Section 324.21514 - Payment of co-pay amount by owner or operator; second release; limitation; transfer.

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994

324.21514 Payment of co-pay amount by owner or operator; second release; limitation; transfer.

Sec. 21514.

(1) Except as provided in subsection (2) and section 21511, an owner or operator who is eligible under section 21510 or 21511 to receive money from the fund in the event of a release is responsible for the payment of 10% of each work invoice submitted up to a maximum of $15,000.00 of corrective action or indemnification costs associated with the release. This amount or the amount provided for in subsection (2) may be referred to as the co-pay amount. An owner or operator who has paid $10,000.00 of corrective action costs on October 26, 1993 for a release in which a claim has been submitted is exempt from any additional co-pay amounts for that release.

(2) An owner or operator who is eligible to receive money from the fund in the event of a second release at a location is responsible for the payment of 30% of each work invoice up to a maximum of $45,000.00 of corrective action or indemnification costs associated with the release.

(3) An owner or operator is not eligible to receive money from the fund for more than 2 releases at a location.

(4) Upon transfer or sale of any legal, equitable, or possessory interest in property, which at the time of transfer is otherwise in compliance with this part and the rules promulgated under this part, or upon which an approved claim and the corresponding corrective action is in progress, any co-pay amount paid, by written agreement, may be transferred.


History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA