Michigan Laws > Chapter 45 > Act 186 of 1989 – County Department of Solid Waste Management Act


§ 45.581	Short title
§ 45.582	Definitions
§ 45.583	Department of solid waste management; establishment; function; control; annual budget; appointment of director
§ 45.584	Solid waste system; acquisition, construction, improvement, enlargement, or extension; operation and maintenance; acquisitions outside corporate boundaries; consent; contract
§ 45.585	Solid waste service; consent of public corporation
§ 45.586	Financing and contracts; resolution; merger
§ 45.587	Methods of financing
§ 45.588	Bonds generally
§ 45.589	Contract between county and public corporation; purpose; payment of obligations; tax levy; methods of raising money; pledge; powers
§ 45.590	Special assessment roll; objection to special assessment district
§ 45.591	Validity of bonds or notes
§ 45.592	Acquisition of tangible or intangible property, rights, or processes
§ 45.593	Contract for furnishing solid waste services to public corporation; charges subject to increase; contract for purchase or sale of solid waste services or acquisition, operation, management, or us
§ 45.594	Cost of system
§ 45.595	Failure to pay county; notice; deduction or transfer of money; legal remedies for reimbursement
§ 45.596	Proceedings to take private property

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Terms Used In Michigan Laws > Chapter 45 > Act 186 of 1989 - County Department of Solid Waste Management Act

Acquire: means acquisition by any method described in section 12 or by any other method permitted by law. See Michigan Laws 45.582
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Additional assistance: means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. See Michigan Laws 460.723
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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.
Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592
Affiliated transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1303
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Anaerobic digester: means a facility that uses microorganisms to break down biodegradable material in the absence of oxygen, producing methane and an organic product. See Michigan Laws 460.933
Anaerobic digester energy system: means an anaerobic digester and the devices used to generate electricity or heat from methane produced by the anaerobic digester or to store the methane for the future generation of electricity or heat. See Michigan Laws 460.933
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Michigan Laws 460.1303
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125. See Michigan Laws 460.1303
Applicant: means a wireless provider that submits an application described in this act. See Michigan Laws 460.1303
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
Approximate location: means a strip of land at least 36 inches wide, but not wider than the width of the marked facility plus 18 inches on either side of the facility marks. See Michigan Laws 460.723
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attaching entity: means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. See Michigan Laws 460.1303
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority pole: means a utility pole owned or operated by an authority and located in the ROW. See Michigan Laws 460.1303
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.
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.
Blasting: means changing the level or grade of land or rendering, tearing, demolishing, moving, or removing earth, rock, buildings, structures, or other masses or materials by seismic blasting or the detonation of dynamite or any other explosive agent. See Michigan Laws 460.723
Business day: means Monday through Friday, excluding holidays observed by the notification system and posted on the notification system website. See Michigan Laws 460.723
Business hours: means from 7 a. See Michigan Laws 460.723
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Caution zone: means the area within 48 inches of either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
Colocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See Michigan Laws 460.1305
Commission: means the Michigan public service commission. See Michigan Laws 460.592
Commission: means the propane commission created in section 3. See Michigan Laws 460.622
Commission: means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.723
common carrier: as used in this act shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever who now or may hereafter own, operate, manage or control as a common carrier in this state, any railroad or part of any railroad, whether operated by steam, electricity or other motive power, or cars or any other equipment used thereon, or bridges, switches, spurs, tracks, sidetracks, terminal facilities, or any docks, wharves or storage elevators used in connection therewith or any kind of terminal facilities used or necessary in the transportation of persons or property designated herein, and also all freight depots, yards and grounds used or necessary for the transportation or delivery of any said property and whether the same are owned by said railroad or otherwise; or any express company, car loaning companies, freight or freight line companies and all associations or persons, whether incorporated or otherwise, that shall do business as common carriers upon or over any line of railroads in this state, or any common carrier engaged in the transportation of passengers and property wholly by rail or partly by rail and partly by water. See Michigan Laws 462.3
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.
Communication space: means that term as defined in the "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers. See Michigan Laws 460.1305
Communications facility: means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. See Michigan Laws 460.1305
Communications service: means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service. See Michigan Laws 460.1305
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Cooperative electric utility: means either of the following:

(i) An electric cooperative organized as a cooperative corporation under section 98 to 109 of 1931 PA 327, MCL 450. See Michigan Laws 460.592

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.

County: means a county organized under Act No. See Michigan Laws 45.582

County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 761.1

County road commission: means that term as defined in section 19b of 1909 PA 283, MCL 224. See Michigan Laws 460.1305

Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723

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

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the department of agriculture and rural development. See Michigan Laws 460.622

Department: means the department of energy, labor, and economic growth. See Michigan Laws 460.911

Department of solid waste management: means the department of solid waste management provided for in section 3. See Michigan Laws 45.582

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.

Design ticket: means a communication to the notification system in which a request for information regarding underground facilities for predesign, design, or advance planning purposes, but not marking for excavation or blasting, is made under the procedures described in section 6a. See Michigan Laws 460.723

Devise: To gift property by will.

Dig notice: means a communication to the notification system by an excavator providing notice of intended excavation or blasting activity as required by this act. See Michigan Laws 460.723

Director: means the director of the department. See Michigan Laws 460.622

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

District: means a district that is created by a local unit of government under a property assessed clean energy program and that lies within the local unit of government's jurisdictional boundaries. See Michigan Laws 460.933

District: means a district created under a clean energy program by a municipality. See Michigan Laws 460.963

Donor: The person who makes a gift.

Education: means any action to provide propane consumers or members of the propane industry with information regarding the safe use and handling of propane, the proper use and handling of propane equipment, and the proper mechanical and technical practices when using and handling propane. See Michigan Laws 460.622

Electric utility: means any of the following:

(i) An electric utility as that term is defined in section 10h of 1939 PA 3, MCL 460. See Michigan Laws 460.592

Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}

Emergency: means a sudden or unforeseen occurrence, including a government-declared emergency, involving a clear and imminent danger to life, health, or property, or imminent danger to the environment, that requires immediate correction in order to restore or to prevent the interruption of essential governmental services, utility services, or the blockage of public transportation and that requires immediate excavation or blasting. See Michigan Laws 460.723

Emergency notice: means a communication to the notification system to alert the facility owners or facility operators of the urgent need for marking the location of a facility due to an emergency. See Michigan Laws 460.723

Energy efficiency improvement: means the acquisition, installation, replacement, or modification of equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, any of the following:

(i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.933

Energy efficiency improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:

(i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.963

Energy project: means any of the following:

(i) An energy efficiency improvement. See Michigan Laws 460.933

Energy project: means the installation or modification of an energy efficiency improvement or the acquisition, installation, or improvement of a renewable energy system. See Michigan Laws 460.963

Environmental hazard project: means the acquisition, installation, replacement, or modification of equipment, devices, or materials intended to address environmental hazards, including, but not limited to, measures to do any of the following:

(i) Mitigate lead, heavy metal, or PFAS contamination in potable water systems. See Michigan Laws 460.933

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Ex officio: Literally, by virtue of one's office.

Excavation: means moving, removing, or otherwise displacing earth, rock, or other material below existing surface grade with power tools or power equipment, including, but not limited to, grading, trenching, tiling, digging, drilling, boring, augering, tunneling, scraping, cable or pipe plowing, and pile driving; and wrecking, razing, rending, moving, or removing a structure or mass of materials. See Michigan Laws 460.723

Excavator: means any person performing excavation or blasting. See Michigan Laws 460.723

Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.

Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723

Facility owner: means a person that owns a facility. See Michigan Laws 460.723

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.

Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723

Farming operations: means plowing, cultivating, planting, harvesting, and similar operations routine to most farms and that are performed on a farm. See Michigan Laws 460.723

FCC: means the Federal Communications Commission. See Michigan Laws 460.1305

Fee: means a nonrecurring charge for services. See Michigan Laws 460.1305

Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1

Financial institution: means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, or credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States. See Michigan Laws 460.622

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.

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 energy efficiency and renewable energy revolving loan fund created in section 2. See Michigan Laws 460.911

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

Governing body: means , for a county, the county board of commissioners; for a city, the council, commission, or other body having legislative powers; for a village, the council, commission board of trustees, or other body having legislative powers; for a general law or charter township, the township board; and for a district or an authority, the body having general governing powers. See Michigan Laws 45.582

Governing body: means the county board of commissioners of a county, the township board of a township, or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.933

Governing body: means the township board of a township or the council or other similar elected legislative body of a city or village. See Michigan Laws 460.963

Governmental agency: means the state and its political subdivisions, including counties, townships, cities, villages, or any other governmental entity. See Michigan Laws 460.723

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

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.

High-voltage transmission line: means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.592

Historic district: means a historic district established under section 3 of the local historic districts act, 1970 PA 169, MCL 399. See Michigan Laws 460.1305

Home energy audit: means an evaluation of the energy performance of a residential structure, by a qualified person using building-performance diagnostic equipment and complying with American national standards institute approved home energy audit standards, that meets both of the following requirements:

(i) Determines how best to optimize energy performance while maintaining or improving human comfort, health, and safety and the durability of the structure. See Michigan Laws 460.963

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.

Import: means to bring odorized propane into this state by motor vehicle, marine vessel, pipeline, or any other means. See Michigan Laws 460.622

in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q

Incumbent electric transmission company: means an electric utility, affiliated transmission company, or independent transmission company that owns a high-voltage transmission line in this state on or after the effective date of this act. See Michigan Laws 460.592

Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.592

Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1305

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Indictment: means 1 or more of the following:

(i) An indictment. See Michigan Laws 761.1

Industry association: means the Michigan Propane Gas Association, a nonprofit corporation of this state. See Michigan Laws 460.622

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Joint agency: means that term as defined in section 3 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460. See Michigan Laws 460.592

Judicial district: means the following:

(i) With regard to the circuit court, the county. See Michigan Laws 761.1

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.

Juror: A person who is on the jury.

Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1

Law: means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. See Michigan Laws 460.1307

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

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

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local unit of government: means a county, township, city, or village. See Michigan Laws 460.933

Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1

major controlled substance offense: means either or both of the following:

(a) A violation of section 7401(2)(a) of the public health code, Act No. See Michigan Laws 761.2

Make-ready work: means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines. See Michigan Laws 460.1307

Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706

marking: means the temporary identification on the surface grade of the location of a facility in response to a ticket as described in section 7. See Michigan Laws 460.723

Massage therapist: means an individual engaged in the practice of massage therapy. See Michigan Laws 333.17951

Micro wireless facility: means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. See Michigan Laws 460.1307

MiPERC: means the national Propane Education and Research Council affiliate in this state. See Michigan Laws 460.622

Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1

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.

MPSC: means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460. See Michigan Laws 460.1307

Municipality: means a city, village, or township, all or some of whose residents are served by a municipal electric utility. See Michigan Laws 460.963

Municipally owned electric utility: means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility. See Michigan Laws 460.1307

New construction energy project: means an energy project to which either of the following applies:

(i) It occurs at a newly constructed building or other structure. See Michigan Laws 460.933

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Nonauthority pole: means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility. See Michigan Laws 460.1307

Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723

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.

Ordinance violation: means either of the following:

(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1

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

Participating podiatrist: means a podiatric physician or a podiatric physician designated by a group of podiatric physicians under section 18049 to represent that group. See Michigan Laws 333.18001

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.

