Act No. 523

Public Acts of 2006

Approved by the Governor

December 28, 2006

Filed with the Secretary of State

December 29, 2006

EFFECTIVE DATE: December 29, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Senators Jelinek, McManus, Brown, Birkholz, Kuipers, Goschka, Cherry, Allen, Scott, Olshove, Barcia, Switalski, Basham, Clark-Coleman and Brater

ENROLLED SENATE BILL No. 1421

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 16903b (MCL 324.16903b), as added by 2002 PA496.

The People of the State of Michigan enact:

Sec. 16903b. (1) Subject to subsection (2), the owner of a collection site is exempt from the requirement to obtain a bond under section 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) 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(4). Once an owner is required to obtain a bond under section 16903(4), the bond shall be maintained unless the owner brings the collection site into compliance with the site requirements, maintains compliance with the site requirements for a 1-year period, and complies with the certification requirements of subsection (1).

(3) As used in this section, "site requirements" means all the requirements of section 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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor