SB-1421, As Passed House, December 13, 2006

SENATE BILL No. 1421

September 12, 2006, Introduced by Senators JELINEK, McMANUS, BROWN, BIRKHOLZ, KUIPERS, GOSCHKA, CHERRY, ALLEN, SCOTT, OLSHOVE, BARCIA, SWITALSKI, BASHAM, CLARK-COLEMAN and BRATER and referred to the Committee on Natural Resources and Environmental Affairs.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 16903b (MCL 324.16903b), as added by 2002 PA

496.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 16903b. (1) Subject to  subsections (2) and (3)

subsection (2), the owner of a collection site  that processes

tires who has been in compliance with the site requirements for at

least 1 year is exempt from the requirement to obtain a

performance bond under section  16903(1)(i).  16903(4) if all of

the following requirements are met:

     (a) The owner of the collection site is a scrap tire

processor.

     (b) Not less than 75% of the scrap tires, by weight or volume,

that are stored at the collection site each calendar year are

recycled or used for resource recovery during that year.

     (c) The collection site has been in compliance with the site

requirements for at least 1 year.

     (d) The owner annually certifies compliance with the

requirements of this subsection on a form approved by the

department.

     (2) The exemption provided for in subsection (1) applies to

tire storage areas at the collection site containing not more than

the sum of the highest number of scrap tires accumulated at the

collection site during the previous 1-year period plus 10% of the

amount of the scrap tires that were removed to an end-user from the

collection site during the previous 1-year period.

(2)  (3) If the department determines that the owner of a

collection site is not in compliance with the site requirements or

the certification requirements of subsection (1), the department

shall deliver to the owner of the collection site a notice of

noncompliance. If within 60 days after receipt of that notice the

owner does not bring the collection site into compliance with the

site requirements or the certification requirements of subsection (1),

respectively, the owner shall comply with section  16903(1)(i)

16903(4). Once an owner is required to obtain a  performance bond

in compliance with  under section  16903(1)(i)  16903(4), the

performance bond shall be maintained unless the owner brings the

collection site into compliance with the site requirements,  and

maintains compliance with the site requirements for a 1-year

period, and complies with the certification requirements of

subsection (1).

(3)  (4) As used in this section, "site requirements" means

all the requirements of section  16903(1)(a), (b), (c), (d), (e),

and (f)  16903(1) and, if applicable, 16903(2).

     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) Senate Bill No. ___ or House Bill No.____ (request no.

06892'06).

     (c) Senate Bill No. 1424.                                

     (d) Senate Bill No. 1418.                                  

     (e) Senate Bill No. 1419.                                  

     (f) Senate Bill No. 1420.                                  

     (g) Senate Bill No.____ or House Bill No. 6474 (request no.

07328'06).

     (h) Senate Bill No. 1422.                                  

     (i) Senate Bill No.____ or House Bill No. 6476 (request no.

07338'06).

     (j) Senate Bill No.____ or House Bill No. 6475 (request no.

07348'06).