Act 451 of 1994

324.20107a Duties of owner or operator having knowledge of facility; liability for costs and damages; compliance with section; applicability of subsection (1).

Sec. 20107a.

(1) A person who owns or operates property that he or she has knowledge is a facility shall do all of the following with respect to hazardous substances at the facility:

(a) Undertake measures as are necessary to prevent exacerbation of the existing contamination.

(b) Exercise due care by undertaking response activity necessary to mitigate unacceptable exposure to hazardous substances, mitigate fire and explosion hazards due to hazardous substances, and allow for the intended use of the facility in a manner that protects the public health and safety.

(c) Take reasonable precautions against the reasonably foreseeable acts or omissions of a third party and the consequences that foreseeably could result from those acts or omissions.

(2) Notwithstanding any other provision of this part, a person who violates subsection (1) is liable for response activity costs and natural resource damages attributable to any exacerbation of existing contamination and any fines or penalties imposed under this part resulting from the violation of subsection (1) but is not liable for performance of additional response activities unless the person is otherwise liable under this part for performance of additional response activities. The burden of proof in a dispute as to what constitutes exacerbation shall be borne by the party seeking relief.

(3) Compliance with this section does not satisfy a person's obligation to perform response activities as otherwise required under this part.

(4) Subsection (1) does not apply to the state or to a local unit of government that is not liable under section 20126(3)(a), (b), (c), or (e) or to a local unit of government that acquired property by purchase, gift, transfer, or condemnation prior to the effective date of this section or to a person who is exempt from liability under section 20126(4)(c).

(5) Subsection (1) does not apply to a person who is exempt from liability under section 20126(3)(c) or (d) except with regard to that person's activities at the facility.

History: Add. 1995, Act 71, Imd. Eff. June 5, 1995 ;--Am. 1996, Act 115, Imd. Eff. Mar. 6, 1996 ;--Am. 1996, Act 380, Imd. Eff. July 24, 1996 ;--Am. 1996, Act 383, Imd. Eff. July 24, 1996 .

Popular Name: Act 451

Popular Name: Act 307

Popular Name: Environmental Response Act

Popular Name: Environmental Remediation

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