NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.20102 Legislative finding and declaration.
Sec. 20102.
The legislature hereby finds and declares:
(a) That there exist in this state certain facilities containing hazardous substances that pose a danger to the public health, safety, or welfare, or to the environment of this state.
(b) That there is a need to provide for a method of eliminating the danger of environmental contamination caused by the existence of hazardous substances at facilities within the state.
(c) That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, or welfare, or to the environment from environmental contamination at facilities within the state.
(d) That there is a need for additional administrative and judicial remedies to supplement existing statutory and common law remedies.
(e) That the responsibility for the cost of response activities pertaining to a release or threat of release and repairing injury, destruction, or loss to natural resources caused by a release or threat of release should not be placed upon the public except when funds cannot be collected from, or a response activity cannot be undertaken by, a person liable under this part.
(f) That liability for response activities to address environmental contamination should be imposed upon those persons who are responsible for the environmental contamination.
(g) That to the extent possible, consistent with requirements under this part and rules promulgated under this part, response activities shall be undertaken by persons liable under this part.
(h) That this part is intended to provide remedies for facilities posing any threat to the public health, safety, or welfare, or to the environment, regardless of whether the release or threat of release of a hazardous substance occurred before or after October 13, 1982, the effective date of the former environmental response act, Act No. 307 of the Public Acts of 1982, and for this purpose this part shall be given retroactive application. However, criminal and civil penalties provided in this part shall apply to violations of this part that occur after July 1, 1991.
(i) That a facility that is owned by the federal government, the state, or a local unit of government, or a facility where a release or threat of release is caused by the federal government, the state, or a local unit of government, should not be treated differently in terms of the expenditure of money for response activities than any facility.
(j) That if a person who is liable under section 20126 is the state or a local unit of government, this part should be enforced by the attorney general and the department in the same manner as it would be for any other person who is liable under section 20126.
(k) That this part is not intended to impose penalties or exemplary damages upon parties conducting response activities pursuant to a decree or order to which the United States is a party.
(l) That this part is intended to foster the redevelopment and reuse of vacant manufacturing facilities and abandoned industrial sites that have economic development potential, if that redevelopment or reuse assures the protection of the public health, safety, welfare, and the environment.
(m) That it is the intent of the legislature that, in implementing this part, the department shall act reasonably in its exercise of professional judgment.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
PopularName Notes:
Act 451
PopularName Notes:
Environmental Remediation
PopularName Notes:
Environmental Response Act
PopularName Notes:
NREPA
Notes of Decisions
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
· cites it 12× “[14] MCL 324.20102(c) provides: That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, and welfare, or to the environment from environmental contamination at facilities within the state.”
Henry v. Dow Chem. Co., 701 N.W.2d 684 (Mich. 2005).
· cites it 6× “" MCL 324.20102(d) (emphasis added). The MDEQ's ability to act does not eliminate defendant's responsibility to plaintiffs or eliminate the fact that plaintiffs can seek a court-supervised medical monitoring program funded by defendant.”
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
· cites it 5× “” MCL 324.20102(Z). Accordingly, preventing a corporation from bringing suit under the NREPA would be contrary to the stated purpose and goals of Part 201.”
Howell Twp. v. Rooto Corp., 670 N.W.2d 713 (Mich. Ct. App. 2003).
· cites it 4× “Compare Howell Township Ordinance 53, §§ 1, 5 with MCL 324.20102 and MCL 324.20126. With regard to purpose, § 1 of the ordinance provides: In order to protect Howell Township from incurring extraordinary expenses resulting from the utilization of Township resources to respond to…”
Dep't of Env't Quality v. Waterous Co, 760 N.W.2d 856 (Mich. Ct. App. 2008).
· cites it 2× “20107a, Waterous is erroneously attempting to obscure its own liability and circumvent the act’s intent that the primary responsibility for remediation is on the party liable for the contamination — which is indicated by the language in MCL 324.20102: The legislature hereby…”
John R. Sand & Gravel Co. v. United States, 62 Fed. Cl. 556 (Fed. Cl. 2004).
