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Section 324.12114 - Violations; probable cause; powers of department or peace officer; court costs and other expenses; obtaining samples for purposes of enforcing or administering part.

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994

324.12114 Violations; probable cause; powers of department or peace officer; court costs and other expenses; obtaining samples for purposes of enforcing or administering part.

Sec. 12114.

(1) If the department or a peace officer has probable cause to believe that a person is violating this part, the department or a peace officer may search without a warrant a vehicle or equipment that is possessed, used, or operated by that person. The department or a peace officer may seize a vehicle, equipment, or other property used or operated in a manner or for a purpose in violation of this part. A vehicle, equipment, or other property used in violation of this part is subject to seizure and forfeiture as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(2) The court may award court costs and other expenses of litigation including attorney fees to a party who successfully brings an action under this section.

(3) The department or peace officer may enter at reasonable times any generator, transporter, or designated facility or other place where liquid industrial wastes are or have been generated, stored, treated, or disposed of, or transported from and may inspect the facility or other place and obtain samples of the liquid industrial wastes and samples of the containers or labeling of the wastes for the purposes of enforcing or administering this part.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998
Popular Name: Act 451
Popular Name: NREPA

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