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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.21519a Legacy release program; establishment; administration; reimbursement; conditions; request for reimbursement; form; approval by authority; "eligible person" def

406 words·~2 min read·/mi/chapter-324/324-21519a

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324.21519a Legacy release program; establishment; administration; reimbursement; conditions; request for reimbursement; form; approval by authority; "eligible person" defined.
Sec. 21519a.
(1)The department shall establish and the authority shall administer a legacy release program as provided in this section to reimburse eligible persons for costs of corrective actions for certain historic releases from refined petroleum underground storage tank systems. An eligible person may be reimbursed for corrective action costs incurred if the eligible person demonstrates all of the following:
(a)The release from which the corrective action or indemnification arose was discovered and reported prior to December 30, 2014.
(b)The release upon which the request for reimbursement is based has not been closed pursuant to part 213 prior to December 30, 2014.
(c)Any refined petroleum underground storage tank systems that are operating at the location from which the release occurred are currently in compliance with the registration requirements of part 211.
(d)The request for reimbursement does not include reimbursement for money that was reimbursed from any other source, including insurance policies.
(e)A claim submitted to the legacy release program shall not be approved by the authority for any of the prohibitions listed under section 21510c.
(f)The request for reimbursement is for corrective action performed on or after December 30, 2014.
(2)An eligible person that seeks to be reimbursed under the legacy release program established under this section shall submit to the authority a request for reimbursement on a form provided by the authority containing the documentation required by the authority.
(3)The authority shall approve a request for reimbursement under this section only as follows:
(a)The amount approved for reimbursement shall be 50% of the aggregate indemnification and corrective action costs incurred, but not more than 50% of the reasonable and necessary eligible costs as determined by the administrator pursuant to section 21515(2) to (10).
(b)The total amount approved for reimbursement shall not exceed a total of $50,000.00 for all releases from refined petroleum underground storage tank systems at a single location.
(c)An owner or operator may request a review of a denied claim or work invoice per section 21521.
(4)As used in this section, "eligible person" means the owner or operator of a refined petroleum underground storage tank system at the time of the reporting of the release.
History: Add. 2017, Act 134 , Eff. Jan. 24, 2018
Popular Name: Act 451
Popular Name: NREPA
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