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MICHIGAN STATUTES AND CODES
Section 324.21518 - Receiving money from fund for indemnification; request for indemnification; approval; records; payment.
Act 451 of 1994
324.21518 Receiving money from fund for indemnification; request for indemnification; approval; records; payment.
Sec. 21518.
(1) To receive money from the fund for indemnification, the owner or operator shall submit to the administrator a request for indemnification containing the information required by the administrator, including a copy of the judgment obtained by a third party from a court of law against the owner or operator or the settlement entered into between the owner or operator and the third party, all documentation supporting the reasonableness of and justification for the judgment or settlement, and work invoices which conform to the requirements of section 21503(9)(a) to (e). If the administrator determines that the owner or operator is eligible for funding under this part, is eligible for the amount requested, has paid the co-pay amount, and has not exceeded the allowable amount of expenditure provided in section 21512, and that the work invoices are reasonable in terms of cost, the administrator shall forward a copy of the request for indemnification along with all supporting documentation to the attorney general. The attorney general shall approve the request for indemnification if there is a legally enforceable judgment against, or settlement with, the owner or operator that was caused by an accidental release and that is reasonable and consistent with the purposes of this part. The attorney general may raise as a defense to the request any rights or defenses that were or are available to the owner or operator and, in the case of a judgment, that were not heard and ruled upon by the court. If a request for indemnification is approved by the attorney general, the administrator shall forward the approved request for indemnification to the department of treasury.
(2) The administrator shall keep records of all approved requests for indemnification.
(3) The state treasurer shall make a payment to an owner or operator for an approved indemnification request within 30 days if sufficient money exists in the fund.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA