Michigan Laws > Chapter 18 > Act 431 of 1984 > Article 4
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Terms Used In Michigan Laws > Chapter 18 > Act 431 of 1984 > Article 4
- 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
- Accessible and available market: means that opportunities exist to sell wastepaper products that are collected pursuant to this part at rates and at locations that make it fiscally reasonable to collect that paper. See Michigan Laws 324.16501
- 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.
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- 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.
- Agricultural biomass: means residue and waste generated on a farm or by farm co-operative members from the production and processing of agricultural products, animal wastes, food processing wastes, or other materials as approved by the director. See Michigan Laws 324.14501
- agricultural drain: means a human-made conveyance of water that meets all of the following requirements:
(a) Does not have continuous flow. See Michigan Laws 324.30103agricultural drain: means a human-made conveyance of water that meets all of the following requirements:
(a) Does not have continuous flow. See Michigan Laws 324.30305Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 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 324.30301annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appraisal: A determination of property value. Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502 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. 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. Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502 Automotive recycler: means that term as defined in section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.16901 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. 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. 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 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 board of ethics. See Michigan Laws 15.341 board: means the board of directors of the authority. See Michigan Laws 324.21502 Board: means the board of foresters created in section 53505(1). See Michigan Laws 324.53501 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 or notes: means the bonds, notes, commercial paper, other obligations of indebtedness, or any combination of these, issued by the finance authority pursuant to this part. See Michigan Laws 324.21502 Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101 Bulkhead line: means a line that is established pursuant to this part beyond which dredging, filling, or construction of any kind is not allowed without a permit. See Michigan Laws 324.30101 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. Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502 Collection site: means , subject to subdivision (e), a site consisting of a parcel or adjacent parcels of real property where any of the following are accumulated:
(i) 500 or more scrap tires. See Michigan Laws 324.16901Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942 Commodity: means crumb rubber, tire chips, a ring or slab cut from a tire for use as a weight, or a product die-cut or punched from a tire, or any other product that, as determined by the department based on the product's production cost and value, is not likely to result in an accumulation, at the site of production or use, that poses a threat to public health or the environment. See Michigan Laws 324.16901 Commodity storage area: means 1 or more locations within a collection site where a commodity is stored. See Michigan Laws 324.16901 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community cleanup site: means a site owned by a local unit of government or nonprofit organization that has received a scrap tire cleanup grant under section 16908(2)(c) and uses this site for the purpose of collecting scrap tires from residents as part of a community cleanup day or resident drop off. See Michigan Laws 324.16901 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. Containers: means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. See Michigan Laws 324.16301 Continuance: Putting off of a hearing ot trial until a later time. Conviction: A judgement of guilt against a criminal defendant. Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101 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 that term as it is defined in section 21302. See Michigan Laws 324.21502 Crumb rubber: means rubber material derived from tires that is less than 1/8 inch by 1/8 inch in size and is free of steel and fiber. See Michigan Laws 324.16901 Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deductible amount: means the amount of corrective action costs or indemnification costs that are required to be paid by an owner or operator as provided in section 21510a. See Michigan Laws 324.21502 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16101 Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16301 Department: means the department of environmental quality. See Michigan Laws 324.14301 Department: means the department of environmental quality. See Michigan Laws 324.14501 Department: means the department of environmental quality. See Michigan Laws 324.16901 Department: means the department of environmental quality. See Michigan Laws 324.21502 Department: means the department of environmental quality. See Michigan Laws 324.30101 Department: means the department of environmental quality. See Michigan Laws 324.30301 Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.33924 Department: means the department of environment, Great Lakes, and energy. See Michigan Laws 324.14701 Department: means the department of environmental quality. See Michigan Laws 324.14721 Department: means the department of natural resources. See Michigan Laws 324.53501 Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301 Dependent: A person dependent for support upon another. Director: means the director of the department of environmental quality. See Michigan Laws 324.14501 Director: means the director of the department. See Michigan Laws 324.30301 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: Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101 Docket: A log containing brief entries of court proceedings. Eligible farmer or agricultural processor: means a person who processes agricultural products or a person who is engaged as an owner-operator of a farm in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208. See Michigan Laws 324.14501 Eligible person: means an owner or operator who meets the eligibility requirements under this part to submit a claim. See Michigan Laws 324.21502 Employee: means an employee, classified or unclassified, of the executive branch of this state. See Michigan Laws 15.341 Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Michigan Laws 15.361 Employer: means a person who has 1 or more employees. See Michigan Laws 15.361 End-user: means any of the following:
