HOUSE BILL No. 5769


     March 5, 2002, Introduced by Reps. Hale, Garza and McConico and referred to the Committee on Land Use and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding part 173.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                              PART 173 SALVAGE YARDS

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             SEC. 17301.  AS USED IN THIS PART:

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             (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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        QUALITY.

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             (B) "SALVAGE YARD" MEANS A JUNKYARD REGULATED UNDER 1917

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        PA 350, MCL 445.401 TO 445.408, OR 1929 PA 12, MCL 445.451 TO

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        445.453, OR OTHER LOCATION WHERE PRODUCTS OR MATERIALS ARE COL-

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        LECTED FOR RECYCLING OR PROCESSING FOR RESALE.

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             SEC. 17302.  THE OWNER OR OPERATOR OF A SALVAGE YARD SHALL

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        COMPLY WITH ALL OF THE FOLLOWING:




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             (A) AT LEAST 75% OF THE PRODUCTS AND MATERIALS THAT ARE

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        DELIVERED TO THE SALVAGE YARD EACH YEAR SHALL BE RECYCLED OR

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        REMOVED FROM THE SALVAGE YARD DURING THAT YEAR.

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             (B) THE SALVAGE YARD SHALL BE OPEN TO INSPECTION BY THE

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        DEPARTMENT DURING ALL NORMAL BUSINESS HOURS.

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             SEC. 17303.  THE DEPARTMENT SHALL ESTABLISH A SALVAGE YARD

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        INSPECTION PROGRAM TO ENSURE COMPLIANCE WITH THIS PART AND STATE

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        AND FEDERAL ENVIRONMENTAL LAWS.  THE DEPARTMENT SHALL INSPECT

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        EACH SALVAGE YARD IN THE STATE AT LEAST ANNUALLY.

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             SEC. 17304.  THE DEPARTMENT MAY PROMULGATE RULES TO IMPLE-

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        MENT THIS PART.

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             SEC. 17305.  THIS PART DOES NOT PRECLUDE OR RESTRICT REGULA-

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        TION OF SALVAGE YARDS BY LOCAL UNITS OF GOVERNMENT AS OTHERWISE

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        PROVIDED BY LAW.

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             SEC. 17306.  (1) A PERSON WHO VIOLATES THIS PART IS RESPON-

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        SIBLE FOR A STATE CIVIL INFRACTION AND MAY BE ORDERED TO PAY A

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        CIVIL FINE AS FOLLOWS:

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             (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C), NOT LESS

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        THAN $500.00 OR MORE THAN $1,000.00.

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             (B) FOR A SECOND VIOLATION WITHIN A 5-YEAR TIME PERIOD, NOT

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        LESS THAN $1,000.00 OR MORE THAN $2,500.00.

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             (C) FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN A 5-YEAR TIME

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        PERIOD, NOT LESS THAN $2,500.00 OR MORE THAN $5,000.00.

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             (2) IN ADDITION TO THE REMEDIES PROVIDED IN SUBSECTION (1),

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        THE ATTORNEY GENERAL MAY BRING AN ACTION IN A COURT OF COMPETENT

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        JURISDICTION FOR A TEMPORARY OR A PERMANENT INJUNCTION REQUIRING





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        A PERSON WHO HAS VIOLATED THIS PART 3 OR MORE TIMES WITHIN A

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        5-YEAR PERIOD TO DESIST FROM OPERATING A SALVAGE YARD.




















































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