Section 324.20129a - Exemption from liability; petition.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.20129a Exemption from liability; petition.
Sec. 20129a.
(1) A person may petition the department within 6 months after completion of a baseline environmental assessment for a determination that that person meets the requirements for an exemption from liability under section 20126(1)(c) and, in conjunction with that exemption, a determination that the proposed use of the facility satisfies the person's obligations under section 20107a. This request may be made by a prospective purchaser or transferee prior to actual transfer of ownership or other interest to that person or by a lender prior to foreclosure. The request shall be submitted on a form provided by the department along with the fee provided in subsection (4). The person petitioning the department under this subsection shall attach to the petition all of the following:
(a) The baseline environmental assessment.
(b) A detailed description of the proposed use of the facility.
(c) A plan for any response activities that are necessary to assure that the proposed use of the facility satisfies the requirements of section 20107a if a determination regarding compliance with that section is requested.
(d) The qualifications of the environmental professionals who have made the recommendations.
(2) Within 15 business days after receipt of a petition under subsection (1), the department shall issue a written determination to the person submitting the petition that does either of the following:
(a) Affirms that the criteria for obtaining the exemption have been met and affirms that the proposed use of the facility would satisfy the person's obligations under section 20107a if the person complies with the plan for the proposed use of the facility submitted under subsection (1).
(b) Provides that the criteria for obtaining the exemption have not been met or that the proposed use of the facility does not satisfy the person's obligation under section 20107a, the specific reasons for the denial, and how the applicant could meet the criteria and satisfy the person's obligations under section 20107a, if possible.
(3) A determination by the department under this section may be conditioned on completion of response activities described in the petition.
(4) Until September 30, 2013, a petition submitted under subsection (1) shall be accompanied by a fee of $750.00. The department shall deposit all fees collected under this section into the fund. The department shall annually submit a report to the legislature that details all of the following:
(a) The number of petitions received pursuant to this section.
(b) The average length of time which the department has taken to issue written determinations pursuant to this section.
(c) The number of times in which written determinations were not issued within the required time period.
(d) The approximate amount of department staff time necessary to issue a written determination under this section.
(5) A person who is provided an affirmative determination under this section is not liable for a claim for response activity costs, fines or penalties, natural resources damages, or equitable relief under part 17, part 31, or common law resulting from the contamination identified in the petition or from contamination existing on the property on the date in which ownership or control of the property was transferred to the person. The liability protection afforded in this subsection does not extend to a violation of any permit issued under state law. This subsection does not alter a person's liability for a violation of section 20107a for a use or activity of property that is inconsistent with the determination.
History: Add. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 1997, Act 61, Imd. Eff. July 7, 1997 ;-- Am. 1999, Act 30, Imd. Eff. May 27, 1999 ;-- Am. 2004, Act 114, Imd. Eff. May 21, 2004 ;-- Am. 2005, Act 42, Imd. Eff. June 9, 2005 ;-- Am. 2007, Act 14, Imd. Eff. May 29, 2007
Popular Name: Act 451
Popular Name: Environmental Remediation
Popular Name: Environmental Response Act
Popular Name: NREPA