Person: means an individual, partnership, corporation, association, cooperative, limited liability company, or any other business entity. See Michigan Laws 460.622

Person: means an individual, firm, joint venture, partnership, corporation, association, governmental agency, department or agency, utility cooperative, or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Michigan Laws 460.723

Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including, but not limited to, a federal corporation, or a combination thereof. See Michigan Laws 460.933

Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust, organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination thereof. See Michigan Laws 460.963

Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Michigan Laws 460.1307

person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l

Personal property: All property that is not real property.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Podiatric physician: means an individual who is licensed under this article to engage in the practice of podiatric medicine and podiatric surgery. See Michigan Laws 333.18001

Positive response: means the procedure administered by the notification system to allow excavators to determine whether all facility owners or facility operators contacted under a ticket have responded in accordance with this act. See Michigan Laws 460.723

Practice agreement: means an agreement described in section 18047. See Michigan Laws 333.18001

practice of podiatric medicine and podiatric surgery: means any of the following:

(i) The evaluation, diagnosis, management, and prevention of conditions of the lower extremities, including local manifestations of systemic disease in the human foot and ankle, by attending to and advising patients and through the use of devices, diagnostic tests, drugs and biologicals, surgical procedures, or other means. See Michigan Laws 333.18001

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

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.

program: means a program as described in section 5(2). See Michigan Laws 460.933

program: means a program as described in section 5(2). See Michigan Laws 460.963

Project: means an environmental hazard project or energy project. See Michigan Laws 460.933

Propane: means a hydrocarbon whose chemical composition is predominantly C3H8, and includes liquefied petroleum gases, renewable propane, and any mixture of both liquefied petroleum gases and renewable propane. See Michigan Laws 460.622

Property: means any of the following privately owned real property located within the local unit of government:

(i) Commercial property. See Michigan Laws 460.933

Property: means privately owned residential real property located within the municipality. See Michigan Laws 460.963

Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

prosecuting attorney: means the attorney general or the prosecuting attorney for a county, or his or her designee. See Michigan Laws 767A.1

Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1

Public corporation: means any county however organized, a city, village, township, charter township, district, or authority existing under the laws of this state. See Michigan Laws 45.582

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 460.723

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

Railroad: means that term as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462. See Michigan Laws 460.723

railroad: as used in this act shall be construed to mean all railroads, whether operated by steam, electric or other motive power: Provided, That the provision of this act shall not apply to any logging or other private railroad not doing business as a common carrier: Provided further, Nothing in this act contained shall be construed to authorize the commission to interfere with, lessen or impair or to authorize the impairment of any franchise provision, contract or agreement as to rate of fare now existing between any municipality, city, village, or township and any tram railway, street railway, interurban or suburban railway company, or to increase or lessen the rate of fare fixed by such franchise, contract or agreement, or to deprive any tram railway, street railway, interurban or suburban railway company of the right to charge for the carriage of passengers the rate of fare authorized and fixed by any franchise, grant or contract made or entered into between any municipality, city, village or township and any such tram railway, street railway, interurban or suburban railway company; Provided further, That nothing in this act contained shall apply to street and electric railroads engaged solely in the transportation of passengers within the limits of cities or within a distance of 5 miles of the boundaries thereof. See Michigan Laws 462.3

Rate: means a recurring charge. See Michigan Laws 460.1307

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

Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 761.1

Recognized electric planning authority: means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization. See Michigan Laws 460.592

Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.933

Regional transmission organization: means a person that meets all of the following:

(i) Possesses characteristics required under 18 C. See Michigan Laws 460.592

Regionally cost-shared transmission line: means a high-voltage transmission line that is eligible for regional cost sharing and is not subject to a right of first refusal in accordance with the tariff of a recognized electric planning authority. See Michigan Laws 460.592

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Renewable energy resource: means a resource that naturally replenishes over a human, rather than a geological, time frame and whose conversion to a usable form of energy minimizes the output of toxic materials. See Michigan Laws 460.933

Renewable energy resource: means a resource that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. See Michigan Laws 460.963

Renewable energy system: means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use 1 or more renewable energy resources to generate electricity. See Michigan Laws 460.933

Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Research: means any type of study, investigation, or other activity designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and propane use equipment and to further the development of information and products related to propane and propane use equipment. See Michigan Laws 460.622

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

Retail propane marketer: means a person engaged in the business of selling odorized propane to consumers in containers larger than 240 pounds water capacity or selling odorized propane to retail propane dispensers. See Michigan Laws 460.622

ROW: means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. See Michigan Laws 460.1307

Safe zone: means an area 48 inches or more from either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723

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

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

Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}

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

shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c

Small cell wireless facility: means a wireless facility that meets both of the following requirements:

(i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. See Michigan Laws 460.1307

Soft excavation: means a method and technique designed to prevent contact damage to underground facilities, including, but not limited to, hand-digging, cautious digging with nonmechanical tools, vacuum excavation methods, or use of pneumatic hand tools. See Michigan Laws 460.723

Solid waste: means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, commercial and industrial wastes, and any other wastes described in a solid waste management plan or an update of a solid waste management plan approved pursuant to part 115 of Act No. See Michigan Laws 45.582

Solid waste management plan: means the solid waste management plan of a county provided for in part 115 of Act No. See Michigan Laws 45.582

Start date: means the date that a proposed excavation or blasting is expected to begin as indicated on a ticket. See Michigan Laws 460.723

state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o

Statute: A law passed by a legislature.

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

Summons: Another word for subpoena used by the criminal justice system.

system: means all plants, works, instrumentalities, properties, rights, processes, and contracts used or useful in connection with the collection, transportation, recycling, processing, storing, or disposing, by treatment, incineration, or otherwise, of solid waste, or as may be provided in a solid waste management plan or update of a solid waste management plan approved for a county pursuant to part 115 (solid waste management) of the natural resources and environmental protection act, Act No. See Michigan Laws 45.582

Task force: means the joint task force created in section 17025. See Michigan Laws 333.18001

Testify: Answer questions in court.

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

Ticket: means a communication from the notification system to a facility owner or facility operator requesting the marking of underground facilities, based on information provided by an excavator in a dig notice. See Michigan Laws 460.723

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.

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

transportation: shall include cars and other vehicles and all instrumentalities and facilities of shipment, or carriage, irrespective of ownership, or of any contract expressed or implied for the use thereof, and all services in connection with the receipt, delivery, elevation, switching and transfer in transit, ventilation, refrigeration or icing, storage and handling of persons or property transported. See Michigan Laws 462.3

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

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

underground facility: means an underground or submerged conductor, pipe, or structure, including, but not limited to, a conduit, duct, line, pipe, wire, or other device and its appurtenances used to produce, store, transmit, or distribute a utility service, including communications, data, cable television, electricity, heat, natural or manufactured gas, oil, petroleum products, steam, sewage, video, water, and other similar substances, including environmental contaminates or hazardous waste. See Michigan Laws 460.723

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

Utility pole: means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. See Michigan Laws 460.1309

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

White lining: means marking by an excavator of the area of a proposed excavation or blasting, with white paint or flags, or both, before giving notice to the notification system. See Michigan Laws 460.723

Wholesale propane distributor: means a person that sells odorized propane to a retail propane marketer. See Michigan Laws 460.622

Wireless facility: means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Michigan Laws 460.1309

Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under this act, provides written authorization to perform the work on behalf of a wireless services provider. See Michigan Laws 460.1309

Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Michigan Laws 460.1309

Wireless services: means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. See Michigan Laws 460.1309

Wireless services provider: means a person that provides wireless services. See Michigan Laws 460.1309

Wireless support structure: means a freestanding structure designed to support or capable of supporting small cell wireless facilities. See Michigan Laws 460.1309

Wireline backhaul facility: means a facility used to transport services by wire or fiber-optic cable from a wireless facility to a network. See Michigan Laws 460.1309

Writ: A formal written command, issued from the court, requiring the performance of a specific act.