This article is enacted to ensure the responsible party for
an environmental incident resulting from an unauthorized release of
hazardous substances is liable for cleanup of the affected area as
well as recoverable expenses incurred by the Township in response
to, and cleanup of, the environmental incident.
The following words, terms and phrases, when used in this article,
shall have the following meanings, except where the context of the
article clearly indicates a different meaning:
HAZARDOUS SUBSTANCE
One or more of the following:
A.
"Hazardous substance" as defined in Part 201, Environmental
Remediation, of the Natural Resources and Environmental Protection
Act, MCL 324.20101(1).
B.
"Hazardous waste" as defined in Part 111, Hazardous Waste Management,
of the Natural Resources and Environmental Protection Act, MCL 324.11101
et seq.
C.
"Liquid industrial by-product" as defined in MCL 324.12101(n).
D.
"Petroleum" as defined in Part 213, Leaking Underground Storage
Tanks, of the National Resources and Environmental Protection Act,
MCL 324.21301a et seq.
E.
A chemical or other material which is, or may become, injurious
to public health, safety or welfare of the environment.
RELEASE
Includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing of a hazardous substance into the environment
or the abandonment or discarding of barrels, containers and other
closed receptacles containing a hazardous substance.
RESPONSIBLE PARTY
Any individual, sole proprietorship, partnership, joint venture,
trust, firm, joint stock company, corporation including government
corporation, association, local unit of government, commission, the
state, a political subdivision of the state, an interstate body, the
federal government, a political subdivision of the federal government
or any other legal entity that owns, uses, controls, leases, accepts
for transport, storage, treatment or disposal, any hazardous substance
released into the environment or ignited by unauthorized burning.
The Township may pursue any legal remedy or may initiate any
appropriate action or proceeding as provided by law to collect charges
imposed under this article. The recovery of charges imposed under
this article does not limit liability of responsible parties under
local ordinances or state or federal laws, rules or regulations.
A person or entity deemed to be a responsible party under this article may appeal the determination as set forth in Article
IV, Appeals, of this chapter.