Michigan Laws > Chapter 24 > Act 306 of 1969 > Chapter 4 – Procedures in Contested Cases
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 24 > Act 306 of 1969 > Chapter 4 - Procedures in Contested Cases
- Abandoned property: means an aircraft; a watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of an aircraft or watercraft; the personal property of the officers, crew, and passengers of an aircraft or watercraft; and the cargo of an aircraft or watercraft, which have been deserted, relinquished, cast away, or left behind and for which attempts at reclamation have been abandoned by owners and insurers. See Michigan Laws 324.76101
- Abandoned scrap tires: means an accumulation of scrap tires on property where the property owner is not responsible in whole or in part for the accumulation of the scrap tires. See Michigan Laws 324.16901
- Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
- Absent voter ballot: means a ballot that is issued to a voter through the absent voter process. 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."
- Active duty firearms standard: means the in-service standard for the training and qualification of active duty law enforcement officers as mandated by the commission under the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.771
- Administrator: means the administrator of the authority as provided for in section 21525. See Michigan Laws 324.21502
- Administratrix: The female counterpart of an administrator. See also
- Adverse resource impact: means any of the following:
(i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701Advice 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. Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.21502 Agreement: means the document entitled "Great Lakes protection fund agreement" signed by the governor on February 26, 1989. See Michigan Laws 324.33101 agreement: means a restrictive covenant, evidenced by an instrument in which the owner and this state, for a term of years, agree to jointly hold the right to undertake development of the land, and that contains a covenant running with the land, for a term of years, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101 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 conservation easement: means a conveyance, by a written instrument, in which, subject to permitted uses, the owner relinquishes to the public in perpetuity his or her development rights and makes a covenant running with the land not to undertake development. See Michigan Laws 324.36101 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 324.30305Agricultural property: means real property used for farming in any of its branches, including cultivating of soil; growing and harvesting of any agricultural, horticultural, or floricultural commodity; dairying; raising of livestock, bees, fish, fur-bearing animals, or poultry; turf and tree farming; or performing any practices on a farm as an incident to, or in conjunction with, these farming operations. See Michigan Laws 324.20101 Agricultural purpose: means the agricultural production of plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. See Michigan Laws 324.32701 Agricultural use: means the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, captive cervidae, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; maple syrup production; Christmas trees; and other similar uses and activities. See Michigan Laws 324.36101 Agricultural well: means a high-capacity well that is located on a farm and is used for an agricultural purpose as that term is defined in section 32701. See Michigan Laws 324.31701 Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302 Airboat: means a motorboat that is propelled, wholly or in part, by a propeller projecting above the water surface. See Michigan Laws 324.80101 Alcoholic liquor: means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436. See Michigan Laws 28.512 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.80101 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.82101 Alkaline manganese battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte. See Michigan Laws 324.17101 All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 C. See Michigan Laws 324.20101 All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312. See Michigan Laws 324.21302 Allegation: something that someone says happened. Altered or degraded wetland: means wetland that meets any of the following criteria:
(i) Has been partially or fully drained, such as by ditching, tiling, or pumping. See Michigan Laws 324.30301Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Ancillary facility: means any revolving credit agreement, agreement establishing a line of credit, or letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, call, or similar agreement to hedge payment, currency, commodity, rate, spread, or similar exposure; investment agreement; float agreement; forward agreement or other investment arrangement; insurance contract; surety bond; commitment to purchase or sell securities; purchase or sale agreement or commitment; or other contract or agreement or other security agreement approved by the authority under this act, including without limitation any arrangement referred to in this act. See Michigan Laws 12.272 annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appliance: means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. See Michigan Laws 324.17201 Applicable environmental requirement: means an applicable federal environmental requirement, an applicable state environmental requirement, or an environmental requirement established by a local unit of government. See Michigan Laws 324.1401 Applicable federal environmental requirement: means any of the following:
(i) The federal water pollution control act, 33 USC 1251 to 1387. See Michigan Laws 324.1401Applicable state environmental requirement: means any of the following or a rule promulgated or permit, order, or other legally binding document issued under any of the following:
(i) Article II or chapter 1 or 3 of article III. See Michigan Laws 324.1401Application period: means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid. See Michigan Laws 324.1301 Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Approved claim: means a claim that is approved pursuant to section 21510. See Michigan Laws 324.21502 Aquifer: means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn. See Michigan Laws 324.32801 Aquifer performance test: means a controlled field test in which all of the following are done:
(i) At least 1 monitoring well is installed. See Michigan Laws 324.32706cArraignment: 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. Arrest card: means a paper form or an electronic format prescribed by the department that facilitates the collection and compilation of criminal and juvenile arrest history record information and biometric data. See Michigan Laws 28.241a Articles: means the articles of incorporation of an authority. See Michigan Laws 324.901 Articles pyrotechnic: means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C. See Michigan Laws 28.452 Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701 Assessment tool: means the water withdrawal assessment tool provided for in part 327. See Michigan Laws 324.32801 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated equipment: means any of the following that are not radio equipment:
(i) An original system, part, or component of a boat at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80101Associated equipment: means any of the following that are not radio equipment:
(i) An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80201Associated facilities: means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects. See Michigan Laws 324.71101 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney general: means the department of the attorney general. See Michigan Laws 324.20101 ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101 Auction: means the sale or offer for sale by bidding of real or personal property at a public or private location. See Michigan Laws 324.82101 Auctioneer: means a person that is engaged in the business of conducting auctions or that offers to conduct an auction for compensation. See Michigan Laws 324.82101 Audit: means a post audit of financial transactions and accounts or performance audit as described in section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101 Auditor general: means the individual appointed auditor general under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101 Authority: means the Michigan finance authority created by Executive Reorganization Order No. See Michigan Laws 12.272 Authority: means a joint city-state environmental management authority created pursuant to section 902. See Michigan Laws 324.901 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 Background concentration: means the concentration or level of a hazardous substance that exists in the environment at or regionally proximate to a facility that is not attributable to any release at or regionally proximate to the facility. See Michigan Laws 324.20101 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is or contains a facility. See Michigan Laws 324.20101 Baseline environmental assessment: means a written document that describes the results of an all appropriate inquiry and the sampling and analysis that confirm that the property is a site. See Michigan Laws 324.21302 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 Bequest: Property gifted by will. Billing address: means the location indicated in the books and records of the financial institution on the first day of the tax year or on a later date in the tax year when the customer relationship began as the address where any notice, statement, or bill relating to a customer's account is mailed. See Michigan Laws 206.651 Biofuel: means any renewable liquid or gas fuel offered for sale as a fuel that is derived from recently living organisms or their metabolic by-products and meets applicable quality standards, including, but not limited to, ethanol, ethanol-blended fuel, biodiesel, and biodiesel blends. See Michigan Laws 324.12101 Biogas: means a biofuel that is a gas. See Michigan Laws 324.12101 Biometric data: means all of the following:
(i) Fingerprint images recorded in a manner prescribed by the department. See Michigan Laws 28.241aBlind trust: means a qualified blind trust or qualified diversified trust as those terms are defined in 5 C. See Michigan Laws 15.703 Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 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 directors of the authority. See Michigan Laws 12.272 Board: means the board of ethics. See Michigan Laws 15.341 Board: means the board of directors of the authority. See Michigan Laws 324.901 Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.1901 board: means the environmental science board created in section 2603. See Michigan Laws 324.2601 Board: means the brownfield redevelopment board created in section 20104a. See Michigan Laws 324.20101 board: means the board of directors of the authority. See Michigan Laws 324.21502 Board: means a river management board created as the governing body of a river management district in accordance with this part. See Michigan Laws 324.31101 Board: means the county board of commissioners. See Michigan Laws 324.31301 Board: means the Michigan Great Lakes protection fund technical advisory board created in section 32908. See Michigan Laws 324.32901 Board: means the board of foresters created in section 53505(1). See Michigan Laws 324.53501 Boat: means a vessel. See Michigan Laws 324.80101 Boat livery: means a business that holds a vessel for renting, leasing, or chartering. See Michigan Laws 324.80101 Boat livery: means that term as defined in section 44501. See Michigan Laws 324.80201 Boating safety certificate: means any of the following:
(i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80212. See Michigan Laws 324.80101Boating safety certificate: means either of the following:
(i) The document issued by the department under this part that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80211. See Michigan Laws 324.80201Boating safety course: means a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996), a province of the commonwealth of Canada, or another country. See Michigan Laws 324.80101Boating safety course: means a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996). See Michigan Laws 324.80201Bond: means a bond, note, financial instrument, or other evidence of indebtedness or obligation issued by the authority under this act. See Michigan Laws 12.272 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 Bond proceeds account: means the account within the fund to which proceeds of bonds or notes issued under this part have been credited. See Michigan Laws 324.21502 Bonds: means the bonds issued under part 193 or former Act No. See Michigan Laws 324.19501 Bonds: means the bonds authorized under the clean Michigan initiative act, 1998 PA 284, MCL 324. See Michigan Laws 324.19601 Bonds: means the bonds authorized under the Great Lakes water quality bond authorization act. See Michigan Laws 324.19701 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 Bottomlands: means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502. See Michigan Laws 324.32601 Bottomlands: means the unpatented lake bottomlands of the Great Lakes. See Michigan Laws 324.76101 Brine: means a liquid produced as a by-product of oil or natural gas production or exploration. See Michigan Laws 324.12101 Bulk transfer: means a transfer of refined petroleum or a refined petroleum product from, or purchase for resale by, a refiner, pipeline terminal operator, supplier, or marine terminal operator to or from another refiner, pipeline terminal operator, supplier, or marine terminal operator through pipeline tender or marine delivery, including pipeline movements of refined petroleum or a refined petroleum product from 1 or more marine vessel movements of refined petroleum or a refined petroleum product. See Michigan Laws 324.21502 Bulk transfer terminal system: means the refined petroleum or refined petroleum product distribution system consisting of refineries, pipelines, marine vessels, and terminals and includes refined petroleum or refined petroleum product storage tanks and refined petroleum or refined petroleum product storage facilities that are part of a refinery, boat terminal transfer, or terminal owned, operated, or controlled by a refiner, marine terminal operator, or pipeline terminal operator. See Michigan Laws 324.21502 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 by-product: means any material that is produced by, is incident to, or results from industrial, commercial, or governmental activity or any other activity or enterprise, that is determined to be liquid by method 9095 (paint filter liquids test) as described in "Test methods for evaluating solid wastes, physical/chemical methods" United States Environmental Protection Agency publication no. See Michigan Laws 324.12101 Capillary fringe: means the portion of the aquifer above an unconfined saturated zone in which groundwater is drawn upward by capillary force and can include the presence of LNAPL. See Michigan Laws 324.21302 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Certificate: means a commission-issued document that identifies a qualified retired law enforcement officer who is certified under 18 USC 926C and this act. See Michigan Laws 28.512 Certificate holder: means a qualified retired law enforcement officer who is issued a certificate by the commission. See Michigan Laws 28.512 Certificate of completion: means a written response provided by the department confirming that a response activity has been completed in accordance with the applicable requirements of this part and is approved by the department. See Michigan Laws 324.20101 certified: means official recognition by the commission that a retired law enforcement officer has met the active duty firearms standard in this state and is eligible to carry a concealed firearm under 18 USC 926C. See Michigan Laws 28.512 Channel: means either of the following:
