324.5530 Commencement of civil action by attorney general; relief; costs; jurisdiction; defenses; fines.
394 words·~2 min read·
/mi/chapter-324/324-5530A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
324.5530 Commencement of civil action by attorney general; relief; costs; jurisdiction; defenses; fines.
Sec. 5530.
(1)The attorney general may commence a civil action against a person for appropriate relief, including injunctive relief, and a civil fine as provided in subsection
(2)for any of the following:
(a)Violating this part or a rule promulgated under this part.
(b)Failure to obtain a permit under this part.
(c)Failure to comply with the terms of a permit or an order issued under this part.
(d)Failure to pay an air quality fee or comply with a filing requirement under this part.
(e)Failure to comply with the inspection, entry, and monitoring requirements of this part.
(f)A violation described in section 5518(2).
(2)In addition to any other relief authorized under this section, the court may impose a civil fine of not more than $10,000.00 for each instance of violation and, if the violation continues, for each day of continued violation.
(3)In addition to other relief authorized under this section, the attorney general may, at the request of the department, file an action in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the state.
(4)In issuing a final order in an action brought pursuant to this section, the court may award costs of litigation, including, but not limited to, reasonable attorney and expert witness fees, to the prevailing or substantially prevailing party if the court determines that such an award is appropriate.
(5)A civil action brought under this section may be brought in the county in which the defendant is located, resides, or is doing business, or in the circuit court for the county of Ingham, or in the county in which the registered office of a defendant corporation is located, or in the county where the violation occurred.
(6)General defenses and affirmative defenses, that may otherwise apply under state law may apply in an action brought under this section as determined to be appropriate by a court of competent jurisdiction.
(7)Fines imposed under this section shall be assessed for each instance of violation and, if the violation is continuous, shall be assessable up to the maximum amount for each day of violation.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA