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MI HB6362
Bill
Status
7/28/2010
Primary Sponsor
Kate Segal
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AI Summary
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Modifies liability allocation for multiple parties responsible for hazardous substance releases, allowing divisible harm to be apportioned among responsible parties based on their degree of responsibility, with burden of proof on party seeking to limit liability.
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Establishes contribution rights among liable parties during or after civil actions, with courts considering factors including degree of responsibility, equity principles, care exercised, cooperation with officials, and whether uncollectible amounts should be reallocated.
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Grants contribution protection to persons who resolved liability through administrative or judicially approved consent orders, and treats persons issued written determinations of exemption from liability as having resolved their liability administratively under federal CERCLA law.
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Authorizes Attorney General to pursue civil actions for injunctive relief, recovery of state response costs, natural resource damages, civil fines up to $25,000 per day for various violations, and enforcement of administrative orders related to hazardous substance releases.
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Establishes criminal penalties including felony charges with fines of $2,500-$25,000 per violation, up to $50,000 daily for repeat offenders, and up to 2 years imprisonment; imposes $1,000,000 fine and 5-year sentence for violations causing substantial endangerment to public health or safety.
Legislative Description
Environmental protection; cleanups; part 201 modifications; provide for. Amends secs. 20129, 20137 & 20139 of 1994 PA 451 (MCL 324.20129 et seq.). TIE BAR WITH: HB 6359'10, HB 6360'10, HB 6363'10, SB 1345'10, SB 1346'10
Environmental protection, cleanups
Last Action
Referred To Committee On Natural Resources And Environmental Affairs
11/30/2010