Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994

Mich. Comp. Laws § 324.21301a

Purpose and applicability of part.

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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.21301a Purpose and applicability of part.

Sec. 21301a.

    (1) This part is intended to provide remedies using a process and procedures separate and distinct from the process, procedures, and criteria established under part 201 for sites posing a threat to the public health, safety, or welfare, or to the environment, as a result of releases from underground storage tank systems, regardless of whether the release or threat of release of a regulated substance occurred before or after January 19, 1989, the effective date of the former leaking underground storage tank act, 1988 PA 478, and for this purpose, this part shall be given retroactive application. However, criminal penalties provided in this part only apply to violations of this part that occur after April 13, 1995.

    (2) The liability provisions that are provided for in this part shall be given retroactive application.

History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012

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Act 451

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NREPA
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2001–2025 · leading case: Frank W Lynch & Co v. Flex Technologies, Inc
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Frank W Lynch & Co v. Flex Technologies, Inc (2001) mich · cites it 2× “Further indicating that the Legislature intended prospective application of the SRCA is the fact that subsection 5 of the SRCA provides for liability if the principal "fails to comply with this section.”
Johnson v. Pastoriza (2012) mich “29 Section 3 of 1985 PA 93 conditioned the effective date of the act on the enactment of HB 4486 of the 83rd Legislature.”
Davis v. State Employees' Retirement Board (2006) michctapp “”); MCL 324.21301a; MSA 13A.21301a (“The changes in liability that are provided for in the amendatory act that added this subsection shall be given retroactive application”).”
Doe v. Department of Corrections (2002) michctapp · cites it 2× “§ 324.21301a, which provides that "[t]he changes in liability that are provided for in the amendatory act that added this subsection shall be given retroactive application.”
Attorney General Ex Rel. Department of Environmental Quality v. Bulk Petroleum Corp. (2007) michctapp “21311a, of part 213 of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.21301a et seq. On August 10, 2000, the DEQ imposed a $29,400 penalty on defendants for failing to submit a statutorily complete FAR, but defendants did not pay the penalty.”
Carson City Hospital v. Quick-Sav Food Stores Ltd (2016) michctapp · cites it 4× “” Robinson also asserted that the market’s FAR had not been completed within one year of the gasoline release as mandated by Part 213 of the NREPA, MCL 324.21301a et seq. He also averred that given the suspected release date of October 3, 2011, and the confirmed release date of…”
Cove Creek Condominium Assoc v. Vistal Land & Home Development LLC (2019) michctapp · cites it 2× “Thus, the statute signals that a “reversion under subsection (4)” 8 MCL 324.21301a was amended in 2012, see 2012 PA 108 , and currently provides: “The liability provisions that are provided for in this part shall be given retroactive application.”
Board of Trustees of the City of Pontiac v. City of Pontiac (2018) mich “19(2) ("The authority and powers granted in this section relative to bridges over navigable streams and the grant of that authority are retroactive...."). See also LaFontaine , 496 Mich.”
People of Michigan v. Brnden Lamir Patterson (2023) michctapp “1157, or that an act “shall be given retroactive application,” MCL 324.21301a(2). There are other clues that the Legislature intends a statute to apply retroactively.”
Spine Specialists of Michigan Pc v. Memberselect Insurance Company (2025) mich “”); MCL 324.21301a(2) (“The liability provisions that are provided for in this part shall be given retroactive application.”
Spine Specialists of Michigan Pc v. Memberselect Insurance Company (2025) mich “”); MCL 324.21301a(2) (“The liability provisions that are provided for in this part shall be given retroactive application.”
— Mich. Comp. Laws § 324.21301a(1) — 1 case
Carson City Hospital v. Quick-Sav Food Stores Ltd (2016) michctapp “” Robinson also asserted that the market’s FAR had not been completed within one year of the gasoline release as mandated by Part 213 of the NREPA, MCL 324.21301a et seq. He also averred that given the suspected release date of October 3, 2011, and the confirmed release date of…”
— Mich. Comp. Laws § 324.21301a(2) — 7 cases
Johnson v. Pastoriza (2012) mich “29 Section 3 of 1985 PA 93 conditioned the effective date of the act on the enactment of HB 4486 of the 83rd Legislature.”
Carson City Hospital v. Quick-Sav Food Stores Ltd (2016) michctapp “” Robinson also asserted that the market’s FAR had not been completed within one year of the gasoline release as mandated by Part 213 of the NREPA, MCL 324.21301a et seq. He also averred that given the suspected release date of October 3, 2011, and the confirmed release date of…”
Board of Trustees of the City of Pontiac v. City of Pontiac (2018) mich “19(2) ("The authority and powers granted in this section relative to bridges over navigable streams and the grant of that authority are retroactive...."). See also LaFontaine , 496 Mich.”
Cove Creek Condominium Assoc v. Vistal Land & Home Development LLC (2019) michctapp “Thus, the statute signals that a “reversion under subsection (4)” 8 MCL 324.21301a was amended in 2012, see 2012 PA 108 , and currently provides: “The liability provisions that are provided for in this part shall be given retroactive application.”
People of Michigan v. Brnden Lamir Patterson (2023) michctapp “1157, or that an act “shall be given retroactive application,” MCL 324.21301a(2). There are other clues that the Legislature intends a statute to apply retroactively.”
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