Section 324.21313a - Incomplete report; failure to provide required submittal; penalty; computing period of time; extension of reporting deadline; contract provision for payment of fines; disposition
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21313a Incomplete report; failure to provide required submittal; penalty; computing period of time; extension of reporting deadline; contract provision for payment of fines; disposition of money collected; appeal of penalty; accrual of penalty.
Sec. 21313a.
(1) Beginning on the effective date of the amendatory act that added subsection (7), except as provided in subsection (7), and except for the confirmation provided in section 21312a(2), if a report is not completed or a required submittal under section 21308a, 21311a, or 21312a(1) is not provided during the time required, the department may impose a penalty according to the following schedule:
(a) Not more than $100.00 per day for the first 7 days that the report is late.
(b) Not more than $500.00 per day for days 8 through 14 that the report is late.
(c) Not more than $1,000.00 per day for each day beyond day 14 that the report is late.
(2) For purposes of this section, in computing a period of time, the day of the act, event, or default, after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or holiday.
(3) The department may, upon request, grant an extension to a reporting deadline provided in this part for good cause upon written request 15 days prior to the deadline.
(4) The owner or operator may by contract transfer the responsibility for paying fines under this section to a consultant retained by the owner or operator.
(5) The department shall forward all money collected pursuant to this section to the state treasurer for deposit in the emergency response fund created in section 21507.
(6) An appeal of a penalty imposed under this section may be taken pursuant to section 631 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.631 of the Michigan Compiled Laws.
(7) A penalty shall not begin to accrue under this section unless the department has first notified the person on whom the penalty is imposed that he or she is subject to the penalties provided in this section.
History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996
Popular Name: Act 451
Popular Name: NREPA