Michigan Laws 324.20135a – Access to property; action by court
Current as of: 2024 | Check for updates
|
Other versions
(1) A person who is liable under section 20126 or a lender that has a security interest in all or a portion of a facility may file a petition in the circuit court of the county in which the facility is located seeking access to the facility in order to conduct response activities approved by the department. If the court grants access to property under this section, the court may do any of the following:
(a) Provide compensation to the property owner or operator for damages related to the granting of access to the property, including compensation for loss of use of the property.
Terms Used In Michigan Laws 324.20135a
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- 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
- Lender: means any of the following:
(i) A state or nationally chartered bank. See Michigan Laws 324.20101Operator: means a person who is in control of or responsible for the operation of a facility. See Michigan Laws 324.20101 Owner: means a person who owns a facility. See Michigan Laws 324.20101 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 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 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 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
(b) Enjoin interference with the response activities.
(c) Grant any other appropriate relief as determined by the court.
(2) If a court grants access to property under this section, the owner or operator of the property to which access is granted is not liable for either of the following:
(a) A release caused by the response activities for which access is granted unless the owner or operator is otherwise liable under section 20126.
(b) For conditions associated with the response activity that may present a threat to public health or safety.