(i) A person who possesses a permit to burn tires under part 55. See Michigan Laws 324.16901Environmental audit: means a voluntary and internal evaluation conducted on or after the effective date of this part of 1 or more facilities or an activity at 1 or more facilities regulated under state, federal, regional, or local laws or ordinances, or of environmental management systems or processes related to the facilities or activity, or of a previously corrected specific instance of noncompliance, that is designed to identify historical or current noncompliance and prevent noncompliance or improve compliance with 1 or more of those laws, or to identify an environmental hazard, contamination, or other adverse environmental condition, or to improve an environmental management system or process. See Michigan Laws 324.14801 Environmental audit report: means a document or a set of documents, each labeled at the time it is created "environmental audit report: privileged document" and created as a result of an environmental audit. See Michigan Laws 324.14801 Environmental wastes: means all environmental pollutants, wastes, discharges, and emissions, regardless of how they are regulated and regardless of whether they are released to the general environment or the workplace environment. See Michigan Laws 324.14301 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. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Expand: means to occupy a larger area of an inland lake or stream than authorized by a permit issued under this part for marina mooring structures and watercraft moored at the marina. See Michigan Laws 324.30101 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 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 Finance authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 324.21502 Financial report: means any of the following:
(i) An audit report or other report for a local unit showing the cost and fiscal year end market value of derivative instruments or products in the local unit's pension or nonpension investment portfolio at fiscal year end reported both on an aggregate basis and itemized by issuer and type of derivative instrument or product, including but not limited to an annual financial report under section 4 of the uniform budgeting and accounting act, Act No. See Michigan Laws 15.422Financial responsibility requirements: means the financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from a refined petroleum underground storage tank system that the owner or operator of a refined petroleum underground storage tank system must demonstrate under part 211 and the rules promulgated under that part. See Michigan Laws 324.21502 Fire chief: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 324.14701 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. Forest development fund: means the forest development fund created in section 50507. See Michigan Laws 324.53501 Forester: means an individual who, by reason of his or her knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education and practical experience, is qualified to engage in the practice of professional forestry. See Michigan Laws 324.53501 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 Fund: means the Michigan state capitol historic site fund created in section 7. See Michigan Laws 4.1942 Fund: means the scrap tire regulatory fund created in section 16908. See Michigan Laws 324.16901 Fund: means the underground storage tank cleanup fund created in section 21506b and includes the bond proceeds account established within the fund. See Michigan Laws 324.21502 Fund: means the land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101 general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. HDPE: means high density polyethylene. See Michigan Laws 324.16101 Height of the dam: means the difference in elevation measured vertically between the natural bed of an inland lake or stream at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less. See Michigan Laws 324.30101 Highway or street: means the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel. See Michigan Laws 324.82101 Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 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 Indemnification: means indemnification of an owner or operator for a legally enforceable judgment entered against the owner or operator by a third party, or a legally enforceable settlement entered between the owner or operator and a third party, compensating that third party for bodily injury or property damage, or both, caused by an accidental release as those terms are defined in R 29. See Michigan Laws 324.21502 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake or stream: means either of the following:
(i) An artificial or natural lake, pond, or impoundment that is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362. See Michigan Laws 324.30101Interest 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 Involuntary statement: means information provided by a law enforcement officer, if compelled under threat of dismissal from employment or any other employment sanction, by the law enforcement agency that employs the law enforcement officer. See Michigan Laws 15.391 Label: means a molded, imprinted, or raised symbol on or near the bottom of a plastic product. See Michigan Laws 324.16101 Landfill: means a landfill as defined in section 11504 that is licensed under part 115. See Michigan Laws 324.16901 Law enforcement agency: means the department of state police, the department of natural resources, or a law enforcement agency of a county, township, city, village, airport authority, community college, or university, that is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state. See Michigan Laws 15.391 Law enforcement officer: means all of the following:
(i) A person who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 15.391Law 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 324.82101LDPE: 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. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local unit: means an entity required to make an annual financial report under section 4 of Act No. See Michigan Laws 15.422 local unit: means a municipality or county. See Michigan Laws 324.301 Location: means a parcel of property where refined petroleum underground storage tank systems are registered pursuant to part 211. See Michigan Laws 324.21502 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 Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101 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 Minor drainage: includes ditching and tiling for the removal of excess soil moisture incidental to the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in established use for agriculture, horticulture, silviculture, or lumbering. See Michigan Laws 324.30301 Minor offense: means either of the following violations of this part if the project involved in the offense is a minor project or the department determines that restoration of the affected property is not required:
(i) The failure to obtain a permit under this part. See Michigan Laws 324.30101Mooring structures: means structures used to moor watercraft, including, but not limited to, docks, piers, pilings, mooring anchors, lines and buoys, and boat hoists. See Michigan Laws 324.30101 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motor oil: means oil used as a lubricant in a motor vehicle. See Michigan Laws 324.16701 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 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 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. 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 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 Oil: means petroleum based oil. See Michigan Laws 324.16701 Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101 operation: includes dredging, filling, or construction and placement of structures in the waste collection or treatment facility in compliance with this act. See Michigan Laws 324.30103 Operator: means that term as it is defined in section 21303 or a person to whom an approved claim has been assigned or transferred. See Michigan Laws 324.21502 Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101 Ordinary high-water mark: means the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. See Michigan Laws 324.30101 Ordinary high-water mark: means the ordinary high-water mark as specified in section 32502. See Michigan Laws 324.30301 OTHER: means multilayer. See Michigan Laws 324.16101 outdoors: means in a place other than a building or covered vehicle. See Michigan Laws 324.16901 Owner: means that term as it is defined in section 21303. See Michigan Laws 324.21502 Owner: means any of the following:
(i) A person that holds the legal title to a snowmobile. See Michigan Laws 324.82101PBDE: means polybrominated diphenyl ether. See Michigan Laws 324.14721 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.82101Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 4.1942 Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Michigan Laws 15.361 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.21503 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: means an individual, partnership, corporation, association, or other nongovernmental legal entity. See Michigan Laws 324.33924 Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number, but does not include information on snowmobile operation or equipment-related violations or civil infractions, operator or snowmobile registration status, accidents, or other behaviorally-related information. See Michigan Laws 324.82101 Personal property: All property that is not real property. PETE: means polyethylene terephthalate. See Michigan Laws 324.16101 PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 324.14701 Plaintiff: The person who files the complaint in a civil lawsuit. plant: means a tree, bough, shrub, vine, or other native plant, or a part of a tree, bough, shrub, vine, or other native plant, listed in subsection (1). See Michigan Laws 324.52901 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 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. 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: includes all public bodies corporate within but not including the state, including all agencies thereof or any non-incorporated body within the state of whatever nature, including all agencies thereof. See Michigan Laws 15.303 Pollution prevention: means all of the following:
(i) "Source reduction" as defined in the pollution prevention act of 1990, subtitle G of title VI of the omnibus budget reconciliation act of 1990, Public Law 101-508, 42 U. See Michigan Laws 324.14301Pollution prevention: means all of the following:
(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501Portable shredding operation: means a person who operates scrap tire shredding equipment that produces a commodity or tire shreds and that can be moved from site to site. See Michigan Laws 324.16901 Practice of professional forestry: means the science, art, and practice of creating, managing, using, planning and researching, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Michigan Laws 324.53501 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. 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 82127(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 82127(6), a local ordinance substantially corresponding to section 82127(6), or a law of another state substantially corresponding to section 82127(6), or a law of the United States substantially corresponding to section 82127(6) may be used as a prior conviction other than for enhancement purposes as provided in section 82129a(1)(b). See Michigan Laws 324.82101Privilege: 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. Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public body: means all of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. See Michigan Laws 15.361public employee: means an employee of the state classified civil service, or an employee of a political subdivision of the state who is not an elected official. See Michigan Laws 15.401 Public entity: means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof. See Michigan Laws 15.321 Public officer: means a person appointed by the governor or another executive department official. See Michigan Laws 15.341 Public servant: includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act. See Michigan Laws 15.321 Qualified agricultural energy production system: means the structures, equipment, and apparatus to be used to produce a gaseous fuel from the noncombustive decomposition of agricultural biomass and the apparatus and equipment used to generate electricity or heat from the gaseous fuel or store the gaseous fuel for future generation of electricity or heat. See Michigan Laws 324.14501 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 taxpayer: means a taxpayer subject to the minerals severance tax levied under the nonferrous metallic minerals extraction severance tax act. See Michigan Laws 206.31b Quorum: The number of legislators that must be present to do business. Racecourse: means a commercially operated track for go-carts, off-road recreational vehicles, motorcycles, or other vehicles that uses scrap tires as bumpers along the track for safety purposes and that meets 1 or more of the following requirements:
(i) Uses not more than 3,000 scrap tires for bumpers. See Michigan Laws 324.16901Rare and imperiled wetland: means any of the following:
(i) Great Lakes marsh. See Michigan Laws 324.30301Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reconfigure: means to, without expanding the marina, do either of the following:
(i) Change the location of the dock or docks and other mooring structures at the marina to occupy an area of the inland lake or stream that was not previously authorized by a permit issued under this part. See Michigan Laws 324.30101Recreation 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 Recycle: means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to utilize used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound, and complies with the law, rules, and regulations of this state and the United States. See Michigan Laws 324.16701 Recycled paper: means a paper product that contains not less than 50% wastepaper. See Michigan Laws 324.16501 Refined petroleum: means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these. See Michigan Laws 324.21503 Refined petroleum fund: means the refined petroleum fund established under section 21506a. See Michigan Laws 324.21503 Refined petroleum underground storage tank: means an underground storage tank system used for the storage of refined petroleum. See Michigan Laws 324.21503 Registered forester: means a forester registered under section 53509. See Michigan Laws 