Michigan Laws 338.3355 – Asbestos abatement project; contract with public entity; affidavit requirements
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 338.3355
- 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.
- Asbestos: means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite. See Michigan Laws 338.3353
- Asbestos abatement contractor: means a business entity that is licensed under the asbestos abatement contractors licensing act, 1986 PA 135, MCL 338. See Michigan Laws 338.3353
- Asbestos abatement project: means any activity involving persons working directly with the demolition, renovation, or encapsulation of friable asbestos materials. See Michigan Laws 338.3353
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Public entity: means this state or an agency or authority of this state, school district, community college district, intermediate school district, city, village, township, county, land bank, public authority, or public airport authority. See Michigan Laws 338.3353
(1) A public entity shall not enter into an asbestos abatement project with an asbestos abatement contractor, or a general contractor that contracts with an asbestos abatement contractor, for the abatement of asbestos unless the asbestos abatement contractor seeking to bid on the asbestos abatement project, before entering into a contract with the public entity, files an affidavit describing any criminal convictions relating to compliance with environmental laws or regulations and any violation notices of environmental laws or regulations, or whether it has been subject to an administrative order or consent judgment within the immediately preceding 5 years. If the asbestos abatement contractor has a criminal conviction related to compliance with environmental regulations as disclosed by the asbestos abatement contractor, the public entity shall not enter into a contract for an asbestos abatement project with that asbestos abatement contractor.
(2) If an asbestos abatement contractor enters into a contract with a public entity for an asbestos abatement project, the asbestos abatement contractor shall not enter into a contract with another asbestos abatement contractor unless that asbestos abatement contractor files an affidavit as described in subsection (1).