HB-6476, As Passed House, December 7, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6476

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 16906 (MCL 324.16906), as amended by 2002 PA

496.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16906. (1) A person, other than a property owner removing

7 or fewer scrap tires from his or her property, who by contract,

agreement, or otherwise arranges for the removal of scrap tires

from a property under his or her control, including an end-user,

shall maintain at the site of removal  all records  the record

obtained from a registered scrap tire hauler pursuant to section

16905(5) and  all records  the record received from an owner,

operator, or authorized agent of a location pursuant to subsection

(3). A person who by contract, agreement, or otherwise arranges for

the removal of scrap tires from a property under his or her control

has no  does not have an affirmative duty to obtain these records

and  shall not be held  is not liable for the failure to receive

such records. These records shall be maintained at the site of

removal for a period of 3 years and shall be made available to the

department upon request during  normal business  reasonable hours.

     (2) A person, other than a solid waste hauler or a scrap tire

hauler, who receives scrap tires, including an end-user, shall

maintain a record of all scrap tires received from a scrap tire

hauler by contract, agreement, or otherwise.  These records  The

record shall be maintained for a period of 3 years and shall be

made available upon request to the department or a peace officer at

reasonable hours.  These records  The record shall contain all of

the information required of a scrap tire hauler in section

16905(3).

     (3) Upon delivery of scrap tires by a scrap tire hauler by

contract, agreement, or otherwise to a location  authorized under

described in section  16902  16902(1), the owner, operator, or

authorized agent of that location shall sign the record, indicating

acceptance of the scrap tires, and provide a copy of the signed

record to the person delivering the scrap tires and shall within 30

days forward a copy of the signed record to the person who by

contract, agreement, or otherwise arranged for the removal of the

scrap tires being delivered.

     (4) A retreader shall maintain for a period of 3 years, and

make available upon request to the department or a peace officer at

reasonable hours, all records required to be carried or maintained

with the retreader's tire casings including all of the following:

     (a) A retread work order that includes the customer's name,

date of transaction, retreader DOT identification number pursuant

to 49 CFR part 574, order number, and details of casing information

for the casing intended for processing. Work orders shall reflect

the number of tires that are being transported and retreaded.

     (b) A work order sales report that specifies the work process

detail for the customer work order. This report shall be returned

to the customer with the work order number and invoice.

     (c) An invoice stating the sales transaction of the retread

process that was completed for the customer.

     Enacting section 1.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 1423.

     (b) House Bill No. 6477.

     (c) Senate Bill No. 1424.

     (d) Senate Bill No. 1418.

     (e) Senate Bill No. 1419.

     (f) Senate Bill No. 1420.

     (g) House Bill No. 6474.

     (h) Senate Bill No. 1422.

     (i) Senate Bill No. 1421.

     (j) House Bill No. 6475.