· cites it 2× “20107a is a public health, safety and welfare statute because “it is the purpose of [Part 201] to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, or welfare .”
1031 Lapeer LLC v. Rice, 810 N.W.2d 293 (Mich. Ct. App. 2010).
“MCL 324.20102 includes the following among the express purposes of part 201 of NREPA: (c) That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, or welfare, or to the environment from…”
Silver Creek Drain Dist. v. Extrusions Div., Inc, 630 N.W.2d 347 (Mich. Ct. App. 2001).
“3 Extrusions cited the newly amended Natural Resources and Environmental Protection Act (nrepa), MCL 324.20102 and 324.20126, in claiming it was not liable.”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“[MCL 324.20102 (emphasis added).] Thus, it is apparent from the face of the statute that the Legislature intended to establish both judicial (criminal and civil) and administrative remedies under part 201 of the NREPA for environmental contaminations at “facilities.”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“However, criminal and civil penalties provided in this part shall apply to violations of this part that occur after July 1, 1991 [MCL 324.20102 (emphasis added).] Thus, it is apparent from the face of the statute that the Legislature intended to establish both judicial (criminal…”
— Mich. Comp. Laws § 324.20102(Z) — 1 case
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“” MCL 324.20102(Z). Accordingly, preventing a corporation from bringing suit under the NREPA would be contrary to the stated purpose and goals of Part 201.”
— Mich. Comp. Laws § 324.20102(c) — 3 cases
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“” MCL 324.20102(Z). Accordingly, preventing a corporation from bringing suit under the NREPA would be contrary to the stated purpose and goals of Part 201.”
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
“[14] MCL 324.20102(c) provides: That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, and welfare, or to the environment from environmental contamination at facilities within the state.”
— Mich. Comp. Laws § 324.20102(d) — 2 cases
Henry v. Dow Chem. Co., 701 N.W.2d 684 (Mich. 2005).
“" MCL 324.20102(d) (emphasis added). The MDEQ's ability to act does not eliminate defendant's responsibility to plaintiffs or eliminate the fact that plaintiffs can seek a court-supervised medical monitoring program funded by defendant.”
— Mich. Comp. Laws § 324.20102(e) — 3 cases
Henry v. Dow Chem. Co., 701 N.W.2d 684 (Mich. 2005).
“" MCL 324.20102(d) (emphasis added). The MDEQ's ability to act does not eliminate defendant's responsibility to plaintiffs or eliminate the fact that plaintiffs can seek a court-supervised medical monitoring program funded by defendant.”
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
“[14] MCL 324.20102(c) provides: That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, and welfare, or to the environment from environmental contamination at facilities within the state.”
Howell Twp. v. Rooto Corp., 670 N.W.2d 713 (Mich. Ct. App. 2003).
“Compare Howell Township Ordinance 53, §§ 1, 5 with MCL 324.20102 and MCL 324.20126. With regard to purpose, § 1 of the ordinance provides: In order to protect Howell Township from incurring extraordinary expenses resulting from the utilization of Township resources to respond to…”
— Mich. Comp. Laws § 324.20102(f) — 2 cases
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
“[14] MCL 324.20102(c) provides: That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, and welfare, or to the environment from environmental contamination at facilities within the state.”
Henry v. Dow Chem. Co., 701 N.W.2d 684 (Mich. 2005).
“" MCL 324.20102(d) (emphasis added). The MDEQ's ability to act does not eliminate defendant's responsibility to plaintiffs or eliminate the fact that plaintiffs can seek a court-supervised medical monitoring program funded by defendant.”
— Mich. Comp. Laws § 324.20102(g) — 1 case
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“” MCL 324.20102(Z). Accordingly, preventing a corporation from bringing suit under the NREPA would be contrary to the stated purpose and goals of Part 201.”
— Mich. Comp. Laws § 324.20102(m) — 1 case
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
“[14] MCL 324.20102(c) provides: That it is the purpose of this part to provide for appropriate response activity to eliminate unacceptable risks to public health, safety, and welfare, or to the environment from environmental contamination at facilities within the state.”
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