SB-1420, As Passed Senate, November 30, 2006
September 12, 2006, Introduced by Senators SCHAUER, McMANUS, BIRKHOLZ, JELINEK, BROWN, KUIPERS, CHERRY, GOSCHKA, 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 16903 (MCL 324.16903), as amended by 2002 PA
496.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16903. (1) A person who owns or operates a collection
site
where less than 2,500 scrap tires
have been are accumulated
that
are not stored in a building or stored in a covered vehicle
outdoors shall comply with all of the following:
(a) Scrap tires shall be stored in the tire storage area
identified on the scrap tire collection site registration
application map and approved by the department.
(b) (a)
Only scrap
tires shall be accumulated in a
the
tire storage area.
(c) (b)
Except as provided in Subject
to subdivision (e)
(f), the scrap tires shall be accumulated in piles no greater than
15 feet in height with horizontal dimensions no greater than 200 by
40 feet.
(d) (c)
Except as provided in Subject
to subdivision (e)
(f), the scrap tires shall not be within 20 feet of the property
line or within 60 feet of a building or structure.
(e) (d)
Except as provided in Subject
to subdivision (e)
(f), there shall be a minimum separation of 30 feet between scrap
tire
piles. The open space between tire the
piles shall at all
times be free of rubbish, equipment, and other materials.
(f) (e)
Tire Scrap tire piles shall be accessible to fire
fighting equipment. If the requirement of this subdivision is met,
the local fire department that serves the jurisdiction in which the
collection
site is located may approve grant a variance from the
requirements
of subdivisions (b), (c), and (d) (c), (d), and (e).
Such
an approval, if granted, A
variance under this subsection
shall be in writing.
(g) (f)
Tires, including shredded Scrap
tires , shall be
isolated from other stored materials that may create hazardous
products if there is a fire, including, but not limited to, lead
acid batteries, fuel tanks, solvent barrels, and pesticide
containers.
(h) Except for scrap tires that are a commodity used to create
a storage pad for, or a roadway for access to, other scrap tires
that are also a commodity, scrap tires shall not be placed in the
open spaces between tire piles or used to construct on-site roads.
(i) (g)
The collection site shall be subject to an annual
inspection
and additional inspections at any reasonable time by
owner or operator of the collection site shall allow the local fire
department that serves the jurisdiction in which the collection
site is located to inspect the collection site at any reasonable
time.
(j) (h)
All persons employed to work at the collection site
shall be trained in emergency response operations. The owner or
operator of the collection site shall maintain training records and
shall make these records available to the local fire department
that serves the jurisdiction in which the collection site is
located.
(i)
Except as provided in section 16903b, the person who owns
a
collection site shall maintain a performance bond in favor of the
department.
The amount of the bond shall be not less than the sum
of
$25,000.00 per quarter acre, or fraction thereof, of outdoor
tire
storage area, and notwithstanding the limitation provided in
subsection
(1), $2.00 per square foot of tire storage area in a
building.
However, for collection sites with fewer than 2,500
tires,
the bond shall not exceed $2,500.00. A bond is not required
under
this subdivision for a qualifying tire chip storage area. A
person
who elects to use a certificate of deposit as bond shall
receive
any accrued interest on that certificate of deposit upon
release
of the bond by the department. A person who elects to post
cash
as bond shall accrue interest on that bond at the annual rate
of
6%, to be accrued quarterly, except that the interest rate
payable
to an applicant shall not exceed the rate of interest
accrued
on the state common cash fund for the quarter in which an
accrual
is determined. Interest shall be paid to the applicant upon
release
of the bond by the department. Any interest greater than 6%
shall
be deposited into the fund. The department may utilize a bond
required
under this part for removing scrap tires from a collection
site,
for other costs of cleanup at the collection site, and for
costs
of fire suppression and costs associated with responding to a
fire
or an emergency at a collection site, in case of an emergency
at
the collection site, insolvency of the collection site owner, or
if
the owner or operator of the collection site fails to comply
with
the requirements of this section and does not cause the
removal
of the tires at the direction of a court of competent
jurisdiction.
As used in this subdivision, "qualifying tire chip
storage
area" means 1 or more locations within a collection site
where
tire chips are stored if all of the following conditions are
met:
(i) The tire chips are marketable and no larger than 2
inches
by
2 inches in size.
(ii) The tire chips are stored in accordance with the
requirements
of section 16903.
(iii) Not less than 75% of the scrap tires, by weight or
volume,
that
are stored at the collection site each calendar year are
removed
from the collection site to an approved market during that
year,
and the collection site owner or operator certifies
compliance
with this subparagraph on a form approved by the
department.
(iv) The areas of the scrap tire collection site that
are used
for
storage of the tire chips are not larger than a total of 1 acre
and
those areas are indicated on a survey by a registered
professional
engineer submitted to the department as part of the
collection
site registration.
(2) A person who owns or operates a collection site where at
least
2,500 but less than 100,000 scrap tires
have been are
accumulated that
are not stored in a building outdoors
shall
comply with all of the following:
(a) All of the requirements of subsection (1).
(b) The tire storage area shall be completely enclosed with a
fence that is at least 6 feet tall with lockable gates and that is
designed to prevent easy access.
(c) An earthen berm not less than 5 feet in height shall
completely enclose the tire storage area except to allow for
necessary ingress and egress from roadways and buildings.
(d) The collection site shall contain sufficient drainage so
that water does not pool or collect on the property.
(e) The approach road to the tire storage area and on-site
access roads to the tire storage area shall be of all-weather
construction and maintained in good condition and free of debris
and equipment so that it is passable at all times for fire fighting
equipment
and other emergency vehicles.
If the local fire
department for the jurisdiction where the collection site is
located submits to the department a written determination that the
on-site access roads do not ensure that the site is accessible to
emergency vehicles at all times during the year, the department of
environmental quality shall consider the on-site access roads to be
in violation of this requirement.
(f) Tire storage areas shall be mowed regularly or otherwise
kept free of weeds, vegetation, and other growth at all times.
(g) An emergency procedures plan shall be prepared and
displayed at the collection site. The plan shall include telephone
numbers of the local fire and police departments. The plan shall be
reviewed by the local fire department prior to being posted.
(h) Scrap tires shall not be accumulated in excess of 10,000
cubic yards of scrap tires per acre.
(3) A person who owns or operates a collection site where
100,000
or more scrap tires have been are accumulated that
are
not
stored in a building outdoors
shall comply with all of the
requirements of subsections (1) and (2) and that person shall
operate as a scrap tire processor.
(4) Except as otherwise provided in subsection (5) and section
16903b, a person who owns a collection site shall maintain a bond
in favor of the department. The amount of the bond shall be not
less than the sum of $25,000.00 per quarter acre, or fraction
thereof, of outdoor tire storage area, and $2.00 per square foot of
tire storage area in a building. However, for collection sites with
fewer than 2,500 tires, the bond shall not exceed $2,500.00. A
person who elects to use a certificate of deposit as bond shall
receive any accrued interest on that certificate of deposit upon
release of the bond by the department. A person who elects to post
cash as bond shall accrue interest on that bond at the annual rate
of 6%, to be accrued quarterly, except that the interest rate
payable to an applicant shall not exceed the rate of interest
accrued on the state common cash fund for the quarter in which an
accrual is determined. Interest shall be paid to the applicant upon
release of the bond by the department. Any interest greater than 6%
shall be deposited into the fund. The department may utilize a bond
required under this subsection for removing scrap tires from a
collection site, for other costs of cleanup at the collection site,
and for costs of fire suppression and costs associated with
responding to a fire or an emergency at a collection site, if there
is an emergency at the collection site, if the collection site
owner becomes insolvent, or if the owner or operator of the
collection site fails to comply with the requirements of this
section and does not cause the removal of the tires at the
direction of a court of competent jurisdiction.
(5) A bond is not required under subsection (4) for a
commodity storage area that meets all of the following
requirements:
(a) The commodity is stored in accordance with the
requirements of subsection (1).
(b) Not less than 75% of the commodity, by weight or volume,
that is stored at the collection site each calendar year is removed
from the collection site to a market during that year, and the
collection site owner or operator certifies compliance with this
subparagraph on a form approved by the department.
(c) The areas of the collection site that are used for storage
of the commodity are not larger than a total of 1 acre and those
areas are indicated on a survey by a registered professional
engineer submitted to the department as part of the collection site
registration.
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) House Bill No. 6474.
(g) Senate Bill No. 1422.
(h) Senate Bill No. 1421.
(i) House Bill No. 6476.
(j) House Bill No. 6475.