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MICHIGAN STATUTES AND CODES
Section 324.20104 - Coordination of activities; rules; damages; use of nonuse valuation methods; applicability of provisions to certain bankruptcy actions or claims.
Act 451 of 1994
324.20104 Coordination of activities; rules; damages; use of nonuse valuation methods; applicability of provisions to certain bankruptcy actions or claims.
Sec. 20104.
(1) The department shall coordinate all activities required under this part and shall promulgate rules to provide for the performance of response activities, to provide for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release, and to implement the powers and duties of the department under this part, and as otherwise necessary to carry out the requirements of this part.
(2) Claims for natural resource damages may be pursued prior to promulgation of rules but only in accordance with principles of scientific and economic validity and reliability. Contingent nonuse valuation methods or similar nonuse valuation methods shall not be utilized and damages shall not be recovered for nonuse values unless and until rules are promulgated that establish an appropriate means of determining such damages.
(3) A contingent nonuse valuation method or similar nonuse valuation method shall not be utilized for natural resource damage calculations unless a determination is made by the department that such a method satisfies principles of scientific and economic validity and reliability and rules for utilizing a contingent nonuse valuation method or a similar nonuse valuation method are subsequently promulgated.
(4) The provisions in this section related to natural resource damages as added by the 1995 amendatory act that amended this section do not apply to any judicial or administrative action or claim in bankruptcy initiated on or before March 1, 1995.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name: Act 451
Popular Name: Environmental Remediation
Popular Name: Environmental Response Act
Popular Name: NREPA
Admin Rule: R 299.5101 et seq. and R 299.51001 et seq. of the Michigan Administrative Code.