SENATE BILL No. 1040

 

 

December 18, 2009, Introduced by Senators VAN WOERKOM, JANSEN and JELINEK and referred to the Committee on Local, Urban and State Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11522 (MCL 324.11522).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11522. (1) Beginning on March 28, 1995, the The open

 

burning of grass clippings or leaves, or both, is prohibited in any

 

municipality having a population of 7,500 or more, unless

 

specifically authorized by local ordinance, which ordinance shall

 

be reported to the department of natural resources within 30 days

 

of after enactment.

 

     (2) This section does not allow a county or municipality to

 

permit open burning of grass clippings or leaves, or both, by an

 

ordinance that would otherwise be prohibited under part 55 or rules

 


promulgated under that part.

 

     (3) This part, part 55, and rules promulgated under this part

 

or part 55 shall not be construed to prohibit the open burning of

 

bins for apples if all of the following requirements are met:

 

     (a) The apple bins are constructed of untreated lumber.

 

     (b) The open burning does not create a nuisance.

 

     (c) The open burning occurs in the unincorporated area of a

 

township.

 

     (4) Subsection (3) does not exempt the open burning of apple

 

bins from the requirements of part 515.