Michigan Laws > Chapter 380 > Act 451 of 1976 > Article 1
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Terms Used In Michigan Laws > Chapter 380 > Act 451 of 1976 > Article 1
- Abandoned scrap tires: means an accumulation of scrap tires on property where the property owner is not responsible in whole or in part for the accumulation of the scrap tires. See Michigan Laws 324.16901
- Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
- Absent voter ballot: means a ballot that is issued to a voter through the absentee voter process. See Michigan Laws 168.2
- absent voter ballot secrecy envelope container: means a container described in section 24k that is used for storing and securing absent voter ballot secrecy envelopes that are removed from the absent voter ballot return envelopes on the Sunday and Monday before election day as provided in section 765. See Michigan Laws 168.14b
- Acknowledgment: means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the record with the proper authority and signed it as the act of the person identified in the record. See Michigan Laws 55.263
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adulterated: means adulterated as determined under the Michigan food law of 1968, Act No. See Michigan Laws 10.121
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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 324.30305Agricultural purpose: means the agricultural production of plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. See Michigan Laws 324.32701 Agricultural use: means property that is substantially devoted to the production of plants and animals useful to people, including forages and sod crops; grains and feed crops; dairy and dairy products; poultry; livestock, including breeding and grazing; fish; timber; fruits; vegetables; flowers; Christmas trees; plants or trees grown in an agricultural nursery; and other similar uses and activities. See Michigan Laws 205.221 Alkaline manganese battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte. See Michigan Laws 324.17101 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. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. 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. Appliance: means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. See Michigan Laws 324.17201 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. Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated facilities: means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects. See Michigan Laws 324.71101 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 ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101 Authorizing body: means that term as defined in section 501, 521, or 551, as applicable. See Michigan Laws 380.381 Authorizing body: means any of the following that issues a contract as provided in this part:
(i) The board of a school district. See Michigan Laws 380.501Authorizing body: means the governing board of a state public university that issues a contract as provided in this part. See Michigan Laws 380.521 Authorizing body: means any of the following that issues a contract as provided in this part:
(i) The board of a school district. See Michigan Laws 380.551Automotive recycler: means that term as defined in section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.16901 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 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Balanced budget: A budget in which receipts equal outlays. 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. 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. Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.20101 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC benefits: means advantages resulting from a project to public corporations, the inhabitants of public corporations, the inhabitants of this state, and property within public corporations. See Michigan Laws 324.30901 Bequeath: To gift property by will. Bequest: Property gifted by will. Block: 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 the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101 Board: means a river management board created as the governing body of a river management district in accordance with this part. See Michigan Laws 324.31101 Board: means the county board of commissioners. See Michigan Laws 324.31301 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 Bonds: means the bonds issued under part 193 or former Act No. See Michigan Laws 324.19501 Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.19601 Bonds: means the bonds issued under part 713 or former Act No. See Michigan Laws 324.71501 Bonds: means the bonds authorized under the Great Lakes water quality bond authorization act. See Michigan Laws 324.19701 Bottomlands: means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502. See Michigan Laws 324.32601 Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101 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. certificate: means the certificate issued under section 6. See Michigan Laws 207.952 Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101 Certificated teacher: means an individual who holds a valid teaching certificate issued by the superintendent of public instruction under section 1531. See Michigan Laws 380.551 Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 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 324.16901Collector: means a person who receives covered electronic devices from consumers and arranges for the delivery of the covered electronic devices to a recycler. See Michigan Laws 324.17301 Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101 Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101 Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101 Commission: means the Michigan jobs commission. See Michigan Laws 324.79501 Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.952 Commission: means the commission of natural resources. See Michigan Laws 324.301 Commissioner: means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner. See Michigan Laws 324.30701 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 carrier: means a company that transports mail, on reasonable request, on regular routes and at set rates. See Michigan Laws 168.2 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 Community college: means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 380.501 Community college: means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 380.551 Community district education trust fund: means the community district education trust fund created in section 12. See Michigan Laws 12.252 Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer: means a desktop personal computer or laptop computer, a computer monitor, or beginning April 1, 2011, a printer. See Michigan Laws 324.17301 Computer takeback program: means a program required under section 17305(c). See Michigan Laws 324.17301 Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law. Connecting waterway: means the St. See Michigan Laws 324.32301 Consumer: means a person who used a covered electronic device primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 Consumer product: means any food or beverage that is consumed by humans and any medicine including a prescription drug that is consumed or used by humans. See Michigan Laws 10.121 Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701 Containers: means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. See Michigan Laws 324.16301 contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302 Continuance: Putting off of a hearing ot trial until a later time. Contract: means the executive act taken by an authorizing body that evidences the authorization of a public school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a public school academy, as provided by this part, and confirming the status of a public school academy as a public school in this state. See Michigan Laws 380.501 Contract: means the executive act taken by an authorizing body that evidences the authorization of an urban high school academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on an urban high school academy, as provided by this part, and confirming the status of an urban high school academy as a public school in this state. See Michigan Laws 380.521 Contract: means the executive act taken by an authorizing body that evidences the authorization of a school of excellence and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a school of excellence, as provided by this part, and confirming the status of a school of excellence as a public school in this state. See Michigan Laws 380.551 Contract: A legal written agreement that becomes binding when signed. Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 14.302 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. Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302 costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101 Council: means a watershed council created under this part. See Michigan Laws 324.31101 County agency: means an agency created or controlled by a county board of commissioners or a county executive, a board of county road commissioners, or an office of the county drain commissioner. See Michigan Laws 324.31201 County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701 County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701 Covered computer: means a computer that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 Covered electronic device: means a covered computer or covered video display device. See Michigan Laws 324.17301 Covered video display device: means a video display device that was or will be used primarily for personal or small business purposes in this state. See Michigan Laws 324.17301 Credential analysis: means a process or service by which a third party affirms the validity of an identity document described in section 25(6)(c) through a review of public and proprietary data sources conducted remotely. See Michigan Laws 55.263 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 CSC offense: means a violation or attempted violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 12.202 Cyber school: means a school of excellence established under this part that has been issued a contract to be organized and operated as a cyber school under section 552(2) and that provides full-time instruction to pupils through online learning or otherwise on a computer or other technology, which instruction and learning may be remote from a school facility. See Michigan Laws 380.551 Dam: means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake. See Michigan Laws 324.30701 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dams: means dams, embankments, dikes, pumps, weirs, locks, gates, tubes, ditches, or any other devices or construction to impound or release water. See Michigan Laws 324.31301 Decedent: means a deceased person and includes, but is not limited to, a testator, grantor, bargainor, vendor, donor, or person who dies intestate. See Michigan Laws 205.256 Decedent: A deceased person. 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 Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701 Department: means the bureau of revenue of the department of treasury. See Michigan Laws 205.256 Department: means the department of environmental quality. See Michigan Laws 324.31701 Department: means the department of environmental quality. See Michigan Laws 324.17301 Department: means the department of environmental quality. See Michigan Laws 324.32501 Department: means the department of environmental quality. See Michigan Laws 324.32601 Department: means the department of environmental quality. See Michigan Laws 324.19601 Department: means the department of natural resources. See Michigan Laws 324.71601 Department: means the department of environmental quality. See Michigan Laws 324.19701 Department: means the department of environmental quality. See Michigan Laws 324.32701 Department: means the department of state. See Michigan Laws 55.263 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 natural resources. See Michigan Laws 324.78101 Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.21101 Department: means the department of environmental quality. See Michigan Laws 324.79501 Department: means the department of treasury. See Michigan Laws 207.952 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 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. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Designated state-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101 Devise: To gift property by will. Director: means the director of the department or his or her designee. See Michigan Laws 324.31701 Director: means the director of the department. See Michigan Laws 324.32501 Director: means the director of the department. See Michigan Laws 324.71601 Director: means the director of the department of environmental quality. See Michigan Laws 324.20101 Director: means the administrative director of the commission. See Michigan Laws 324.78101 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 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 Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101 district: means an area not less than 1 acre in size of a qualified local governmental unit established as provided in section 3. See Michigan Laws 207.952 District: means a river management district established under this part. See Michigan Laws 324.31101 Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701 Docket: A log containing brief entries of court proceedings. Donee: The recipient of a gift. Donor: The person who makes a gift. Due care activities: means those activities conducted under section 20107a and 21304c. See Michigan Laws 324.19601 Educational management company: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.521 Educational management organization: means an entity that enters into an agreement with the governing board of a public school to provide comprehensive educational, administrative, management, or instructional services or staff to the public school. See Michigan Laws 380.551 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 Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 55.263 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Electronic notarization system: means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations. See Michigan Laws 55.263 End-user: means any of the following:
(i) A person who possesses a permit to burn tires under part 55. See Michigan Laws 324.16901Endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.74101 Energy advisory committee: means the committee created under section 2. See Michigan Laws 10.81 Energy emergency: means a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage. See Michigan Laws 10.81 Energy resource: means electricity, natural gas, synthetic gas, a petroleum product including a liquefied petroleum gas, coal, wood fuel, geothermal source, hydropower, nuclear material, or other source producing power or heat. See Michigan Laws 10.81 Energy shortage: means lack of adequate available energy resources in the state, or any part of the state, as determined by the energy advisory committee or the governor. See Michigan Laws 10.81 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. Entity: means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 380.501 Entity: means a nonprofit corporation that is organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 380.521 Entity: means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity. See Michigan Laws 380.551 Environmental area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301 Environmental 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 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 324.20101Executor: A male person named in a will to carry out the decedent Facility: means that term as it is defined in part 201. See Michigan Laws 324.19601 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. Family-owned: means participation by the decedent or a qualified heir in the operation of the business for not less than 500 hours in 5 out of the 8 years immediately preceding the decedent's death and either of the following:
(i) The business is 100% owned by the decedent and qualified heirs, or for a corporation, 100% of the stock is owned by the decedent and qualified heirs. See Michigan Laws 205.221Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701 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 Farm vehicle: means either of the following:
(i) An implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101 Federal return: means any United States transfer tax return including federal estate tax returns and generation-skipping tax returns unless the context indicates a similar Michigan tax return. See Michigan Laws 205.256 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 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. Flint settlement trust fund: means the Flint settlement trust fund created in section 11. See Michigan Laws 12.252 Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301 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 Forensic laboratory: means a laboratory maintained by the department of state police or a municipality that meets all of the following criteria:
(i) Has at least 1 regularly employed forensic scientist who conducts analyses of controlled substances or androgenic anabolic steroids for criminal justice agencies in criminal matters, and provides testimony with respect to those analyses. See Michigan Laws 12.202Forensic test: means a drug analysis, toxicology analysis, or other forensic analysis or examination in areas including, but not limited to, latent prints, microchemistry, serology, firearms, toolmarks, or questioned documents. See Michigan Laws 12.202 Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. 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. Free flowing: means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification. See Michigan Laws 324.30501 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 aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701 Fund: means the environmental protection bond fund created in section 19506. See Michigan Laws 324.19501 Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601 Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.19601 Fund: means the recreation bond fund created in section 71506. See Michigan Laws 324.71501 Fund: means the Great Lakes water quality bond fund created in section 19706. See Michigan Laws 324.19701 Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101 Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.21101 Fund: means the scrap tire regulatory fund created in section 16908. See Michigan Laws 324.16901 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 324.19601 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Gasoline: means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. See Michigan Laws 324.78101 general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 Generation-skipping transfer: means every transfer subject to the federal generation-skipping transfer tax in which the original transferor is a resident of this state at the date of the transfer by the original transferor or the property transferred is real or personal property situated in this state. See Michigan Laws 205.256 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302 Grant: means a local recreation grant under this part. See Michigan Laws 324.71601 Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e 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 Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601 Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701 Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101 Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701 Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302 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. Harbor: means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft, including contrivances used or designed for navigation on water and used or owned by the United States. See Michigan Laws 324.78101 Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101 Harbor facilities: means the structures at a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and ashore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.78101 Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101 Hazardous material: means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20301 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 324.20101HDPE: means high density polyethylene. See Michigan Laws 324.16101 High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301 Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101 Identification for election purposes: means , if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in his or her voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:
(i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 168.2Identity proofing: means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely. See Michigan Laws 55.263 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. Improvement program: means the construction, reconstruction, development, improvement, bettering, operating, maintaining, and extending a facility at a state park, including a site improvement, impoundment, road and parking lot, toilet building, concession building, shelter building, bathhouse, utility, outdoor center, visitor service facility, ski area, ski tow, ski shelter, and administration unit. See Michigan Laws 324.74101 In the presence of: means either of the following:
(i) In the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual. See Michigan Laws 55.263in 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 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Information: includes data, text, images, sounds, codes, computer programs, software, and databases. See Michigan Laws 55.263 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701 Inland lake: means a public inland lake or a private inland lake. See Michigan Laws 324.30901 Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101 Inter vivos: Transfer of property from one living person to another living person. 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 Interested person: means a person who has a record interest in the title to, right of ingress to, or reversionary right to a piece or parcel of land that would be affected by a permanent change in the bottomland of a natural or artificial, public or private inland lake, or adjacent wetland. See Michigan Laws 324.30901 Internal revenue code: means the United States internal revenue code of 1986, in effect on January 1, 1998 or, at the option of the personal representative, in effect on the date of the decedent's death. See Michigan Laws 205.256 IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 14.272 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Joint resolution: A legislative measure which requires the approval of both chambers. Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. Jurat: means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record. See Michigan Laws 55.265 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 Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701 land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301 Landfill: means a landfill as defined in section 11504 that is licensed under part 115. See Michigan Laws 324.16901 lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502 Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701 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 Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.81101LDPE: means low density polyethylene. See Michigan Laws 324.16101 Lead acid battery: means a storage battery, that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. See Michigan Laws 324.17101 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 Legacy: A gift of property made by will. Legatee: A beneficiary of a decedent Lender: means any of the following:
(i) A state or nationally chartered bank. See Michigan Laws 324.20101Liabilities: 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. Lineal ancestor: means an individual who is in the direct line of ascent including, but not limited to, a parent or grandparent. See Michigan Laws 55.265 Lineal descendant: Direct descendant of the same ancestors. Liquefied petroleum gas: means gases derived from petroleum or natural gases that are in the gaseous state at normal atmospheric temperature and pressure, but that may be maintained in the liquid state at normal atmospheric temperature by suitable pressure. See Michigan Laws 324.78101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.20101 Local recreation project: means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities. See Michigan Laws 324.71601 local unit: means a municipality or county. See Michigan Laws 324.301 Local unit: means any city, village, township, or soil conservation district acting through its governing body. See Michigan Laws 324.31301 Local unit of government: means a county, city, village, or township, or an agency of a county, city, village, or township; or a brownfield redevelopment authority, economic development corporation, or an authority or other public body created by or pursuant to state law. See Michigan Laws 324.19601 Local unit of government: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of those entities, which authority is legally constituted to provide public recreation. See Michigan Laws 324.71501 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 Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.21101 Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101 Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101 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 Manufacturer: means a person who produces batteries for sale in this state. See Michigan Laws 324.17101 Manufacturer: means a person that produces, imports, or distributes mercury thermometers in this state. See Michigan Laws 324.17201 Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101 Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101 Marina purposes: means an operation making use of submerged bottomlands or filled-in bottomlands of the Great Lakes for the purpose of service to boat owners or operators, which operation may restrict or prevent the free public use of the affected bottomlands or filled-in lands. See Michigan Laws 324.32501 Measurable economic benefit: means the permanent jobs that are created or retained, the capital invested, or the increased tax base to the applicable county, city, village, and township where the project is located. See Michigan Laws 324.19601 Measurable environmental benefit: means the extent that the requirements of part 201 or part 213, or both, are advanced at a brownfield project where environmental conditions inhibit the site's redevelopment or reuse. See Michigan Laws 324.19601 Medicaid benefits trust fund: means the Michigan Medicaid benefits trust fund established in section 5. See Michigan Laws 12.252 Medicaid program: means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6. See Michigan Laws 12.252 Medicaid special financing payments: means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act. See Michigan Laws 12.252 Member: means a municipality, county, county agency, public school district, public college or university, or other local or regional public agency that is a member of a watershed alliance as provided for in this part. See Michigan Laws 324.31201 Mercury fever thermometer: means a mercury thermometer used for measuring body temperature. See Michigan Laws 324.17201 Mercury thermometer: means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. See Michigan Laws 324.17201 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301 Michigan merit award trust fund: means the Michigan merit award trust fund established in section 9. See Michigan Laws 12.252 Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3. See Michigan Laws 12.252 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 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. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor oil: means oil used as a lubricant in a motor vehicle. See Michigan Laws 324.16701 Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101 Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Municipality: means a county, township, city, or village. See Michigan Laws 12.202 Municipality: means a city or village. See Michigan Laws 324.81101 Municipality: means a city, village, or township. See Michigan Laws 324.301 NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303 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 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 Natural gas: means natural gas, synthetic gas, and manufactured gas. See Michigan Laws 324.21101 natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101 Natural river: means a river that has been designated by the department for inclusion in the wild, scenic, and recreational rivers system. See Michigan Laws 324.30501 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 New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701 New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.32701 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 Nonresident: means an individual who is not a resident. See Michigan Laws 205.256 Nonresident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is not registered as a motor vehicle in this state. See Michigan Laws 324.74101 Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101 Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701 Notarial act: means any of the following:
(i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act. See Michigan Laws 55.265Notify: means to communicate or send a message by a recognized mail, delivery service, or electronic means. See Michigan Laws 55.265 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. Odd year general election: means the election held on the November regular election date in an odd numbered year. See Michigan Laws 168.3 Odd year primary election: means the election held on the August regular election date in an odd numbered year. See Michigan Laws 168.3 Off-road vehicle: means ORV as it is defined in part 811, which is required to be registered under part 811. See Michigan Laws 324.71101 Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101 Official misconduct: means 1 or more of the following:
(i) The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless, or injurious. See Michigan Laws 55.265Oil: means petroleum based oil. See Michigan Laws 324.16701 Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701 Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.21101 Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303 Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101 Optimum flow: means that rate and quantity of flow in any stream as determined in accordance with this part. See Michigan Laws 324.31301 Ordinary high-water mark: means the elevations described in section 32502. See Michigan Laws 324.32601 Ordinary high-water mark: means the ordinary high-water mark as specified in section 32502. See Michigan Laws 324.30301 organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
(i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 14.302Original transferor: means any grantor, donor, trustor, testator, or person who by grant, gift, trust, will, or otherwise, makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Michigan Laws 205.256 ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101 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 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, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21101 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303 Owner: means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101Panel: 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. Patented lands: means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent. See Michigan Laws 324.32601 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 324.20101Person: means an individual, partnership, corporation, organization, or association of any kind. See Michigan Laws 10.81 Person: means an individual, firm, partnership, joint venture, association, corporation, limited liability company, company, estate, or any other group or combination acting as a unit. See Michigan Laws 205.256 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.31701 Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302 Person: means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 55.265 Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101 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 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 representative: means the personal representative appointed by the probate court, including an independent personal representative, or, if a personal representative is not acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this act. See Michigan Laws 205.256 PETE: means polyethylene terephthalate. See Michigan Laws 324.16101 physical disability: means that term as defined in section 6 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 168.19 Plaintiff: The person who files the complaint in a civil lawsuit. Plan: means a plan adopted by the board or boards and approved by an order of the department for the best development, utilization, and conservation of the surplus water of the state. See Michigan Laws 324.31301 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 any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301 Portable 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 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 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 Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101Private foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 14.272 Private inland lake: means an inland lake other than a public inland lake. See Michigan Laws 324.30901 Privilege: means the privilege provided to an environmental audit report as provided in this part. See Michigan Laws 324.14801 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 14.302 project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.19601 Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303 property: means the property or interest in property of the testator, intestate, grantor, bargainor, or vendor, passing or transferred to those not specifically exempted from this act, and not as the property or interest in property passing or transferred to the individual legatees, devisees, heirs, next of kin, grantees, donees, or vendees, and includes all property or interest in property whether situated within or without this state and including all property represented or evidenced by note, certificate, stock, land, contract, mortgage or other kind or character of evidence thereof, and regardless of whether that evidence of property is owned, kept or possessed within or without this state. See Michigan Laws 205.221 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. prosecuting attorney: means the county treasurer or prosecuting attorney of the county having jurisdiction pursuant to section 10. See Michigan Laws 205.221 Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101 Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 14.272 Public inland lake: means a lake that is accessible to the public by publicly owned lands or highways contiguous to publicly owned lands or by the bed of a stream, except the Great Lakes and connecting waters. See Michigan Laws 324.30901 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 elector: as used in this act , means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days. See Michigan Laws 168.10 Qualified farm real and personal property: means real and personal property located in this state that on the date of the decedent's death was devoted primarily to an agricultural use, and, for a decedent who dies before January 1, 1993, meets all the following conditions or, for a decedent who dies after December 31, 1992, meets the conditions in either subparagraph (ii) or (iii):
