HOUSE BILL No. 4242
February 6, 1997, Introduced by Reps. McManus, McBryde, Law, Horton, Gernaat, DeVuyst, Middaugh, Anthony, Bodem, Gire, LaForge, Prusi, Tesanovich, DeHart, Schermesser, Raczkowski, Kilpatrick, Kelly, Mans, Brater and Goschka and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903 (MCL 324.16903) and by adding section 16903a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16903. (1) A person who owns or operates a collection 2 site where less than 2,500 scrap tires have been accumulated that 3 are not stored in a building or stored in a covered vehicle shall 4 comply with all of the following: 5 (a) Only tires shall be accumulated in a tire storage area. 6 (b) Except as provided in subdivision (f), the tires shall 7 be accumulated in piles no greater than 15 feet in height with 8 horizontal dimensions no greater than 200 by 40 feet. 00006'97 JCB 2 1 (c) Except as provided in subdivision (f), the tires shall 2 not be within 20 feet of the property line or within 60 feet of a 3 building or structure. 4 (d) The tires shall be maintained in a manner that limits 5 the potential of mosquito breeding by complying with 1 or more of 6 the following: 7 (i) The tires shall be covered by plastic sheets or other 8 impermeable barriers to prevent the accumulation of 9 precipitation. 10 (ii) The tires shall be chemically treated to eliminate mos- 11 quito breeding. 12 (iii) The tires shall be shredded or chipped into pieces no 13 larger than 4 inches by 6 inches and stored in piles that allow 14 complete water drainage. 15 (e) Except as provided in subdivision (f), there shall be a 16 minimum separation of 20 30 feet between tire piles. The open 17 space between tire piles shall at all times be free of rubbish, 18 equipment, and other materials. 19 (f) Tire piles shall be accessible to fire fighting 20 equipment. If the requirement of this subdivision is met, the 21 local fire department that serves the jurisdiction in which the 22 collection site is located may approve a variance from the 23 requirements of subdivisions (b), (c), and (e). Such an approv- 24 al, if granted, shall be in writing. 25 (G) TIRES, INCLUDING SHREDDED TIRES, SHALL BE ISOLATED FROM 26 OTHER STORED MATERIALS THAT MAY CREATE HAZARDOUS PRODUCTS IF 27 THERE IS A FIRE, INCLUDING, BUT NOT LIMITED TO, LEAD ACID 00006'97 3 1 BATTERIES, FUEL TANKS, SOLVENT BARRELS, AND PESTICIDE 2 CONTAINERS. 3 (H) THE COLLECTION SITE SHALL BE SUBJECT TO ANNUAL INSPEC- 4 TION BY THE LOCAL FIRE DEPARTMENT THAT SERVES THE JURISDICTION IN 5 WHICH THE COLLECTION SITE IS LOCATED. 6 (I) ALL PERSONS EMPLOYED TO WORK AT THE COLLECTION SITE 7 SHALL BE TRAINED IN EMERGENCY RESPONSE OPERATIONS. THE OWNER OR 8 OPERATOR OF THE COLLECTION SITE SHALL MAINTAIN TRAINING RECORDS 9 AND SHALL MAKE THESE RECORDS AVAILABLE TO THE LOCAL FIRE DEPART- 10 MENT THAT SERVES THE JURISDICTION IN WHICH THE COLLECTION SITE IS 11 LOCATED. 12 (J) (g) The person who owns a collection site shall main- 13 tain a PERFORMANCE bond in favor of the department in an amount 14 , as determined by the department, sufficient to cover the cost 15 of removing the tires from the OF $10,000.00 PER ACRE OF tire 16 storage area. However, for collection sites with fewer than 17 2,500 tires, the bond shall not exceed $2,500.00. A person who 18 elects to use a certificate of deposit as bond shall receive any 19 accrued interest on that certificate of deposit upon release of 20 the bond by the department. A person who elects to post cash as 21 bond shall accrue interest on that bond at the annual rate of 6%, 22 to be accrued quarterly, except that the interest rate payable to 23 an applicant shall not exceed the rate of interest accrued on the 24 state common cash fund for the quarter in which an accrual is 25 determined. Interest shall be paid to the applicant upon release 26 of the bond by the department. Any interest greater than 6% 27 shall be deposited into the fund. The department may utilize a 00006'97 4 1 bond required under this part for removing scrap tires from a 2 collection site, FOR OTHER COSTS OF CLEANUP AT THE COLLECTION 3 SITE, AND FOR COSTS ASSOCIATED WITH RESPONDING TO A FIRE OR AN 4 EMERGENCY AT A COLLECTION SITE, in case of an emergency at the 5 collection site, insolvency of the collection site owner, or if 6 the owner or operator of the collection site fails to comply with 7 the requirements of this section and does not cause the removal 8 of the tires at the direction of the department or a court of 9 competent jurisdiction. 10 (2) A person who owns or operates a collection site where at 11 least 2,500 but less than 100,000 scrap tires have been accumu- 12 lated that are not stored in a building shall comply with all of 13 the following: 14 (a) All of the requirements of subsection (1). 15 (b) The area in which the tires are accumulated shall be 16 completely enclosed with a fence that is at least 6 feet tall 17 with lockable gates and that is designed to prevent easy access. 18 (c) An earthen berm not less than 5 feet in height shall be 19 positioned outside of the fence in which the tires are enclosed. 20 (d) The collection site shall contain sufficient drainage so 21 that water does not pool or collect on the property. 22 (e) The approach road to the tire storage area and on-site 23 access roads to the tire storage area shall be of all-weather 24 construction and maintained in good condition AND FREE OF DEBRIS 25 AND EQUIPMENT so that it is passable at all times for fire 26 fighting equipment vehicles. 00006'97 5 1 (f) Tire storage areas shall be mowed regularly or otherwise 2 kept free of weeds, vegetation, and other growth at all times. 3 (g) An emergency procedures plan shall be prepared and dis- 4 played at the collection site. The plan shall include telephone 5 numbers of the local fire and police departments. The plan shall 6 be reviewed by the local fire department prior to being posted. 7 (H) SCRAP TIRES SHALL NOT BE ACCUMULATED IN EXCESS OF 10,000 8 CUBIC YARDS OF SCRAP TIRES PER ACRE. 9 (3) A person who owns or operates a collection site where 10 100,000 or more scrap tires have been accumulated that are not 11 stored in a building shall comply with all of the requirements of 12 subsections (1) and (2) and that person shall operate as a scrap 13 tire processor. 14 SEC. 16903A. THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL 15 PREPARE AND IMPLEMENT A STATEWIDE RESPONSE PLAN FOR RESPONDING TO 16 FIRES AT COLLECTION SITES. 00006'97 Final page. JCB