SB-1418, As Passed Senate, November 30, 2006
September 12, 2006, Introduced by Senators BASHAM, McMANUS, BIRKHOLZ, JELINEK, BROWN, KUIPERS, CHERRY, GOSCHKA, ALLEN, SCOTT, OLSHOVE, BARCIA, SWITALSKI, 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 sections 16901 and 16909 (MCL 324.16901 and 324.16909),
as amended by 2002 PA 496.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16901. (1) As used in this part:
(a) "Abandoned scrap tires" means an accumulation of scrap
tires
on property where the property owner is not , as determined
by
the department, responsible in whole or in part for the
accumulation of the scrap tires. For the purposes of this
subdivision, an owner who purchased or willingly took possession of
an existing scrap tire collection site shall be considered by the
department to be responsible in whole or in part for the
accumulation of the scrap tires.
(b) "Automotive recycler" means that term as defined in
section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257.2a.
(c) (b)
"Bond" means a performance bond from a
surety
company authorized to transact business in this state, a
certificate of deposit, a cash bond, or an irrevocable letter of
credit, in favor of the department.
(d) (c)
"Collection site" means a site, other than
a
disposal area licensed under part 115, a racecourse, or a feed
storage
location, that contains any of the following:
(i) One or more pieces of adjacent consisting of a parcel or
adjacent parcels of real property where any of the following are
accumulated:
(i) 500 or more scrap tires. are
accumulated and that is not
associated
with a retail operation as provided in subparagraph (ii),
an
automotive recycler as provided in subparagraph (iii), or This
subparagraph does not apply if that property is owned or leased by
and associated with the operations of a retailer or automotive
recycler
or a commercial contractor as provided
described in
subparagraph (iv).
(ii) One or more pieces of adjacent real property where 1,500
or
more scrap tires are accumulated if that property is owned
or
leased
by a person who is and associated with the operations of a
retailer. and
is not This subparagraph
does not apply if the site
is owned or leased by and associated with the operations of an
automotive
recycler. as provided in subparagraph (iii).
(iii) One or more pieces of adjacent real property where 2,500
or
more scrap tires are accumulated if that property is owned
or
leased
by a person who is and associated with the operations of
an
automotive recycler. as defined in section 2a of the Michigan
vehicle
code, 1949 PA 300, MCL 257.2a.
(iv) One or more pieces of adjacent real property where
more
More
than 150 cubic yards of scrap
tire processed material is
accumulated
tire chips if that property is owned or leased by and
associated with the operations of a commercial contractor that is
authorized
to use the scrap tire processed material tire chips as
an aggregate replacement in a manner approved by a designation of
inertness for scrap tires or is otherwise authorized for such use
by the department under part 115.
(e) "Commodity" means crumb rubber, tire chips, a ring or slab
cut from a tire for use as a weight, or a product die-cut or
punched from a tire, or any other product that, as determined by
the department based on the product's production cost and value, is
not likely to result in an accumulation, at the site of production
or use, that poses a threat to public health or the environment. A
product is not a commodity unless it meets published national
standards or specifications that the department determines are
relevant to accomplishing the purposes of this part.
(f) "Commodity storage area" means 1 or more locations within
a collection site where a commodity is stored.
(g) "Crumb rubber" means rubber material derived from tires
that is less than 1/8 inch by 1/8 inch in size and is free of steel
and fiber.
(h) (d)
"Department" means the department of
environmental
quality.
(i) (e)
"End-user" means any of the following:
(i) A person who possesses a permit to burn tires under part
55.
(ii) The owner or operator of a landfill that is authorized
under the landfill's operating license to use scrap tires.
(iii) A person who uses a commodity to make a product that is
sold in the market.
(iv) (iii) A person who
converts scrap tires into scrap
tire
processed
material used to manufacture other products that are sold
in
the market but does not manufacture the products that are sold
in
the market is authorized by
this part to accumulate scrap
tires, who acquires scrap tires, and who converts scrap tires into
a product that is sold in the market or reused in a manner
authorized by this part.
(j) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(k) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(l) (f)
"Feed storage location" means a location
on 1 or more
pieces
parcels of adjacent real property containing a
commercially
operated farming farm operation where not more than
3,000
scrap tires are used for the purpose of securing to secure
stored feed.
(m) (g)
"Fund" means the scrap tire regulatory
fund created
in section 16908.
(n) (h)
"Landfill" means a landfill as defined in
section
11504 that is licensed under part 115.
(o) "Outdoor" or "outdoors" means in a place other than a
building or covered vehicle.
(p) "Portable shredding operation" means a person who operates
scrap tire shredding equipment, which produces a commodity or tire
shreds, if the shredding equipment can be moved from site to site.
(q) (i)
"Racecourse" means a commercially operated
track for
go-carts, vehicles, off-road recreational vehicles, or motorcycles
that uses not more than 3,000 scrap tires for bumpers along the
track for safety purposes.
(r) (j)
"Retailer" means a person who sells or
offers for
sale new, retreaded, or remanufactured tires to consumers in this
state.
(s) "Retreader" means a person who retreads, recases, or
recaps tire casings for reuse.
(t) (k)
"Scrap tire" means a tire that is no
longer being
used for its original intended purpose including, but not limited
to,
a used tire, a reusable tire casing, or portions of tires
a
tire. Scrap tire does not include a vehicle support stand.
(u) (l) "Scrap tire hauler" means a person who,
as part of a
commercial
business, transports scrap tires. Except as otherwise
provided
in this section, a person who transports more than 7
scrap
tires in any truckload shall be considered to be in the
commercial
business of transporting scrap tires at once in a
vehicle on a public road or street. Scrap tire hauler does not
include any of the following:
(i) A person
who is not operating a commercial
business who
is transporting his or her own tires to a location authorized in
section 16902(1).
(ii) A member of a nonprofit service organization who is
participating in a community service project and is transporting
scrap tires to a location authorized in section 16902(1).
(iii) The owner of a farm as defined in section 2
of the
Michigan right to farm act, 1981 PA 93, MCL 286.472, who
transports
is transporting only scrap tires that originated from
his or her farm operation, to a location authorized in section
16902(1), or is that
are intended for use in a feed storage
location.
(iv) A solid waste hauler as defined in part 115 that
is
transporting solid waste to a disposal area licensed under part
115.
(v) A person who is transporting only a commodity.
(vi) A retreader.
(m)
"Scrap tire processed material" means rubber material
derived
from tires that is marketable and no larger than 2 inches
by
2 inches in size. Scrap tire processed material also includes
rubber
material derived from tires that is larger than 2 inches by
2
inches if the rubber material was produced by a scrap tire
processor
pursuant to a written contract that provides for the
quantity
and the quality of the material and a time frame in which
the
volume of material is to be provided, and the contract is made
available
to the department upon request.
(v) (n)
"Scrap tire processor" means a
either of the
following:
(i) A person who is authorized by this part to accumulate scrap
tires and is engaged in the business of buying or otherwise
acquiring scrap tires and reducing their volume by shredding or
otherwise facilitating recycling or resource recovery techniques
for scrap tires.
(ii) A portable shredding operation.
(o)
"Scrap tire recycler" means a person who is authorized by
this
part to accumulate scrap tires, who acquires scrap tires, and
who
converts scrap tires into a product that is sold or reused in a
manner
authorized by this part.
(w) (p)
"Solid waste hauler" means a solid waste
hauler as
defined in part 115 who transports less than 25% by weight or
volume of scrap tires along with other solid waste in any truckload
to a disposal area licensed under part 115.
(x) (q)
"Tire" means a continuous solid or
pneumatic rubber
covering encircling the wheel of a tractor or other farm machinery
or of a vehicle.
(y) "Tire chip" means a portion of a tire that is any of the
following:
(i) Not more than 2 inches by 2 inches in size and meets
requirements for size, metal content, and cleanliness as specified
in an executed contract for delivery of the material by the scrap
tire processor.
(ii) Not more than 3/8 inch by 3/8 inch in size and
sufficiently free from steel to be used in the construction and
modification of sports surfaces such as golf course turf, athletic
field turf, athletic tracks, hiking surfaces, livestock show arena
surfaces, and playgrounds.
(iii) To be used in a drain field approved under a district or
county sanitary code.
(iv) To be used as ground cover or mulch, if, in aggregate, 95%
of the material is equal to or less than 3/4 inch in size in any
dimension and the material contains less than 1% by weight or
volume of steel and fiber.
(v) Approved by the department for use at a landfill as daily
cover or a leachate collection system protective layer or for
access road construction within a lined cell.
(z) "Tire shred" means a portion of a tire that is not a
commodity.
(aa) (r)
"Tire storage area" means a location
within a
collection site where tires are accumulated.
(bb) (s)
"Vehicle" means every
a device in, upon, or by
which any
a person or property is or may be transported or drawn
upon
a highway. , excepting devices Vehicle does not include a
device that is exclusively moved by human power or used exclusively
upon
stationary rails or tracks and excepting or a mobile home as
defined in section 2 of the mobile home commission act, 1987 PA 96,
MCL 125.2302.
(cc) (t)
"Vehicle support stand" means equipment
used to
support a stationary vehicle consisting of an inflated tire and
wheel that is attached to another wheel.
(2) A reference in this part to a number of scrap tires means
either of the following, or an equivalent combination thereof:
(a) That number of whole tires or reusable tire casings.
(b) A quantity of a commodity or tire shreds equivalent in
weight to that number of whole tires.
Sec. 16909. (1) A person who violates this part when fewer
than 50 scrap tires are involved is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not less than $200.00 or more than $500.00, or both, for each
violation.
(2) A person who violates this part when 50 or more scrap
tires are involved is guilty of a misdemeanor punishable by
imprisonment for not more than 180 days or a fine of not less than
$500.00 or more than $10,000.00, or both, for each violation.
(3) A person convicted of a second or subsequent violation of
this part is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not less than $1,000.00 or more
than $25,000.00, or both, for each violation.
(4) In addition to any other penalty provided for in this
section, the court may order a person who violates this part to
perform not more than 100 hours of community service.
(5) For any violation of this part, each day that a violation
continues may
constitute constitutes a separate violation.
(6) A peace officer may issue an appearance ticket as
described and authorized by sections 9c to 9g of chapter IV of the
code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, to a
person
who is in violation of violates this part.
(7) This section does not apply to a violation of section
16903c.
(8) The penalties provided for in this section shall not be
applied against a person in violation of section 16903(1)(a), (b),
(c),
(d), (f), or (i) (e), (g), or (j) or 16903(4) before
September 1, 2002 if the person is in compliance with these
provisions within
60 days after the effective date of the
amendatory
act that added this subsection by
September 1, 2002 and
the person maintains compliance with those provisions. This
subsection
does not apply to a person who, prior to the effective
date
of the amendatory act that added this subsection before July
3, 2002, was convicted under this section.
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. 1419.
(e) Senate Bill No. 1420.
(f) House Bill No. 6474.
(g) Senate Bill No. 1422.
(h) Senate Bill No. 1421.
(i) House Bill No. 6476.
(j) House Bill No. 6475.