(i) The real property is eligible as farmland pursuant to part 361 (farmland and open space preservation) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221Qualified heir: means an individual entitled to any beneficial interest in property who is the grandfather, grandmother, father, mother, husband, wife, child, legally adopted child, stepchild, brother, sister, wife or widow of a son, or husband or widower of a daughter of the decedent grantor, donor, or vendor, or for the use of a person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a parent, if the relationship began at or before the child's seventeenth birthday and continued until the death of the decedent grantor, donor, or vendor, or to or for the use of a lineal descendant of or a lineal descendant of a stepchild of the decedent grantor, donor, or vendor, or farm business partner, or to or for the use of any person to whom the decedent grantor, donor, or vendor stood in the mutually acknowledged relation of a farm business partner. See Michigan Laws 205.221 Qualified local governmental unit: means a city, village, or township. See Michigan Laws 207.952 Qualified residential facility: means a new residential facility or a rehabilitated residential facility, located in a residential housing district. See Michigan Laws 207.952 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 324.30301RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303 RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recess: A temporary interruption of the legislative business. 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 55.265 Recreation improvement account: means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020. See Michigan Laws 324.71101 Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.74101 Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101 Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101 Recycler: means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices to facilitate recycling or resource recovery techniques. See Michigan Laws 324.17301 Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3 Regular election date: means 1 of the dates established as a regular election date in section 641. See Michigan Laws 168.3 Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.21101Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303Release: 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 Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101 Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303 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. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. 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 Remote electronic notarization platform: means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing. See Michigan Laws 55.265 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. 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 Resident: means that term as defined in section 18 of the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 205.256 Resident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is registered as a motor vehicle in this state. See Michigan Laws 324.74101 Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 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 that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.19601 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 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. Retailer: means a place of business that offers consumer products for sale to the general public. See Michigan Laws 10.121 Retailer: means a person that sells a covered electronic device to a consumer by any means, including transactions conducted through sales outlets, catalogs, mail order, or the internet, whether or not the person has a physical presence in this state. See Michigan Laws 324.17301 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 Retailer: means a person who sells or offers to sell batteries to consumers within this state. See Michigan Laws 324.17101 Retreader: means a person who retreads, recases, or recaps tire casings for reuse. See Michigan Laws 324.16901 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). 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 owner: means a person who owns frontage bordering bottomlands. See Michigan Laws 324.32601 Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601 River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701 River: means a flowing body of water or a portion or tributary of a flowing body of water, including streams, creeks, or impoundments and small lakes thereon. See Michigan Laws 324.30501 River management: means the control of river flow by the operation of dams, reservoirs, conduits, and other human-made devices in order to improve and expand the uses of the river for those who depend upon it for a variety of private and public benefits. See Michigan Laws 324.31101 Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101 Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4 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 School district election coordinator: means 1 of the following:
(i) For a school district whose entire territory lies within a single city or township, the city or township clerk. See Michigan Laws 168.4Scrap 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 Secretary: means the secretary of state or his or her designee. See Michigan Laws 55.267 Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101 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 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. 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 Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301 Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301 Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101 Signature: means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopted, or made by the individual with the intent to sign the record. See Michigan Laws 55.267 Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303 Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.71101 Soil conservation district agency: means the agency of the district where the real property is located created pursuant to part 93 (soil conservation districts) of the natural resources and environmental protection act, Act No. See Michigan Laws 205.221 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 Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101 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 Special primary: means a primary called by competent authority for the nomination of candidates to be voted for at a special election. See Michigan Laws 168.4 specific tax: means the specific tax levied under this act. See Michigan Laws 207.952 Spill: means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment. See Michigan Laws 324.20301 Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 14.272 SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 55.267 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 land use agency: means the land use agency within the department of natural resources. See Michigan Laws 205.221 State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101 State park improvement account: means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030. See Michigan Laws 324.74101 State park revenues: means all revenues collected for state parks, including but not limited to, revenue from recreation passport fees, motor vehicle permits, concession fees, nonmotorized trail permits, fees, leases, camping fees, sale of farm animals from Maybury state park, donations, and gifts. See Michigan Laws 324.74101 State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.501 State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.521 State public university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 380.551 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Storage requirements: means the requirements of section 16903(1) and, if applicable, (2). See Michigan Laws 324.16901 Strategic outreach and attraction reserve fund: means the strategic outreach and attraction reserve fund created in section 4. See Michigan Laws 12.252 Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701 Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601 Subpoena: A command to a witness to appear and give testimony. Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act. Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303Surplus water: means water that may be impounded without decreasing the flow of a river or stream below its optimum flow. See Michigan Laws 324.31301 System: means all of those rivers or portions of rivers designated under this part. See Michigan Laws 324.30501 takeback program: means a computer takeback program or a video display device takeback program. See Michigan Laws 324.17301 Tangible personal property: means corporeal personal property. See Michigan Laws 205.256 Tax: means a tax, interest, or penalty levied under this act. See Michigan Laws 207.1006 Temporary 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. Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Thermostat: means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. See Michigan Laws 324.17201 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 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 Tobacco settlement revenue: means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. See Michigan Laws 12.252 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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 Transfer: includes the passing of property or an interest in property in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale, or gift in the manner prescribed in this act. See Michigan Laws 205.221 Transfer date: means that term as defined in section 12b. See Michigan Laws 380.381 Transfer tax: includes an estate, generation-skipping, inheritance, legacy, or succession tax for residents and nonresidents, including aliens. See Michigan Laws 205.256 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 14.272 Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 14.272 Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21101 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4 Uniformed and overseas citizens absentee voting act: means the uniformed and overseas citizens absentee voting act, 42 USC 1973ff to 1973ff-6. See Michigan Laws 168.18 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o United States Department of Defense verified electronic signature: means the certificate-based digital identification code issued to qualified personnel by the United States Department of Defense as part of the Common Access Card, or its successor. See Michigan Laws 168.18a Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601 Uphold: The decision of an appellate court not to reverse a lower court decision. 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 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. 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 Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303 vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101 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 Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101 Verdict: The decision of a petit jury or a judge. Verification upon oath or affirmation: means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true. See Michigan Laws 55.267 Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.71101Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.78101Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Video display device: means an electronic device with a viewable screen of 4 inches or larger that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite. See Michigan Laws 324.17301 Video display device takeback program: means a program required under section 17305(d). See Michigan Laws 324.17301 village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Volunteer: means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance. See Michigan Laws 324.20301 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 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 Watercraft: means any contrivance that is used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include watercraft used or owned by the United States. See Michigan Laws 324.71101 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101 Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501 Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501 Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501 Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701 Waters of the state: means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the state. See Michigan Laws 324.20301 Watershed: means the drainage area of a stream. See Michigan Laws 324.31101 Watershed: means a geographic area in the state within which surface water drains into a common river, stream, or body of water. See Michigan Laws 324.31201 Watershed alliance: means an organization established under section 31202. See Michigan Laws 324.31201 Waterway: means any body of water. See Michigan Laws 324.78101 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.71101 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101 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 324.30301Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Zinc carbon battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both. See Michigan Laws 324.17101