SB-1421, As Passed Senate, November 30, 2006
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) 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) House Bill No. 6476.
(j) House Bill No. 6475.