(i) The deepest part of a stream, bay, or straight through which the main current flows. See Michigan Laws 324.80201Characteristic fish curve: means a fish functional response curve that describes the abundance of characteristic fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Chief executive officer: means the mayor of a city, the village manager of a village, the township supervisor of a township, or the county executive of a county or, if the county does not have an elected county executive, the chairperson of the county board of commissioners. See Michigan Laws 324.19601 Child: means an individual less than 17 years of age. See Michigan Laws 28.258 Citation: means that term as described in section 17a. See Michigan Laws 28.452 citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c 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 Claim period: means a 1-year period commencing on October 1 of each year and ending on September 30 the following year. See Michigan Laws 324.21502 Claims limit: means $1,000,000. See Michigan Laws 324.21502 Clean corporate citizen: means a facility that has demonstrated environmental stewardship and a strong environmental ethic by meeting the criteria in this part. See Michigan Laws 324.1401 Cleanup criteria for unrestricted residential use: means any of the following:
(i) Cleanup criteria that satisfy the requirements for the residential category in section 20120a(1)(a). See Michigan Laws 324.20101Clearinghouse: means the missing child information clearinghouse established under section 9. See Michigan Laws 28.258 Closed session: means a meeting or part of a meeting of a public body that is closed to the public. See Michigan Laws 15.262 Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101 Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Collection site: means , subject to subdivision (e), a site consisting of a parcel or adjacent parcels of real property where any of the following are accumulated:
(i) 500 or more scrap tires. See Michigan Laws 324.16901Collector plate: means a collector plate that matches any registration plate developed and issued under this act. See Michigan Laws 257.811d Commanding officer: means the director of the department of state police or the director's designee. See Michigan Laws 28.241a Commercial domicile: means the headquarters of the trade or business, that is the place from which the trade or business is principally managed and directed, or if a financial institution is organized under the laws of a foreign country, of the Commonwealth of Puerto Rico, or any territory or possession of the United States, such financial institution's commercial domicile shall be deemed for the purposes of this chapter to be the state of the United States or the District of Columbia from which such financial institution's trade or business in the United States is principally managed and directed. See Michigan Laws 206.651 Commercial manufacturer: means a person engaged in the manufacture of consumer fireworks. See Michigan Laws 28.452 Commercial motor vehicle: means a commercial vehicle as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.74101 Commercial motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942 Commission: means the commission on law enforcement standards established under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512 Commission: means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 Commission: means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff. See Michigan Laws 28.602 commission: means the environmental permit review commission established under section 1313(1). See Michigan Laws 324.1301 Commission: means the commission of natural resources. See Michigan Laws 324.301 Commission: means the Mackinac Island state park commission created in section 76503. See Michigan Laws 324.76501 commission: means the Mackinac Island state park commission. See Michigan Laws 324.76701 Commission: means the Michigan state waterways commission. See Michigan Laws 324.78101 Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101 Commission: means the Michigan jobs commission. See Michigan Laws 324.79501 Commissioner: means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner. See Michigan Laws 324.30701 Committee: means the underwater salvage and preserve committee created in section 76103. See Michigan Laws 324.76101 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 Common carrier: means a company that transports mail, on reasonable request, on regular routes and at set rates. See Michigan Laws 168.2 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community cleanup site: means a site owned by a local unit of government or nonprofit organization that has received a scrap tire cleanup grant under section 16908(2)(c) and uses this site for the purpose of collecting scrap tires from residents as part of a community cleanup day or resident drop off. See Michigan Laws 324.16901 Community district education trust fund: means the community district education trust fund created in section 12. See Michigan Laws 12.252 Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701 Compact: means the Great Lakes-St. See Michigan Laws 324.32701 Complainant: means a resident veteran, family member of a resident veteran, legal guardian or individual with power of attorney for a resident veteran, or legislator who files a complaint under section 4. See Michigan Laws 4.771 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Complaint: means a complaint submitted under section 31702 alleging a potential groundwater dispute. See Michigan Laws 324.31701 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. Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation. confidential address: means that term as defined in section 3 of the address confidentiality program act. See Michigan Laws 28.291a Confidential information: means information that is subject to a legal duty to not disclose its contents. See Michigan Laws 13.101 Connecting waterway: means the St. See Michigan Laws 324.32301 Construction: means the process of building a building, road, utility, or another structure, including all of the following:
(i) Assembling materials. See Michigan Laws 324.31701Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302 Consumer fireworks: means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452 Consumer fireworks certificate: means a certificate issued under section 4. See Michigan Laws 28.452 Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701 Container: means any portable device in which a liquid industrial by-product is stored, transported, treated, or otherwise handled. See Michigan Laws 324.12101 Containers: means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance. See Michigan Laws 324.16301 contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 14.302 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.512 Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.80101 controlling board: means all boards having the care, management, or control over public school districts and public educational institutions other than a public school academy established under the revised school code, Act No. See Michigan Laws 38.73 Controls: means the possession or the contingent or noncontingent right to acquire possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities or interests, by contract, other than a commercial contract for goods or nonmanagement services, by pledge of securities, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Michigan Laws 324.21502 Conviction: A judgement of guilt against a criminal defendant. Conviction: means a plea of guilty, guilty but mentally ill, or nolo contendere if accepted by the court, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill for a criminal law violation, or a juvenile adjudication or disposition for a criminal law violation that if committed by an adult would be a crime. See Michigan Laws 28.172 Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101 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 Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Coordinator: means the coordinator of environmental education provided for in section 2503. See Michigan Laws 324.2502 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. Corrections officer of the department of corrections: means a state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791. See Michigan Laws 28.421 Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.19601 Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302 Corrective action: means that term as it is defined in section 21302. See Michigan Laws 324.21502 costs of response activity: means all costs incurred in taking or conducting a response activity, including enforcement costs. See Michigan Laws 324.20101 Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.771 Council: means the criminal justice information policy council created in section 2. See Michigan Laws 28.211a Council: means a watershed council created under this part. See Michigan Laws 324.31101 Council: means the Great Lakes-St. See Michigan Laws 324.32701 Council: means the water use advisory council created under section 32803. See Michigan Laws 324.32801 Counterclaim: A claim that a defendant makes against a plaintiff. County agency: means an agency created or controlled by a county board of commissioners or a county executive, a board of county road commissioners, or an office of the county drain commissioner. See Michigan Laws 324.31201 County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701 County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Court: means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action. See Michigan Laws 324.30701 Credit card: means a credit, travel, or entertainment card. See Michigan Laws 206.651 credit card holder is located in this state: means a borrower, other than a credit card holder, that is engaged in a trade or business which maintains its commercial domicile in this state, or a borrower that is not engaged in a trade or business or a credit card holder whose billing address is in this state. See Michigan Laws 206.651 Criminal history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions. See Michigan Laws 28.241a Crumb rubber: means rubber material derived from tires that is less than 1/8 inch by 1/8 inch in size and is free of steel and fiber. See Michigan Laws 324.16901 CSC offense: means a violation or attempted violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 12.202 Cybersecurity incident: includes , but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities. See Michigan Laws 15.232 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. Dams: means dams, embankments, dikes, pumps, weirs, locks, gates, tubes, ditches, or any other devices or construction to impound or release water. See Michigan Laws 324.31301 Dark sky preserve: means an area designated in section 75102. See Michigan Laws 324.75101 Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more vessels that require certificates of number under this part. See Michigan Laws 324.80102 Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more personal watercraft that require certificates of number under part 801. See Michigan Laws 324.80201 Dealer: means a person engaged in the sale, lease, or rental of an ORV as a regular business or, for purposes of selling licenses under section 81116, any other person authorized by the department to sell licenses or permits, or both, under this act. See Michigan Laws 324.81101 Dealer: means any person engaged in the sale, lease, or rental of snowmobiles as a regular business, other than an auctioneer. See Michigan Laws 324.82101 Decedent: A deceased person. Decision: means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy. See Michigan Laws 15.262 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 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16101 Degradable: means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements. See Michigan Laws 324.16301 Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701 Department: means the department of military and veterans affairs. See Michigan Laws 4.771 Department: means the department of state. See Michigan Laws 15.703 Department: means the department of state police. See Michigan Laws 28.122 Department: means the department of state police. See Michigan Laws 28.172 department: means the department of state police. See Michigan Laws 28.196 Department: means the department of state police. See Michigan Laws 28.241a Department: means the department of state police. See Michigan Laws 28.258 Department: means the department of licensing and regulatory affairs. See Michigan Laws 28.452 Department: means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit. See Michigan Laws 324.1301 Department: means the department of environmental quality. See Michigan Laws 324.1401 Department: means the department of environmental quality. See Michigan Laws 324.2301 Department: means the department of environmental quality. See Michigan Laws 324.2701 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Department: means the department of environmental quality. See Michigan Laws 324.12101 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 324.19601 Department: means the department of environmental quality. See Michigan Laws 324.19701 Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101 Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.21101 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 environmental quality. See Michigan Laws 324.31701 Department: means the department of environmental quality. See Michigan Laws 324.32501 Department: means the department of environmental quality. See Michigan Laws 324.32601 Department: means the department of environmental quality. See Michigan Laws 324.32701 Department: means the department of environmental quality. See Michigan Laws 324.32801 Department: means the department of natural resources unless expressly indicated otherwise. See Michigan Laws 324.33924 Department: means the department of natural resources. See Michigan Laws 324.80201 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: means the department of natural resources. See Michigan Laws 324.78101 Department: means the department of environmental quality. See Michigan Laws 324.79501 Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Derivative instrument or product: means either of the following:
(i) A contract or convertible security that changes in value in concert with a related or underlying security, future, or other instrument or index; or that obtains much of its value from price movements in a related or underlying security, future, or other instrument or index; or both. See Michigan Laws 15.422Designated facility: means a treatment facility, storage facility, disposal facility, or reclamation facility that receives liquid industrial by-product from off-site. See Michigan Laws 324.12101 Designated state-operated public boating access site: means a state-operated public boating access site designated under section 78105(2). See Michigan Laws 324.78101 Development: means an activity that materially alters or affects the existing conditions or use of any land. See Michigan Laws 324.36101 Development rights: means an interest in land that includes the right to construct a building or structure, to improve land for development, to divide a parcel for development, or to extract minerals incidental to a permitted use or as set forth in an instrument recorded under this part. See Michigan Laws 324.36101 Devise: To gift property by will. Dewatering well: means a well or pump that is used to remove water from a mining operation or that is used for a limited time period as part of a construction project to remove or pump water from a surface or subsurface area and ceases to be used upon completion of the construction project or shortly after completion of the construction project. See Michigan Laws 324.31701 Director: means director of the department of licensing and regulatory affairs, or his or her designee. See Michigan Laws 12.272 Director: means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee. See Michigan Laws 324.1301 Director: means the director of the department or his or her designee. See Michigan Laws 324.1401 Director: means the director of the department. See Michigan Laws 324.2301 Director: means the director of the department of natural resources. See Michigan Laws 324.301 Director: means the director of the department. See Michigan Laws 324.12101 Director: means the director of the department of environmental quality. See Michigan Laws 324.14501 Director: means the director of the department of environmental quality. See Michigan Laws 324.20101 Director: means the director of the department. See Michigan Laws 324.30301 Director: means the director of the department or his or her designee. See Michigan Laws 324.31701 Director: means the director of the department. See Michigan Laws 324.32501 Director: means the director of the department. See Michigan Laws 324.32801 Director: means the director of the Mackinac Island state park commission. See Michigan Laws 324.76501 Director: means the director of the department of natural resources. See Michigan Laws 324.80201 Director: means the administrative director of the commission. See Michigan Laws 324.78101 Directors: means the directors or their designees of the departments of environmental quality, community health, agriculture and rural development, and state police. See Michigan Laws 324.20101 Discarded: means any of the following:
(i) Abandoned by being disposed of, burned, or incinerated; or accumulated, stored, or treated before, or instead of, being abandoned. See Michigan Laws 324.12101Discharge: means the accidental or intentional spilling, leaking, pumping, releasing, pouring, emitting, emptying, or dumping of liquid industrial by-product into the land, air, or water. See Michigan Laws 324.12101 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: Display fireworks: means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 C. See Michigan Laws 28.452 Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of a liquid industrial by-product into or on land or water in such a manner that the liquid industrial by-product may enter the environment, or be emitted into the air, or discharged into surface water or groundwater. See Michigan Laws 324.12101 Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous substance into or on any land or water so that the hazardous substance or any constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any groundwater or surface water. See Michigan Laws 324.20101 Disposal facility: means a facility or a part of a facility at which liquid industrial by-product is disposed. See Michigan Laws 324.12101 Distributor: means a person who sells batteries to retailers in this state. See Michigan Laws 324.17101 District: means a river management district established under this part. See Michigan Laws 324.31101 Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701 DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample. See Michigan Laws 28.172 DNAPL: means a dense nonaqueous-phase liquid with a specific gravity greater than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21302 Docket: A log containing brief entries of court proceedings. Donee: The recipient of a gift. Donor: The person who makes a gift. Due care activities: means those activities conducted under section 20107a and 21304c. See Michigan Laws 324.19601 Earned income: means salaries, wages, tips, bonuses, commissions, or other compensation or earnings from employment earned during the reporting period. See Michigan Laws 15.703 easement: means a grant, by an instrument, in which the owner relinquishes to the public in perpetuity or for a term of years the right to undertake development of the land, and that contains a covenant running with the land, not to undertake development, subject to permitted uses. See Michigan Laws 324.36101 Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2 election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC 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 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 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 324.16901Endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.74101 Energy advisory committee: means the committee created under section 2. See Michigan Laws 10.81 Energy emergency: means a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage. See Michigan Laws 10.81 Energy resource: means electricity, natural gas, synthetic gas, a petroleum product including a liquefied petroleum gas, coal, wood fuel, geothermal source, hydropower, nuclear material, or other source producing power or heat. See Michigan Laws 10.81 Energy shortage: means lack of adequate available energy resources in the state, or any part of the state, as determined by the energy advisory committee or the governor. See Michigan Laws 10.81 Enforcement costs: means court expenses, reasonable attorney fees of the attorney general, and other reasonable expenses of an executive department that are incurred in relation to enforcement under this part. See Michigan Laws 324.20101 Enhanced driver license: means an operator's or chauffeur's license issued to an individual under this act for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Enhanced official state personal identification card: means an official state personal identification card issued under this act to an individual who is a United States citizen who resides in this state for the following purposes:
(i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. enumeration district: means enumeration district as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 Environmental area: means an area of the shoreland determined by the department on the basis of studies and surveys to be necessary for the preservation and maintenance of fish and wildlife. See Michigan Laws 324.32301 Environmental audit: means a voluntary and internal evaluation conducted on or after the effective date of this part of 1 or more facilities or an activity at 1 or more facilities regulated under state, federal, regional, or local laws or ordinances, or of environmental management systems or processes related to the facilities or activity, or of a previously corrected specific instance of noncompliance, that is designed to identify historical or current noncompliance and prevent noncompliance or improve compliance with 1 or more of those laws, or to identify an environmental hazard, contamination, or other adverse environmental condition, or to improve an environmental management system or process. See Michigan Laws 324.14801 Environmental audit report: means a document or a set of documents, each labeled at the time it is created "environmental audit report: privileged document" and created as a result of an environmental audit. See Michigan Laws 324.14801 Environmental contamination: means the release of a hazardous substance, or the potential release of a discarded hazardous substance, in a quantity which is or may become injurious to the environment or to the public health, safety, or welfare. See Michigan Laws 324.20101 Environmental education: means the teaching of factual information regarding the natural environment, including basic sciences, ecological sciences, agricultural sciences, and other relevant subject matter, and the interdisciplinary process of developing a citizenry that is knowledgeable about the total environment and has the capacity and the commitment to engage in inquiry, problem solving, decision making, and action that will assure environmental quality. See Michigan Laws 324.2502 Environmental management system: means the part of an overall management system that addresses environmental concerns through allocating resources, assigning responsibilities, and evaluating practices, procedures, and processes to achieve sound environmental performance. See Michigan Laws 324.1401 Environmental policy: means a policy, signed by an authorized official of the facility, that does all of the following:
(i) Articulates the facility's environmental mission and values. See Michigan Laws 324.1401Environmental 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 Environmentally sound and economically feasible water conservation measures: means those measures, methods, technologies, or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use, or diversion that meet all of the following:
(i) Are environmentally sound. See Michigan Laws 324.32701Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Exacerbation: means the occurrence of either of the following caused by an activity undertaken by the person who owns or operates the property, with respect to contamination for which the person is not liable:
(i) Migration of contamination beyond the boundaries of the property that is the source of the release at levels above cleanup criteria for unrestricted residential use unless a criterion is not relevant because exposure is reliably restricted as otherwise provided in this part. See Michigan Laws 324.20101Examination: means an inquiry, compilation, or review within the scope of the auditor general's authority under section 53 of article IV of the state constitution of 1963. See Michigan Laws 13.101 Executor: A male person named in a will to carry out the decedent Executrix: The female counterpart of an executor. See also exhibition: means an organized water event of limited duration that is conducted according to a prearranged schedule. See Michigan Laws 324.80104 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 facility: means a Michigan veterans' facility established under 1885 PA 152, MCL 36. See Michigan Laws 4.771 Facility: means any of the following that is situated in this state and is subject to an applicable state environmental requirement or applicable federal environmental requirement:
(i) A source as defined in section 5501. See Michigan Laws 324.1401Facility: means all contiguous land and structures, other appurtenances, and improvements on land for treating, storing, disposing of, or reclamation of liquid industrial by-product. See Michigan Laws 324.12101 Facility: means that term as it is defined in part 201. See Michigan Laws 324.19601 Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. 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: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.31701 Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701 Farm operation: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.16901 Farm vehicle: means either of the following:
(i) An implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101Farmland: means 1 or more of the following:
(i) A farm of 40 or more acres in 1 ownership, with 51% or more of the land area devoted to an agricultural use. See Michigan Laws 324.36101Feasibility study: means a process for developing, evaluating, and selecting appropriate response activities. See Michigan Laws 324.20101 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 Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.172 Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 28.241a Felony: means , except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761. See Michigan Laws 28.421 Fiduciary: A trustee, executor, or administrator. Field name: means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout. See Michigan Laws 15.232 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 assurance: means a performance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, corporate guarantee, or other equivalent security, or any combination thereof. See Michigan Laws 324.20101 Financial institution: means any of the following:
(i) A bank holding company, a national bank, a state chartered bank, a state chartered savings bank, a federally chartered savings association, or a federally chartered farm credit system institution. See Michigan Laws 206.651Financial 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 Financing costs: means all capitalized interest; operating and debt service reserves; costs of issuance; fees for credit and liquidity enhancements; any item of expense directly or indirectly payable or reimbursable by the authority and related to the authorization, sale, or issuance of bonds, including without limitation underwriting fees, counsel fees, fees of the attorney general, and fees and expenses of consultants, advisors, fiduciaries, and rating agencies; and other costs as the authority determines to be desirable in issuing, securing, and marketing and remarketing the bonds. See Michigan Laws 12.272 Firearm: means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 28.421 Firearm: means that term as defined in section 1 of 1927 PA 372, MCL 28. See Michigan Laws 28.512 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 Firearms records: means any form, information, or record required for submission to a government agency under sections 2, 2a, 2b, and 5b, or any form, permit, or license issued by a government agency under this act. See Michigan Laws 28.421 fireworks: means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Michigan Laws 28.452 Fireworks safety fund: means the fireworks safety fund created in section 11. See Michigan Laws 28.452 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Flint settlement trust fund: means the Flint settlement trust fund created in section 11. See Michigan Laws 12.252 Flood risk area: means the area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to flooding from effects of levels of the Great Lakes and is not limited to 1,000 feet. See Michigan Laws 324.32301 Flow-based safety factor: means a protective measure of the assessment tool that reduces the portion of index flow available for a withdrawal to 1/2 of the index flow for the purpose of minimizing the risk of adverse resource impacts caused by statistical uncertainty. See Michigan Laws 324.32701 FOIA coordinator: means either of the following:
