Michigan Laws 290.649h – Duties of director to implement MCL 290.649a to 290.649h; rejected or condemned equipment; enforcement; temporary restraining order or permanent injunction
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Terms Used In Michigan Laws 290.649h
- Department: means the department of agriculture. See Michigan Laws 290.642
- Director: means the director of the department of agriculture or his or her authorized representative. See Michigan Laws 290.642
- Dispensing facility: means a site used for gasoline refueling. See Michigan Laws 290.642
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Operator: means a person who owns, leases, operates, manages, supervises, or controls, directly or indirectly, a gasoline-dispensing facility. See Michigan Laws 290.642
- Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 290.642
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.642
- 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.
(1) To implement this section and section 9a to 9g, the director shall do all of the following:
(a) Develop and conduct training for department inspectors to provide knowledge and proficiency on stage I vapor-recovery program requirements and procedures.
(b) Prepare information on the purposes and benefits of stage I vapor-recovery controls and distribute this information to regulated facilities.
(c) Conduct a minimum of 1 compliance inspection per year per dispensing facility, with mandatory reinspection of dispensing facilities that are found to be in violation of this act or rules promulgated under this act. A compliance inspection consists of the inspection of the records required in section 9g and inspection of the equipment.
(d) Monitor the compliance of the regulated facilities with this act through data collection, including applications and required documents.
(e) Investigate complaints and initiate and conduct other investigations on possible violations of this act.
(2) If the director finds a defect in a stage I vapor-recovery system, the director shall reject or condemn and mark the equipment as “rejected” or “condemned”. Equipment that is rejected or condemned and ordered corrected or disposed of shall remain under the control of the director until suitable repair or disposition has been made under this section. The operator of the rejected or condemned equipment shall cause it to be made correct within the specified time period authorized by the director, or may dispose of the equipment in a manner specified by the director. Equipment that has been rejected or condemned and ordered corrected or disposed of may be confiscated and may be destroyed by the director if not corrected as required by, or if disposed of contrary to the requirements of, this section.
(3) If necessary for the enforcement of this act or rules promulgated under this act, the director may do all of the following:
(a) Issue stop-use orders, hold orders, or removal orders for stage I vapor-recovery and gasoline-dispensing equipment. A person shall not use, remove from the premises specified, or fail to remove from the premises specified any stage I vapor-recovery or gasoline-dispensing equipment contrary to any order issued pursuant to this section.
(b) Seize for use as evidence without formal warrant, any incorrect or unapproved stage I vapor-recovery system or dispensing equipment found to be used or exposed for use in violation of this act or rules promulgated under this act.
(4) With respect to enforcement of this act, the director has the power of a peace officer.
(5) The director may petition a court of competent jurisdiction for a temporary restraining order or permanent injunction restraining a person from violating this act or a rule promulgated under this act.