage district, district library, or another governmental authority or agency in this state that has the power to issue a security. See Michigan Laws 141.2103

Municipality: means a city, village, or township. See Michigan Laws 324.301

NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101

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}

natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101

Natural resources professional: means a person who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part. See Michigan Laws 324.51101

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 324.20101

Nonindustrial private forestland: means a privately owned tract of land consisting of 20 or more acres, or the timber rights in the land if the timber rights have been severed, that has the productive capacity to grow on average not less than 20 cubic feet per acre per year and that meets either of the following conditions:

(i) For a tract of land that contains less than 40 acres, at least 80% of the land is occupied by forest tree species. See Michigan Laws 324.51301

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 the office of the legislative corrections ombudsman created under this act. See Michigan Laws 4.351

Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002

Official: means an official or employee of the department of corrections. See Michigan Laws 4.351

Official publisher: means :

(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121

Ombudsman: means the office of legislative corrections ombudsman. See Michigan Laws 4.351

Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 12.272

Operating plan: means a plan developed by a receiving facility for receiving septage waste that specifies at least all of the following:

(i) Categories of septage waste that the receiving facility will receive. See Michigan Laws 324.11701

Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101

Opioid advisory commission: means the opioid advisory commission created in section 851. See Michigan Laws 4.1850

Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Outstanding: means with respect to bonds, all bonds except those that have been paid in full at maturity or that are not outstanding under the terms of the applicable authority resolution, trust indenture, or trust agreement authorizing the issuance of the bonds. See Michigan Laws 12.272

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means a person who owns a facility. See Michigan Laws 324.20101

Owner: means a person who holds title to the surface estate of forestland subject to this part. See Michigan Laws 324.51101

Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101

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.

Pathogen: means a disease-causing agent. See Michigan Laws 324.11701

Peace officer: means a sheriff or sheriff's deputy, a village or township marshal, an officer of the police department of any city, village, or township, any officer of the Michigan state police, any peace 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 324.11701

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 324.20101

Person: means an individual, corporation, limited or general partnership, association, joint venture, limited liability company, or a governmental entity, including this state. See Michigan Laws 12.272

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

person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101

Personal property: All property that is not real property.

Personal use: means use for any noncommercial purpose. See Michigan Laws 324.51101

Portable toilet: means a receptacle for human waste temporarily in a location for human use. See Michigan Laws 324.11701

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 324.20101

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 324.20101

prescribed burning: means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels. See Michigan Laws 324.51501

Prescription: means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn. See Michigan Laws 324.51501

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

Primary public safety answering point: means that term as defined in section 102 of the emergency 9-1-1 service enabling act, 1986 PA 32, MCL 484. See Michigan Laws 324.51501

Prisoner: means a person committed to or under the jurisdiction of the department. See Michigan Laws 4.351

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

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.

Qualified forester: means that term as it is defined in section 7jj of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51301

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Receiving facility: means a structure that is designed to receive septage waste for treatment at a wastewater treatment plant or at a research, development, and demonstration project authorized under section 11511b to which the structure is directly connected, and that is available for that purpose as provided for in an ordinance of the local unit of government where the structure is located or in an operating plan. See Michigan Laws 324.11701

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 4.1121

Registered forester: means a person registered under part 535. See Michigan Laws 324.51101

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 324.20101

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.

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 324.20101

Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101

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

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 324.20101

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 324.20101

Response activity: means response activity as defined in part 201. See Michigan Laws 324.11301

Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

Sanitary sewer cleanout septage: means sanitary sewage or cleanout residue removed from a separate sanitary sewer collection system that is not land applied and that is transported by a vehicle licensed under this part elsewhere within the same system or to a receiving facility that is approved by the department. See Michigan Laws 324.11701

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

Security: means an evidence of debt such as a bond, note, contract, obligation, refunding obligation, certificate of indebtedness, or other similar instrument issued by a municipality, which pledges payment of the debt by the municipality from an identified source of revenue. See Michigan Laws 141.2103

Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.20101

Septage waste: means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin that is removed from a wastewater system. See Michigan Laws 324.11701

Septage waste servicing license: means a septage waste servicing license as provided for under section 11703 and 11706. See Michigan Laws 324.11701

Septage waste vehicle: means a vehicle that is self-propelled or towed and that includes a tank used to transport septage waste. See Michigan Laws 324.11701

Septage waste vehicle license: means a septage waste vehicle license as provided for under section 11704 and 11706. See Michigan Laws 324.11701

Septic tank: means a septic toilet, chemical closet, or other enclosure used for the decomposition of domestic sewage. See Michigan Laws 324.11701

service area: means the territory for which a receiving facility has the capacity and is available to receive and treat septage waste, except that the geographic service area of a receiving facility shall not extend more than 25 radial miles from the receiving facility. See Michigan Laws 324.11701

Service of process: The service of writs or summonses to the appropriate party.

servicing: means cleaning, removing, transporting, or disposing, by application to land or otherwise, of septage waste. See Michigan Laws 324.11701

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

Silvicultural practices: means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products. See Michigan Laws 324.51101

Site: means a location or locations on a parcel or tract, as those terms are defined in section 102 of the land division act, 1967 PA 288, MCL 560. See Michigan Laws 324.11701

Site permit: means a permit issued under section 11709 authorizing the application of septage waste to a site. See Michigan Laws 324.11701

Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101

Stamp sands: means finely grained crushed rock resulting from mining, milling, or smelting of copper ore and includes native substances contained within the crushed rock and any ancillary material associated with the crushed rock. See Michigan Laws 324.20101

State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 4.1121

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

State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74301

State treasurer: means the state treasurer of this state or his or her designee, if the designee is authorized to exercise delegated signatory power for purposes of this act in a written instrument signed by the state treasurer and maintained in a permanent file. See Michigan Laws 12.272

Statute: A law passed by a legislature.

Storage facility: means a structure that receives septage waste for storage but not for treatment. See Michigan Laws 324.11701

Subpoena: A command to a witness to appear and give testimony.

Sustainable forest conservation easement: means a conservation easement described in section 2140 on commercial forestland that is approved by the department and meets all of the following:

(i) Is an easement granted in perpetuity to this state, a political subdivision of this state, or a charitable organization described in section 501(c)(3) of the internal revenue code, 26 USC 501, that also meets the requirements of section 170(h)(3) of the internal revenue code, 26 USC 170. See Michigan Laws 324.51201

Tank: means an enclosed container placed on a septage waste vehicle to carry or transport septage waste. See Michigan Laws 324.11701

Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101

Technical assistance: means direct on-site assistance provided to individuals. See Michigan Laws 324.51301

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

this part: includes "rules promulgated under this part". See Michigan Laws 324.20101

threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101

Timber: means wood growth, mature or immature, growing or dead, standing or down. See Michigan Laws 324.51301

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trustee: A person or institution holding and administering property in trust.

Unit: means a regularly organized body of the military that is not larger than a company or squadron. See Michigan Laws 32.1002

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101

village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9

Wetland: means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh. See Michigan Laws 324.51501