(i) An individual who is a public body. See Michigan Laws 15.232Forbearance: A means of handling a delinquent loan. A Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Foreclosure: means possession by a lender of a property on which it has foreclosed on a security interest or the expiration of a lawful redemption period, whichever occurs first. See Michigan Laws 324.20101 Forensic laboratory: means a laboratory maintained by the department of state police or a municipality that meets all of the following criteria:
(i) Has at least 1 regularly employed forensic scientist who conducts analyses of controlled substances or androgenic anabolic steroids for criminal justice agencies in criminal matters, and provides testimony with respect to those analyses. See Michigan Laws 12.202Forensic test: means a drug analysis, toxicology analysis, or other forensic analysis or examination in areas including, but not limited to, latent prints, microchemistry, serology, firearms, toolmarks, or questioned documents. See Michigan Laws 12.202 Forest development fund: means the forest development fund created in section 50507. See Michigan Laws 324.53501 Forest recreation account: means the forest recreation account of the legacy fund provided for in section 2005. See Michigan Laws 324.2001 Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101 Forest trail: means a designated path or way that is not a route. See Michigan Laws 324.81101 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 Forestry commission: means a forestry commission appointed by a municipality pursuant to this part. See Michigan Laws 324.52701 Form: means the financial disclosure form created by the department in accordance with section 11. See Michigan Laws 15.703 Former employing law enforcement agency: means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562 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 Foundation: means the Michigan state parks foundation created in section 74302. See Michigan Laws 324.74301 Fraud: Intentional deception resulting in injury to another. Free flowing: means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification. See Michigan Laws 324.30501 Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Fully shielded: means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above 15 degrees below the horizontal plane and also constructed so that the filament or light source is not visible to the naked eye when viewed from a point higher than 15 degrees below the horizontal plane. See Michigan Laws 324.75101 Fund: means the 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 environmental protection bond fund created in section 19506. See Michigan Laws 324.19501 Fund: means the clean Michigan initiative bond fund created in section 19606. See Michigan Laws 324.19601 Fund: means the Great Lakes water quality bond fund created in section 19706. See Michigan Laws 324.19701 Fund: means the cleanup and redevelopment fund established in section 20108. See Michigan Laws 324.20101 Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.21101 Fund: means the 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 Fund: means the aquifer protection revolving fund created in section 31710. See Michigan Laws 324.31701 Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601 Fund: means the Michigan Great Lakes protection fund created in section 32905. See Michigan Laws 324.32901 fund: means the Great Lakes protection fund approved in the agreement. See Michigan Laws 324.33101 Fund: means the agricultural preservation fund created in section 36202. See Michigan Laws 324.36101 Fund-raising plate: means a registration plate authorized to raise funds for a specified goal. See Michigan Laws 257.811d Game and fish protection account: means the game and fish protection account of the legacy fund provided for in section 2010. See Michigan Laws 324.2001 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 324.19601 Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501 Gasoline: means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. See Michigan Laws 324.78101 general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 Generator: means a person whose act or process produces liquid industrial by-product. See Michigan Laws 324.12101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education. See Michigan Laws 15.181 Governing entity: means either of the following, as applicable:
(i) For any public body except a public body described in subparagraph (ii), the governing board of the public body. See Michigan Laws 28.582Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302 Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Grantor: The person who establishes a trust and places property into it. grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601 Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701 Great Lakes: means lakes Erie, Huron, Michigan, St. See Michigan Laws 324.76101 Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701 Great Lakes bottomlands preserve: means an area located on the bottomlands of the Great Lakes and extending upward to and including the surface of the water, which is delineated and set aside by rule for special protection of abandoned property of historical value, or ecological, educational, geological, or scenic features or formations having recreational, educational, or scientific value. See Michigan Laws 324.76101 Great Lakes charter: means the document establishing the principles for the cooperative management of the Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985. See Michigan Laws 324.32701 Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.32701 Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302 Groundwater: means the water in the zone of saturation that fills all of the pore spaces of the subsurface geologic material. See Michigan Laws 324.31701 Groundwater: means water below the land surface in a zone of saturation. See Michigan Laws 324.32801 Groundwater dispute: means a groundwater dispute declared by order of the director or the director of the department of agriculture and rural development under section 31703. See Michigan Laws 324.31701 Groundwater withdrawal conflict: means the failure of an existing water well that was constructed in compliance with part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.32801 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. Harbor: means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft, including contrivances used or designed for navigation on water and used or owned by the United States. See Michigan Laws 324.78101 Harbor: means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft. See Michigan Laws 324.79101 Harbor facilities: means the structures at a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and ashore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.78101 Harbor facilities: means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers. See Michigan Laws 324.79101 Hazardous material: means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20301 Hazardous substance: means 1 or more of the following, but does not include fruit, vegetable, or field crop residuals or processing by-products, or aquatic plants, that are applied to the land for an agricultural use or for use as an animal feed, if the use is consistent with generally accepted agricultural management practices at the time of the application or stamp sands:
(i) Any substance that the department demonstrates, on a case by case basis, poses an unacceptable risk to the public health, safety, or welfare, or the environment, considering the fate of the material, dose-response, toxicity, or adverse impact on natural resources. See Michigan Laws 324.20101HDPE: means high density polyethylene. See Michigan Laws 324.16101 Heating oil: means petroleum that is no. See Michigan Laws 324.21302 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 High-capacity well: means 1 or more water wells associated with an industrial or processing facility, an irrigation facility, or a farm that, in the aggregate from all sources and by all methods, have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701 High-risk area: means an area of the shoreland that is determined by the department on the basis of studies and surveys to be subject to erosion. See Michigan Laws 324.32301 Highly restricted personal information: includes an individual's photograph or image, Social Security number, digitized signature, and medical and disability information and source documents presented by an applicant to obtain a personal identification card under section 1. See Michigan Laws 28.291a Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.80104 Highly restricted personal information: means an individual's photograph or image, social security number, digitized signature, and medical and disability information. See Michigan Laws 324.80301 Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.81101 Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101 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 Historic snowmobile: means a snowmobile that is over 25 years old and that is owned solely as a collector's item and for occasional use and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing. See Michigan Laws 324.82101 Historical value: means value relating to, or illustrative of, Michigan history, including the statehood, territorial, colonial, and historic, and prehistoric native American periods. See Michigan Laws 324.76101 Homemade fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation that is not produced by a commercial manufacturer and does not comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452 Identification for election purposes: means , if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in the individual's voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:
(i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 168.2Immediate 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 Improvement program: means the construction, reconstruction, development, improvement, bettering, operating, maintaining, and extending a facility at a state park, including a site improvement, impoundment, road and parking lot, toilet building, concession building, shelter building, bathhouse, utility, outdoor center, visitor service facility, ski area, ski tow, ski shelter, and administration unit. See Michigan Laws 324.74101 in 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 In-kind contributions: means services and goods as approved by the department that are provided by a grant recipient toward completion of a department-approved local snowmobile program under section 82107. See Michigan Laws 324.82101 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 Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.32701 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f initiate a service credit purchase: means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system. See Michigan Laws 38.1379b Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701 Inland lake 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 324.30101Inland lake or stream: means that term as defined in section 30101. See Michigan Laws 324.78101 Institution of higher education: means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963. See Michigan Laws 15.181 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Inter vivos: Transfer of property from one living person to another living person. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interim response activity: means the cleanup or removal of a released hazardous substance or the taking of other actions, prior to the implementation of a remedial action, as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101 Investigating law enforcement agency: means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted. See Michigan Laws 28.172 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 IRC: means the internal revenue code of 1954 as in effect on January 1, 1970. See Michigan Laws 14.272 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Issuing authority: means the United States coast guard or a state that has a numbering system approved by the United States coast guard. See Michigan Laws 324.80102 Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement 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. Juvenile history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions. See Michigan Laws 28.241a Juvenile offense: means an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 28.241a Label: means a molded, imprinted, or raised symbol on or near the bottom of a plastic product. See Michigan Laws 324.16101 Lake augmentation well: means a water well used to withdraw groundwater for the purpose of maintaining or raising water levels of an inland lake or stream as defined in section 30101. See Michigan Laws 324.32701 land to be zoned: means the land in this state that borders or is adjacent to a Great Lake or a connecting waterway and that, except for flood risk areas, is situated within 1,000 feet landward from the ordinary high-water mark as defined in section 32501, land bordering or adjacent to waters affected by levels of the Great Lakes landward of the ordinary high-water mark as defined by section 30101, and land between the ordinary high-water mark and the water's edge. See Michigan Laws 324.32301 Landfill: means a landfill as defined in section 11504 that is licensed under part 115. See Michigan Laws 324.16901 lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502 Large quantity withdrawal: means 1 or more cumulative total withdrawals of over 100,000 gallons of water per day average in any consecutive 30-day period that supply a common distribution system. See Michigan Laws 324.32701 Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.32701 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 agency: means the police department of a city, township, or village, the sheriff's department of a county, the department, or any other governmental law enforcement agency of this state. See Michigan Laws 28.241a Law enforcement agency: means the department, a police agency of a city, village, or township, a sheriff's department, or any other governmental law enforcement agency in this state. See Michigan Laws 28.258 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 324.80102Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.81101Law 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. 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 324.2001 Legislative body: means any board of supervisors, township board, city or village legislative body, or school district board. See Michigan Laws 324.52701 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.771 LEIN: means law enforcement information network regulated under the C. See Michigan Laws 28.258 Lender: means any of the following:
(i) A state or nationally chartered bank. See Michigan Laws 324.20101Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Lifeboat: means a small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat, or other type of craft that is not carried aboard a vessel for lifesaving purposes. See Michigan Laws 324.80102 Liquefied petroleum gas: means gases derived from petroleum or natural gases that are in the gaseous state at normal atmospheric temperature and pressure, but that may be maintained in the liquid state at normal atmospheric temperature by suitable pressure. See Michigan Laws 324.78101 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. LNAPL: means a light nonaqueous-phase liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water, and the term encompasses all potential occurrences of LNAPL. See Michigan Laws 324.21302 Loan: means any extension of credit resulting from direct negotiations between the financial institution and its customer, or the purchase, in whole or in part, of such extension of credit from another. See Michigan Laws 206.651 Loan secured by real property: means that 50% or more of the aggregate value of the collateral used to secure a loan or other obligation, when valued at fair market value as of the time the original loan or obligation was incurred, was real property. See Michigan Laws 206.651 Lobbyist: means that term as defined in section 5 of 1978 PA 472, MCL 4. See Michigan Laws 15.703 Lobbyist agent: means that term as defined in section 5 of 1978 PA 472, MCL 4. See Michigan Laws 15.703 Local corrections officer: means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791. See Michigan Laws 28.421 Local governing body: means 1 of the following:
(i) With respect to farmland or open space land that is located in a city or village, the legislative body of the city or village. See Michigan Laws 324.36101Local government agency: means a county, city, village, or township in this state. See Michigan Laws 28.302 Local government reimbursement fund: means the local government reimbursement fund created in section 3a. See Michigan Laws 12.252 Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.20101 Local 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 Local unit: means any city, village, township, or soil conservation district acting through its governing body. See Michigan Laws 324.31301 Local unit of government: means a village, city, township, or county. See Michigan Laws 28.117 Local unit of government: means a city, village, or township. See Michigan Laws 28.452 Local unit of government: means a county, city, village, or township, or an agency of a county, city, village, or township; or a brownfield redevelopment authority, economic development corporation, or an authority or other public body created by or pursuant to state law. See Michigan Laws 324.19601 Local unit of government: means a county, city, township, or village, an agency of a local unit of government, an authority or any other public body or entity created by or pursuant to state law. See Michigan Laws 324.20101 Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.21101 Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302 Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101 Local unit of government or public authority: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of these entities, and legally constituted to provide public recreation. See Michigan Laws 324.1901 Location: means a parcel of property where refined petroleum underground storage tank systems are registered pursuant to part 211. See Michigan Laws 324.21502 Low-impact fireworks: means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3. See Michigan Laws 28.452 Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101 major political party: means each of the 2 political parties whose candidate for the office of secretary of state received the highest and second highest number of votes at the immediately preceding general election in which a secretary of state was elected. See Michigan Laws 168.16 Majority leader: see Floor Leaders Manufacturer: means a person who produces batteries for sale in this state. See Michigan Laws 324.17101 Manufacturer: means a person that produces, imports, or distributes mercury thermometers in this state. See Michigan Laws 324.17201 Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of boats or associated equipment. See Michigan Laws 324.80103Manufacturer: means a person engaged in any of the following:
(i) The manufacture, construction, or assembly of personal watercraft or associated equipment. See Michigan Laws 324.80201Manufacturer: means a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business. See Michigan Laws 324.81101 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 Marina: means a site that contains harbor facilities. See Michigan Laws 324.78101 Marina: means a site which contains harbor facilities. See Michigan Laws 324.79101 Marina purposes: means an operation making use of submerged bottomlands or filled-in bottomlands of the Great Lakes for the purpose of service to boat owners or operators, which operation may restrict or prevent the free public use of the affected bottomlands or filled-in lands. See Michigan Laws 324.32501 Marine law: means this part, a local ordinance adopted in conformity with this part, or a rule promulgated under this part. See Michigan Laws 324.80103 Marine safety act: means former Act No. See Michigan Laws 324.80103 Marine safety program: means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections. See Michigan Laws 324.80103 Marine terminal operator: means a person that stores refined petroleum or a refined petroleum product at a boat terminal transfer. See Michigan Laws 324.21502 Measurable economic benefit: means the permanent jobs that are created or retained, the capital invested, or the increased tax base to the applicable county, city, village, and township where the project is located. See Michigan Laws 324.19601 Measurable environmental benefit: means the extent that the requirements of part 201 or part 213, or both, are advanced at a brownfield project where environmental conditions inhibit the site's redevelopment or reuse. See Michigan Laws 324.19601 Mechanical or other assistance: means all humanmade devices, including pry bars, wrenches and other hand or power tools, cutting torches, explosives, winches, flotation bags, lines to surface, extra divers buoyancy devices, and other buoyance devices, used to raise or remove artifacts. See Michigan Laws 324.76101 Medicaid benefits trust fund: means the Michigan Medicaid benefits trust fund established in section 5. See Michigan Laws 12.252 Medicaid program: means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6. See Michigan Laws 12.252 Medicaid special financing payments: means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act. See Michigan Laws 12.252 Meeting: means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 Member: means a municipality, county, county agency, public school district, public college or university, or other local or regional public agency that is a member of a watershed alliance as provided for in this part. See Michigan Laws 324.31201 mental disability: includes Alzheimer's disease and dementia. See Michigan Laws 28.258 Mercuric oxide battery: means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide. See Michigan Laws 324.17101 Mercury fever thermometer: means a mercury thermometer used for measuring body temperature. See Michigan Laws 324.17201 Mercury thermometer: means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. See Michigan Laws 324.17201 Methamphetamine-related offense: means 1 or more of the following offenses under Michigan law:
(i) A violation or attempted violation of article 7 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.122Method detection limit: means the minimum concentration of a hazardous substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix that contains the analyte. See Michigan Laws 324.20101 Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301 Michigan merit award trust fund: means the Michigan merit award trust fund established in section 9. See Michigan Laws 12.252 Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3. See Michigan Laws 12.252 Michigan state parks endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.1901 Michigan vehicle code: means Act No. See Michigan Laws 324.80103 Migrating NAPL: means NAPL that is observed to spread or expand laterally or vertically or otherwise result in an increased volume of the NAPL extent, usually indicated by time series data or observation. See Michigan Laws 324.21302 Minor: means an individual who is less than 18 years of age. See Michigan Laws 28.452 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 324.30101Minority leader: See Floor Leaders Misdemeanor: means either of the following:
(i) 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 28.241aMisdemeanor: means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to 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, or both. See Michigan Laws 28.421 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 Mooring 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor oil: means oil used as a lubricant in a motor vehicle. See Michigan Laws 324.16701 Motor vehicle: means any device that is self-propelled, or partially self-propelled, by which a person or property may be transported or drawn. See Michigan Laws 324.76501 Motor vehicle: means a vehicle that is self-propelled. See Michigan Laws 324.74101 Motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103 Municipality: means a county, township, city, or village. See Michigan Laws 12.202 Municipality: means a city, village, or township. See Michigan Laws 324.301 Municipality: means a county, township, city, village, or school district. See Michigan Laws 324.52701 Municipality: means a city or village. See Michigan Laws 324.81101 NADDI: means the national association of drug diversion investigators. See Michigan Laws 28.122 NAPL: means that term as it is defined in section 21303. See Michigan Laws 324.20101 NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Nationwide permit: means a nationwide permit issued by the United States Army Corps of Engineers under 72 FR 11091 to 11198 (March 12, 2007), including all general conditions, regional conditions, and conditions imposed by this state pursuant to a water quality certification under section 401 of title IV of the federal water pollution control act, 33 USC 1341, or a coastal zone management consistency determination under section 307 of the coastal zone management act of 1972, 16 USC 1456. See Michigan Laws 324.30301 Natural gas: means natural gas, synthetic gas, and manufactured gas. See Michigan Laws 324.21101 natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101 Natural river: means a river that has been designated by the department for inclusion in the wild, scenic, and recreational rivers system. See Michigan Laws 324.30501 Net increase in wetland functions and services: means an increase in 1 or more wetland functions and services with not more than a minimal decrease in other wetland functions and services. See Michigan Laws 324.30301 New or increased large quantity withdrawal: means a new water withdrawal of over 100,000 gallons of water per day average in any consecutive 30-day period or an increase of over 100,000 gallons of water per day average in any consecutive 30-day period beyond the baseline capacity of a withdrawal. See Michigan Laws 324.32701 New or increased withdrawal capacity: means new or additional water withdrawal capacity to supply a common distribution system that is an increase from the person's baseline capacity. See Michigan Laws 324.32701 NFPA: means the National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. See Michigan Laws 28.452 No further action letter: means a written response provided by the department under section 20114d confirming that a no further action report has been approved after review by the department. See Michigan Laws 324.20101 No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101 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. Nonprofit: means that which is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501. See Michigan Laws 257.811d Nonpublic information: means information to which access, use, or dissemination is restricted by a law or rule of this state or the United States. See Michigan Laws 28.211a Nonresident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is not registered as a motor vehicle in this state. See Michigan Laws 324.74101 Nonresidential: means that category of land use for parcels of property or portions of parcels of property that is not residential. See Michigan Laws 324.20101 Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701 Notice: means a written or electronic record that informs a person of past or future action of the person generating the record. See Michigan Laws 24.205 Novelties: means that term as defined under APA Standard 87-1, 3. See Michigan Laws 28.452 NPLEx: means the national precursor log exchange. See Michigan Laws 28.122 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. Off-road vehicle: means ORV as it is defined in part 811, which is required to be registered under part 811. See Michigan Laws 324.71101 Off-road vehicle account: means the off-road vehicle account of the legacy fund provided for in section 2015. See Michigan Laws 324.2001 Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101 Office: means the office of the Michigan veterans' facility ombudsman created under this act. See Michigan Laws 4.771 Office: means , unless expressly stated otherwise, the office of performance and transformation. See Michigan Laws 24.205 Oil: means petroleum based oil. See Michigan Laws 324.16701 Ombudsman: means the Michigan veterans' facility ombudsman. See Michigan Laws 4.771 On-site: means on the same geographically contiguous property, which may be divided by a public or private right-of-way if access is by crossing rather than going along the right-of-way. See Michigan Laws 324.12102 Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701 Open space land: means 1 of the following:
(i) Land that is 1 or more of the following:
