324.20134 Consent order; settlement.

457 words·~2 min read·/mi/chapter-324/324-20134

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 20134.

(1)The department and the attorney general may enter into a consent order with a person who is liable under section 20126 or any group of persons who are liable under section 20126 to perform a response activity if the department and the attorney general determine that the persons who are liable under section 20126 will properly implement the response activity and that the consent order is in the public interest, will expedite effective response activity, and will minimize litigation. The consent order may, as determined appropriate by the department and the attorney general, provide for implementation by a person or any group of persons who are liable under section 20126 of any portion of response activity at the facility. A decision of the attorney general not to enter into a consent order under this part is not subject to judicial review.

(2)Whenever practical and in the public interest, as determined by the department, the department and the attorney general shall as promptly as possible reach a final settlement with a person in an administrative or civil action under this part if this settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the department and the attorney general, the conditions in either of the following are met:

(a)Both of the following are minimal in comparison to other hazardous substances at the facility:

(i)The amount of the hazardous substances contributed by that person to the facility.

(ii)The toxic or other hazardous effects of the substances contributed by that person to the facility.

(b)Except as provided in subsection (3), the person meets all of the following conditions:

(i)The person is the owner of the real property on or in which the facility is located.

(ii)The person did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the facility.

(iii)The person did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omission.

(3)A settlement shall not be made under subsection (2)(b) if the person purchased the real property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment, or disposal of a hazardous substance.

(4)A settlement under subsection

(2)may be set aside if information obtained after the settlement indicates that the person settling does not meet the conditions set forth in subsection (2)(a) or (b).

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995

Popular Name: Act 451

Popular Name: Environmental Remediation

Popular Name: Environmental Response Act

Popular Name: NREPA