324.53501 Release: means that term as it is defined in section 21303. See Michigan Laws 324.21503 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. removed: means a physical transfer other than by evaporation, loss, or destruction of refined petroleum or a refined petroleum product from a refiner, pipeline terminal operator, or marine terminal operator. See Michigan Laws 324.21503 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 RETAP: means the retired engineers technical assistance program created in section 14511. See Michigan Laws 324.14501 Retreader: means a person who retreads, recases, or recaps tire casings for reuse. See Michigan Laws 324.16901 Right-of-way: means that portion of a highway or street not including the roadway and any shoulder. See Michigan Laws 324.82101 Rigid plastic container: means any container composed predominantly of plastic resin and having a relatively inflexible finite shape or form that directly holds a substance or material and has a capacity of 8 ounces or more. See Michigan Laws 324.16101 Riparian interest area: means that portion of an inland lake or stream over which a riparian owner has an ownership interest. See Michigan Laws 324.30101 Riparian owner: means a person who has riparian rights. See Michigan Laws 324.30101 Riparian rights: means those rights which are associated with the ownership of the bank or shore of an inland lake or stream. See Michigan Laws 324.30101 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 Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101 SAF: means Society of American Foresters. See Michigan Laws 324.53501 Schedule of costs: means the list of allowable reimbursement amounts that may be paid on a claim, as established in section 21510b. See Michigan Laws 324.21503 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 Scrap tire: means a tire that is no longer being used for its original intended purpose including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. See Michigan Laws 324.16901 Scrap tire hauler: means a person who transports more than 10 scrap tires at once in a vehicle on a public road or street. See Michigan Laws 324.16901 Scrap tire processor: means either of the following:
(i) A person who is authorized by this part to accumulate scrap tires and is engaged in the business of buying or otherwise acquiring scrap tires and reducing their volume by shredding or otherwise facilitating recycling or resource recovery techniques for scrap tires. See Michigan Laws 324.16901seal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSeasonal structure: includes any type of dock, boat hoist, ramp, raft, or other recreational structure that is placed into an inland lake or stream and removed at the end of the boating season. See Michigan Laws 324.30101 Seawall: means a vertically sloped wall constructed to break the force of waves and retain soil for the purpose of shore protection. See Michigan Laws 324.30101 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Shall: is a lways mandatory and "may" is always discretionary. See Michigan Laws 206.2 Shoulder: means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic. See Michigan Laws 324.82101 Site: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 Snowmobile: means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.71101 Solid waste hauler: means a solid waste hauler as defined in section 11506 who transports less than 25% by weight or volume of scrap tires along with other solid waste in any truckload to a disposal area licensed under part 115. See Michigan Laws 324.16901 Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4 Specialty court program: means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.82101State forester: means that term as defined in section 50502. See Michigan Laws 324.53501 state officer: means only a person occupying one of the following offices established by the constitution: governor; lieutenant governor; secretary of state; state treasurer; attorney general; auditor general; superintendent of public instruction; member of the state board of education; regent of the university of Michigan; trustee of Michigan State University; governor of Wayne State University; member of a board of control of one of the other institutions of higher education named in section 4 of article 8 of the constitution or established by law as therein provided; president of each of the foregoing universities and institutions of higher learning; member of the state board for public community and junior colleges; member of the supreme court; member of the court of appeals; member of the state highway commission; director of the state highway commission; member of the liquor control commission; member of the board of state canvassers; member of the commission on legislative apportionment; member of the civil service commission; state personnel director; or member of the civil rights commission; together with his principal deputy who by law under specified circumstances, may exercise independently some or all of the sovereign powers of his principal whenever the deputy is actually exercising such powers. See Michigan Laws 15.303 Storage requirements: means the requirements of section 16903(1) and, if applicable, (2). See Michigan Laws 324.16901 Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 System: means all of those rivers or portions of rivers designated under this part. See Michigan Laws 324.30501 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. 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 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 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 storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Unethical conduct: means a violation of the standards in section 2. See Michigan Laws 15.341 Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101 Used oil: means oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Michigan Laws 324.16701 utility line: means any pipe or pipeline used for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone or telegraph messages, or radio or television communication. See Michigan Laws 324.30305 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. 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 Verdict: The decision of a petit jury or a judge. Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.71101Violations committee: means the violations committee appointed under section 53505. See Michigan Laws 324.53501 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 water withdrawal: means the removal of water from its source for any purpose. See Michigan Laws 324.30103 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 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.71101 Well maintained: means that any structure on the land complies with township building codes and current county and state sanitation codes and part 325 and that the land is adequately protected from erosion. See Michigan Laws 324.33924 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 324.30301Work invoice: means a list of goods or services for costs of corrective action related to a claim, including a statement of the amount due. See Michigan Laws 324.21503 Writ: A formal written command, issued from the court, requiring the performance of a specific act.