(A) An undeveloped site included in a national registry of historic places or designated as a historic site pursuant to state or federal law. See Michigan Laws 324.36101Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Operate: means to be in control of a personal watercraft while the personal watercraft is under way and is not docked or at anchor or secured in another way. See Michigan Laws 324.80201 Operate: means to ride in or on, and be in actual physical control of, the operation of an ORV. See Michigan Laws 324.81101 Operate: means to ride in or on and be in actual physical control of the operation of a snowmobile. See Michigan Laws 324.82101 Operating expenses: means the reasonable operating expenses of the authority under this act, including without limitation the cost of preparation of accounting and other reports; costs of maintaining the ratings on the bonds; bond insurance premiums; costs of authority meetings or other required activities of the authority under this act; counsel fees, including the fees of the attorney general; fees and expenses incurred for consultants, advisors, and fiduciaries relating to bonds or activities of the authority authorized by this act; and any other costs arising from activities authorized in section 8(2). See Michigan Laws 12.272 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 a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.21101 Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303 Operator: means 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 the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103 Operator: means the person who is in control or in charge of a personal watercraft while that vessel is under way. See Michigan Laws 324.80201 Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101 Operator: means any individual who operates a snowmobile. See Michigan Laws 324.82101 Optimum flow: means that rate and quantity of flow in any stream as determined in accordance with this part. See Michigan Laws 324.31301 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. 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 Ordinary high-water mark: means the elevations described in section 32502. See Michigan Laws 324.32601 organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
(i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 14.302ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101 OTHER: means multilayer. See Michigan Laws 324.16101 Outstanding: means with respect to bonds, all bonds except those that have been paid in full at maturity or that are not outstanding under the terms of the applicable authority resolution, trust indenture, or trust agreement authorizing the issuance of the bonds. See Michigan Laws 12.272 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who owns a facility. See Michigan Laws 324.20101 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21101 Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303 Owner: means that term as it is defined in section 21303. See Michigan Laws 324.21502 Owner: means a person having a freehold estate in land coupled with possession and enjoyment. See Michigan Laws 324.36101 Owner: means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel. See Michigan Laws 324.80103 Owner: means a person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person's legal title or equitable interest in a personal watercraft. See Michigan Laws 324.80201 Owner: means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101Owner: means any of the following:
(i) A person that holds the legal title to a snowmobile. See Michigan Laws 324.82101Owner of a high-capacity well: means the person that owns or controls the parcel of property where a high-capacity well is located. See Michigan Laws 324.31701 Owner of a small-quantity well: means the person that owns or controls the parcel of property where a small-capacity well is located. See Michigan Laws 324.31701 panel: means a panel of the environmental permit review commission, appointed under section 1315(2). See Michigan Laws 324.1301 Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101 Parole or probation officer of the department of corrections: means any individual employed by the department of corrections to supervise felony probationers or parolees or that individual's immediate supervisor. See Michigan Laws 28.421 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. Party: means a person or agency named, admitted, or properly seeking and entitled of right to be admitted, as a party in a contested case. See Michigan Laws 24.205 Patented lands: means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent. See Michigan Laws 324.32601 PBDE: means polybrominated diphenyl ether. See Michigan Laws 324.14721 Peace officer: means , except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Peace officer: means an officer of a law enforcement agency of the state, the federal government, or a county, township, city, or village who is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state, and includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28. See Michigan Laws 28.512 Peace 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 324.12102 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Peace officer: means 1 or both of the following:
(i) A law enforcement officer as that term is defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.80201Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.81101Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.82101Permanent building or structure: is a building or structure that is affixed to a foundation on a site that has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days. See Michigan Laws 28.452 Permanent mail ballot voter: means a registered elector who submits a signed absent voter ballot application to receive an absent voter ballot by mail for all future elections and whose application has been verified. See Michigan Laws 168.6 Permitted release: means 1 or more of the following:
(i) A release in compliance with an applicable, legally enforceable permit issued under state law. See Michigan Laws 324.20101Permitted use: means any use expressly authorized within a development rights agreement, development rights easement, or agriculture conservation easement that is consistent with the farming operation or that does not alter the open space character of the land, as applicable. See Michigan Laws 324.36101 Person: means an individual, partnership, corporation, organization, or association of any kind. See Michigan Laws 10.81 Person: means an individual, corporation, limited or general partnership, association, joint venture, limited liability company, or a governmental entity, including this state. See Michigan Laws 12.272 Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302 Person: means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. See Michigan Laws 15.232 Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Michigan Laws 15.361 Person: means a natural person, partnership, cooperative, association, private or public corporation, personal representative, receiver, trustee, assignee, or other legal entity. See Michigan Laws 28.71 Person: means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. See Michigan Laws 28.452 Person: means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case. See Michigan Laws 24.205 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 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, governmental entity, or other legal entity. See Michigan Laws 324.31701 Person: means an individual, partnership, corporation, association, or other nongovernmental legal entity. See Michigan Laws 324.33924 Person: includes an individual, corporation, limited liability company, business trust, estate, trust, partnership, or association, or 2 or more persons having a joint or common interest in land. See Michigan Laws 324.36101 Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity. See Michigan Laws 324.80201 Person: includes any individual, partnership, corporation, association, or body politic, except the United States and this state, and includes any trustee, receiver, assignee, or other similar representative of those entities. See Michigan Laws 324.78101 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l person who is liable: includes a person who is described as being subject to liability in section 20126. See Michigan Laws 324.20101 Person with a disability: means an individual who has 1 or more of the following physical characteristics:
(i) Blindness. See Michigan Laws 324.81101Personal information: means information that identifies an individual, including the individual's photograph or image, name, address (but not the 5-digit zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. See Michigan Laws 28.291a Personal information: means information that identifies an individual, including an individual's driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.80104 Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number. See Michigan Laws 324.80301 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 ORV operation or equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.81101 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. Personal watercraft: means that term as defined in 40 C. See Michigan Laws 324.80104 Personal watercraft: means a vessel that meets all of the following requirements:
(i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion. See Michigan Laws 324.80201PETE: means polyethylene terephthalate. See Michigan Laws 324.16101 PFAS: means a perfluoroalkyl or polyfluoroalkyl substance. See Michigan Laws 324.14701 physical disability: means that term as defined in section 6 of the adult foster care facility licensing act, 1979 PA 218, MCL 400. See Michigan Laws 168.19 Pipeline terminal operator: means a person that receives and stores refined petroleum or a refined petroleum product in tanks and other equipment used in receiving and storing refined petroleum or a refined petroleum product from interstate and intrastate pipelines, pending wholesale bulk reshipment. See Michigan Laws 324.21503 Pistol: means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm. See Michigan Laws 28.421 Plaintiff: The person who files the complaint in a civil lawsuit. Plan: means a plan adopted by the board or boards and approved by an order of the department for the best development, utilization, and conservation of the surplus water of the state. See Michigan Laws 324.31301 Planning commission: means a planning commission created under the Michigan planning enabling act, 2008 PA 33, MCL 125. See Michigan Laws 324.36101 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 Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104 Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80201 political subdivision: means any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301 Pollution prevention: means eliminating or minimizing the initial generation of waste at the source, reuse of waste, or utilizing environmentally sound on-site or off-site recycling. See Michigan Laws 324.1403 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 324.14501Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104 Portable shredding operation: means a person who operates scrap tire shredding equipment that produces a commodity or tire shreds and that can be moved from site to site. See Michigan Laws 324.16901 Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101 Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101 Potable water: means water that at the point of use is acceptable for human consumption. See Michigan Laws 324.31701 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC 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 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 80176(6), a local ordinance substantially corresponding to section 80176(6), a law of another state substantially corresponding to section 80176(6), or a law of the United States substantially corresponding to section 80176(6) may be used as a prior conviction other than for enhancement purposes as provided in section 80178a(1)(b). See Michigan Laws 324.80104Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101Prior 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 324.82101Private foundation trust: means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC. See Michigan Laws 14.272 Privilege: means the privilege provided to an environmental audit report as provided in this part. See Michigan Laws 324.14801 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Processing deadline: means the last day of the processing period. See Michigan Laws 324.1301 Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 14.302 Professional hydrologist or hydrogeologist: means an individual holding a license or registration from any state as a professional hydrologist, hydrogeologist, or geologist, or a current certification as a professional geologist by the American Institute of Professional Geology. See Michigan Laws 324.32706c profile: means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record. See Michigan Laws 28.172 Program: means a permit program or regulatory program administered by the department under this act. See Michigan Laws 324.2701 project: means the entire project to be undertaken, including, but not limited to, the actual site remediation and its resulting economic development. See Michigan Laws 324.19601 Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303 Property taxes: means general ad valorem taxes levied after January 1, 1974, on lands and structures in this state, including collection fees, but not including special assessments, penalties, or interest. See Michigan Laws 324.36101 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public agency: means the department or a local or federal unit of government. See Michigan Laws 324.81101 Public boating access site: means a publicly owned site for the launching of recreational watercraft. See Michigan Laws 324.78101 Public body: means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof. See Michigan Laws 15.232Public body: means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117. See Michigan Laws 15.262 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 body: means either of the following, within this state:
(i) A multicounty metropolitan district authorized and established pursuant to state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks. See Michigan Laws 28.582Public charitable organization: means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC. See Michigan Laws 14.272 Public employee: means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment. See Michigan Laws 15.181 public 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 highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303 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 officer: means a person who is elected or appointed to any of the following:
(i) An office established by the state constitution of 1963. See Michigan Laws 15.181Public officer: means a person appointed by the governor or another executive department official. See Michigan Laws 15.341 Public officer: means all of the following:
(i) A state representative. See Michigan Laws 15.703Public record: means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. See Michigan Laws 15.232 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 Publicly owned treatment works: means any entity that treats municipal sewage or industrial waste or liquid industrial by-product that is owned by the state or a municipality, as that term is defined in 33 USC 1362. See Michigan Laws 324.12102 Purchaser: means a person who receives a firearm from another person by purchase or gift. See Michigan Laws 28.421 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 retired law enforcement officer: means that term as defined in 18 USC 926C(c). See Michigan Laws 28.512 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 324.16901Rack: means a mechanism for delivering refined petroleum or a refined petroleum product from a refiner, a pipeline terminal operator, or a marine terminal operator into a railroad tank car, a transport truck, a tank wagon, or the fuel supply tank of a marine vessel. See Michigan Laws 324.21503 Rare and imperiled wetland: means any of the following:
(i) Great Lakes marsh. See Michigan Laws 324.30301RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303 RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recess: A temporary interruption of the legislative business. Reclamation: means either processing to recover a usable product or regeneration. See Michigan Laws 324.12102 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 324.30101Record: means information that is inscribed on a paper or electronic medium. See Michigan Laws 24.205 Recreation improvement account: means the recreation improvement account of the legacy fund provided for in section 2020. See Michigan Laws 324.2001 Recreation improvement account: means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020. See Michigan Laws 324.71101 Recreation passport fee: means a state park and state-operated public boating access site recreation passport fee paid under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.2001 Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.74101 Recreation passport fee: means that term as defined in section 2001. See Michigan Laws 324.78101 Recreational boating facilities: means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations. See Michigan Laws 324.78101 Recreational projects: means , in addition to the activities provided for in this part, the construction, maintenance, and operation of trails and associated facilities that may be used by off-road vehicles, cross-country skiers, horseback riders, and hikers, and inland lake cleanup grants as provided by part 309. See Michigan Laws 324.71101 Recreational snowmobile trail improvement subaccount: means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110. See Michigan Laws 324.82101 Recreational value: means value relating to an activity that the public engages in, or may engage in, for recreation or sport, including scuba diving and fishing. See Michigan Laws 324.76101 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 Refiner: means a person that meets both of the following:
(i) Manufactures or produces refined petroleum or a refined petroleum product at a refinery. See Michigan Laws 324.21503Refinery: means a facility used by a refiner to produce refined petroleum or a refined petroleum product from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons by any process involving substantially more than the blending of refined petroleum and from which refined petroleum or a refined petroleum product may be removed by pipeline or marine vessel or at a rack. See Michigan Laws 324.21503 Registered forester: means a forester registered under section 53509. See Michigan Laws 324.53501 Registrant: means a person who has registered a water withdrawal under section 32705. See Michigan Laws 324.32701 Registrar: means the state registrar as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.258 Regular election: means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office. See Michigan Laws 168.3 Regular place of business: means an office at which the financial institution carries on its business in a regular and systematic manner and which is continuously maintained, occupied, and used by employees of the financial institution. See Michigan Laws 206.651 Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.21101Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303Regulatory fee: means the environmental protection regulatory fee imposed under section 21508. See Michigan Laws 324.21503 Release: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance. See Michigan Laws 324.20101 Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101 Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303 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. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Remand: When an appellate court sends a case back to a lower court for further proceedings. Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101 Remedial action plan: means a work plan for performing remedial action under this part. See Michigan Laws 324.20101 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 Report: means the financial disclosure report required under section 10 of article IV of the state constitution of 1963. See Michigan Laws 15.703 Reporting agency: means 1 of the following:
(i) If property is seized by or forfeited to a local unit of government, that local unit of government. See Michigan Laws 28.117Reporting period: means the preceding calendar year. See Michigan Laws 15.703 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. reserve officer: means , except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act. See Michigan Laws 28.421 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 Residence address: means the place that is the settled home or domicile at which a person legally resides, which meets the definition of residence as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 28.291a Resident: means every person who resides in this state and establishes that he or she is legally present in the United States. See Michigan Laws 28.291a Resident motor vehicle: means a motor vehicle other than a commercial motor vehicle that is registered as a motor vehicle in this state. See Michigan Laws 324.74101 Resident motor vehicle: means that term as defined in section 74101. See Michigan Laws 324.78101 Resident veteran: means a veteran who is a resident of a Michigan veterans' facility or an individual who is a resident of a Michigan veterans' facility by virtue of the individual's relationship with a veteran. See Michigan Laws 4.771 Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101 Response activity: means that term as it is defined in part 201 or corrective action as defined in part 213. See Michigan Laws 324.19601 Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101 Response activity plan: means a plan for undertaking response activities. See Michigan Laws 324.20101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail location: means a facility listed under NFPA 1124, 7. See Michigan Laws 28.452 Retailer: means a person that sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use. See Michigan Laws 28.452 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 Retired federal law enforcement officer: means an individual who was an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility was enforcing laws of the United States, who was required to carry a firearm in the course of the individual's duties as a law enforcement officer, and who retired in good standing from the individual's employment as a federal law enforcement officer. See Michigan Laws 28.421 retired law enforcement officer: means an individual who was a police officer or law enforcement officer who was licensed or certified as described in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421 Retreader: means a person who retreads, recases, or recaps tire casings for reuse. See Michigan Laws 324.16901 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC 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 owner: means a person who owns frontage bordering bottomlands. See Michigan Laws 324.32601 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 Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601 River: means a flowing body of water or a portion or tributary of a flowing body of water, including streams, creeks, or impoundments and small lakes thereon. See Michigan Laws 324.30501 River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701 River management: means the control of river flow by the operation of dams, reservoirs, conduits, and other human-made devices in order to improve and expand the uses of the river for those who depend upon it for a variety of private and public benefits. See Michigan Laws 324.31101 Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101 Roadway: means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. See Michigan Laws 324.82101 Roundtable: means the agriculture and rural communities roundtable convened under section 2303. See Michigan Laws 324.2301 Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101 Rule: means a rule, as that term is defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.452 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Rural county: means a county with a population of less than 70,000. See Michigan Laws 324.2301 SAF: means Society of American Foresters. See Michigan Laws 324.53501 Sample: means a portion of an individual's blood, saliva, or tissue collected from the individual. See Michigan Laws 28.172 Saturated zone: means a soil area where the soil pores are filled with groundwater and can include the presence of LNAPL. See Michigan Laws 324.21303 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 board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 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 Secretary of state: means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees. See Michigan Laws 324.78101 Security interest: means any interest, including a reversionary interest, in real property created or established for the purpose of securing a loan or other obligation. See Michigan Laws 324.20101 Seller: means a person who sells or gives a firearm to another person. See Michigan Laws 28.421 Serious impairment of a body function: means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.452 Serious violation: means a violation of this act, an order issued under this act, or a rule promulgated or adopted by reference under this act for which a substantial probability exists that death or serious impairment of a body function to an individual other than the violator may result unless the violator did not and could not, with the exercise of reasonable diligence, know of the presence of the violation. See Michigan Laws 28.452 Service of process: The service of writs or summonses to the appropriate party. session days: means any calendar day on which the commission meets and a quorum is present. See Michigan Laws 15.212 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 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 Shipping document: means a log, an invoice, a bill of lading, or other record, in either written or electronic form, that includes all of the following information:
(i) The name and address of the generator. See Michigan Laws 324.12102Shoreland: means the land, water, and land beneath the water that is in close proximity to the shoreline of a Great Lake or a connecting waterway. See Michigan Laws 324.32301 Shoreline: means that area of the shorelands where land and water meet. See Michigan Laws 324.32301 Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101 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 signature on file: means any of the following:
(a) Any signature of an elector contained in the qualified voter file. See Michigan Laws 168.766aSite: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303 Site: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Site identification number: means a number that is assigned by the United States Environmental Protection Agency or the department to a transporter or facility. See Michigan Laws 324.12102 Site-specific review: means the department's independent review under section 32706c to determine whether the withdrawal is a zone A, zone B, zone C, or zone D withdrawal and whether a withdrawal is likely to cause an adverse resource impact. See Michigan Laws 324.32701 Slow--no wake speed: means the use of a vessel at a very slow speed so that the resulting wake or wash is minimal. See Michigan Laws 324.80201 Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.32701 Small-quantity well: means 1 or more water wells of a person at the same location that, in the aggregate from all sources and by all methods, do not have the capability of withdrawing 100,000 or more gallons of groundwater in 1 day. See Michigan Laws 324.31701 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 legacy fund provided for in section 2025. See Michigan Laws 324.2001 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.71101 Snowmobile account: means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025. See Michigan Laws 324.82101 Snowmobile registration fee subaccount: means the snowmobile registration fee subaccount of the snowmobile account created in section 82111. See Michigan Laws 324.82101 Software: means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. See Michigan Laws 15.232 Solid waste: means solid waste as defined in part 115. See Michigan Laws 324.901 Solid waste hauler: means a solid waste hauler as defined in section 11506 who transports less than 25% by weight or volume of scrap tires along with other solid waste in any truckload to a disposal area licensed under part 115. See Michigan Laws 324.16901 Source: means any storage, handling, distribution, or processing equipment from which the release originates and first enters the environment. See Michigan Laws 324.20101 Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.32701 Southern county: means Muskegon, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, or Macomb County, or a county lying south of the territory constituted by these counties. See Michigan Laws 324.81101 Special effects: means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment. See Michigan Laws 28.452 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 324.80104Specialty 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 324.81101Specialty 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 324.82101Spill: means any leaking, pumping, pouring, emptying, emitting, discharging, escaping, leaching, or disposing of a hazardous material in a quantity which is or may become injurious to the public health, safety, welfare, or to the environment. See Michigan Laws 324.20301 Split interest trust: means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC. See Michigan Laws 14.272 Spouse: means an individual who is lawfully married to a public officer as described under 26 C. See Michigan Laws 15.703 SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303 Stamp sands: means finely grained crushed rock resulting from mining, milling, or smelting of copper ore and includes native substances contained within the crushed rock and any ancillary material associated with the crushed rock. See Michigan Laws 324.20101 Standard driver license: means an operator's license or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.302 Standard official state personal identification card: means an official state personal identification card issued under 1972 PA 222, MCL 28. See Michigan Laws 28.302 Standing committees: means the committees of the senate and house of representatives with primary responsibility for agriculture. See Michigan Laws 324.2301 Starboard: means right, and reference is to the starboard side of a vessel or to the right side of the vessel. See Michigan Laws 324.80104 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State agency: means either the department or the governing body of the state park that is participating in an authority. See Michigan Laws 324.901 State aid: means payment made by this state to a county for the conduct of a marine safety program. See Michigan Laws 324.80104 State court judge: means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment. See Michigan Laws 28.421 State court retired judge: means a judge or justice described in subdivision (q) who is retired, or a retired judge of the recorders court. See Michigan Laws 28.421 State fire marshal: means the state fire marshal appointed under section 1b of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.452 State forester: means that term as defined in section 50502. See Michigan Laws 324.53501 State income tax act: means the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 324.36101 State land use agency: means the department of agriculture and rural development. See Michigan Laws 324.36101 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 State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74101 State park: means a state park or state recreation area designated by the director. See Michigan Laws 324.74301 State park improvement account: means the state park improvement account of the legacy fund provided for in section 2030. See Michigan Laws 324.2001 State park improvement account: means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030. See Michigan Laws 324.74101 State park revenues: means all revenues collected for state parks, including but not limited to, revenue from recreation passport fees, motor vehicle permits, concession fees, nonmotorized trail permits, fees, leases, camping fees, sale of farm animals from Maybury state park, donations, and gifts. See Michigan Laws 324.74101 State treasurer: means the state treasurer of this state or his or her designee, if the designee is authorized to exercise delegated signatory power for purposes of this act in a written instrument signed by the state treasurer and maintained in a permanent file. See Michigan Laws 12.272 Static water level: means the distance between the ground surface and the water level within a well that is not being pumped. See Michigan Laws 324.32801 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Storage: means the containment of liquid industrial by-product, on a temporary basis, in a manner that does not constitute disposal of the by-product. See Michigan Laws 324.12102 Storage requirements: means the requirements of section 16903(1) and, if applicable, (2). See Michigan Laws 324.16901 Strategic outreach and attraction reserve fund: means the strategic outreach and attraction reserve fund created in section 4. See Michigan Laws 12.252 Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701 Stream reach: means a segment of a stream or river. See Michigan Laws 324.32701 Streamflow depletion calculation: means an evaluation of the potential streamflow depletion in which all of the following are done:
(i) The streambed conductance of the potentially impacted streams shall be measured in-situ using slug testing, seepage meter testing, or both. See Michigan Laws 324.32706cStreet: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101 Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act. Supplemental environmental project: means an environmentally beneficial project that an alleged violator agrees to undertake in settlement of an enforcement action, but which the alleged violator is not otherwise legally required to undertake. See Michigan Laws 324.1403 Supplier: means a supplier or permissive supplier licensed under the motor fuel tax act, 2000 PA 403, MCL 207. See Michigan Laws 324.21503 Surface impoundment: means a treatment facility, storage facility, or disposal facility or part of a treatment, storage, or disposal facility that is either a natural topographic depression, a human-made excavation, or a diked area formed primarily of earthen materials. See Michigan Laws 324.12102 Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
(i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303Surplus water: means water that may be impounded without decreasing the flow of a river or stream below its optimum flow. See Michigan Laws 324.31301 System: means all of those rivers or portions of rivers designated under this part. See Michigan Laws 324.30501 Tank wagon: means a straight truck having 1 or more compartments other than the fuel supply tank designed or used to carry fuel. See Michigan Laws 324.21503 Target detection limit: means the detection limit for a hazardous substance in a given environmental medium that is specified in a rule promulgated by the department. See Michigan Laws 324.20101 teacher: as used in this act means a certificated individual employed for a full school year by any board of education or controlling board. See Michigan Laws 38.71 Temporary ordinance: means a type of local ordinance adopted by a political subdivision of this state under section 80112a that includes, but is not limited to, a local watercraft control or administrative rule. See Michigan Laws 324.80104 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. Terminal: means a refined petroleum or refined petroleum products storage and distribution facility that meets all of the following requirements:
(i) Is registered as a qualified terminal by the internal revenue service. See Michigan Laws 324.21503Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Thermostat: means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. See Michigan Laws 324.17201 this part: includes "rules promulgated under this part". See Michigan Laws 324.20101 threat of release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.20101 threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303 Thriving fish curve: means a fish functional response curve that describes the initial decline in density of thriving fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701 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 Tobacco settlement revenue: means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. See Michigan Laws 12.252 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting its 1980 decennial census. See Michigan Laws 4.804 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 Traffic lane: means a clearly marked lane on a roadway. See Michigan Laws 324.81101 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. Transmix: means the mixed product that results from the buffer or interface of 2 different products in a pipeline shipment, or a mixture of 2 different products within a refinery or terminal that results in an off-grade mixture. See Michigan Laws 324.21503 Transport truck: means a semitrailer combination rig designed or used for the purpose of transporting refined petroleum or a refined petroleum product over the public roads or highways. See Michigan Laws 324.21503 Transportation: means the movement of liquid industrial by-product by air, rail, public or private roadway, or water. See Michigan Laws 324.12102 Transportation administration collection fund: means the fund created under section 810b. See Michigan Laws 257.811d Transporter: means a person engaged in the off-site transportation of liquid industrial by-product by air, rail, public roadway, or water. See Michigan Laws 324.12102 Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any liquid industrial by-product, to neutralize the by-product, or to render the by-product safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume. See Michigan Laws 324.12102 Treatment facility: means a facility or part of a facility at which liquid industrial by-product undergoes treatment. See Michigan Laws 324.12102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust: means an express trust created by a trust instrument, including a will. See Michigan Laws 14.272 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trust fund: means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963. See Michigan Laws 324.1901 Trustee: A person or institution holding and administering property in trust. Trustee: means the trustee or person possessing a power referred to in this act. See Michigan Laws 14.272 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21101 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303 Underground storage tank system: means that term as it is defined in section 21303. See Michigan Laws 324.21503 Undocumented vessel: means a vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard. See Michigan Laws 324.80104 Unearned income: means income that is not earned from employment, including, but not limited to, financial prize, unemployment benefits, annuities, stock dividends, deferred compensation, pension, profit sharing, or retirement income. See Michigan Laws 15.703 Unethical conduct: means a violation of the standards in section 2. See Michigan Laws 15.341 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4 Uniformed and overseas citizens absentee voting act: means the uniformed and overseas citizens absentee voting act, 42 USC 1973ff to 1973ff-6. See Michigan Laws 168.18 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o United States Department of Defense verified electronic signature: means the certificate-based digital identification code issued to qualified personnel by the United States Department of Defense as part of the Common Access Card, or its successor. See Michigan Laws 168.18a Unmaintained portion: means the portion of a street, county road, or highway that is not the maintained portion. See Michigan Laws 324.81101 Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601 Unusual circumstances: means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:
(i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request. See Michigan Laws 15.232Uphold: The decision of an appellate court not to reverse a lower court decision. Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101 Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Use: means operate, navigate, or employ. See Michigan Laws 324.80201 Used oil: means any oil that has been refined from crude oil, or any synthetic oil, that has been used and that, as a result of the use, is contaminated by physical or chemical impurities. See Michigan Laws 324.12102 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 Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303 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 transport vehicle as defined by 49 C. See Michigan Laws 324.12102 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: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101 Vehicle support stand: means equipment used to support a stationary vehicle consisting of an inflated tire and wheel that is attached to another wheel. See Michigan Laws 324.16901 Venting groundwater: means groundwater that is entering a surface water of this state from a facility. See Michigan Laws 324.20101 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80201 Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.71101Vessel: means all watercraft except the following:
(i) Watercraft used for commercial fishing. See Michigan Laws 324.78101Veteran: means that term as defined in section 2a of 1885 PA 152, MCL 36. See Michigan Laws 4.771 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Violation notice: means a written notice or formal enforcement action by the department, the United States environmental protection agency, or the enforcing agency of a local unit of government in response to a violation of an applicable environmental requirement. See Michigan Laws 324.1403 Violations committee: means the violations committee appointed under section 53505. See Michigan Laws 324.53501 Visual supervision: means the direct observation of the operator with the unaided or normally corrected eye by an observer who is able to come to the immediate aid of the operator. See Michigan Laws 324.81101 Volunteer: means an individual who is designated as a volunteer by the public entity designated by the governor and is acting solely on behalf of that entity without remuneration beyond reimbursement for out-of-pocket expenses in connection with the assistance. See Michigan Laws 324.20301 Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701 Waste: means any environmental pollutant, waste, discharge, or emission, regardless of how it is regulated and regardless of whether it is released to the general environment or the workplace environment. See Michigan Laws 324.1403 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 well: means an opening in the surface of the earth, however constructed, that is used for the purpose of withdrawing groundwater. See Michigan Laws 324.31701 water withdrawal: means the removal of water from its source for any purpose. See Michigan Laws 324.30103 Watercraft: means a contrivance used or designed for navigation on water, including a vessel, boat, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat, or any marine equipment that is capable of carrying passengers, except a ferry. See Michigan Laws 324.80301 Watercraft: means any contrivance that is used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include watercraft used or owned by the United States. See Michigan Laws 324.71101 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include contrivances used or owned by the United States. See Michigan Laws 324.78101 Watercraft: means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.79101 Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501 Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501 Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501 Waters of the state: means all groundwaters, lakes, rivers, streams, and other watercourses including the Great Lakes and their connecting waterways within the jurisdiction of the state. See Michigan Laws 324.20301 Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80201 Watershed: means a geographic area in the state within which surface water drains into a common river, stream, or body of water. See Michigan Laws 324.31201 Watershed alliance: means an organization established under section 31202. See Michigan Laws 324.31201 Waterway: means any body of water. See Michigan Laws 324.78101 Waterways account: means the waterways account of the legacy fund provided for in section 2035. See Michigan Laws 324.2001 Waterways account: means the waterways account established in section 2035. See Michigan Laws 324.80104 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.71101 Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.78101 Well drilling contractor: means a well drilling contractor registered under part 127 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.31701 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 324.30301Wholesaler: means a person that sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. See Michigan Laws 28.452 Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701 Work 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. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content. See Michigan Laws 15.232 Written request: means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means. See Michigan Laws 15.232 Zinc carbon battery: means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both. See Michigan Laws 324.17101 Zone D withdrawal: means , beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact. See Michigan Laws 324.32701