HOUSE BILL No. 5380


     February 16, 2000, Introduced by Reps. Mead, Tabor, Pumford and Allen and referred to the Committee on Conservation and
Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 16901, 16902, 16903, 16904a, 16905, 16906,

   and 16909 (MCL 324.16901, 324.16902, 324.16903, 324.16904a,

   324.16905, 324.16906, and 324.16909), sections 16901 and 16903 as

   amended and section 16904a as added by 1997 PA 17, and by adding

   section 16909a; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 16901.  As used in this part:

 2
           (a) "Abandoned scrap tires" means an accumulation of scrap

 3
      tires on property where the property owner is not, as determined

 4
      by the department, responsible in whole or in part for the accu-

 5
      mulation of the scrap tires.  For the purposes of this

 6
      subdivision, an owner who purchased or willingly took possession

 7
      of an existing scrap tire collection site shall be considered by


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      the department to be responsible in whole or in part for the

 2
      accumulation of the scrap tires.

 3
           (b) "Bond" means a performance bond from a surety company

 4
      authorized to transact business in this state, a certificate of

 5
      deposit, a cash bond, or an irrevocable letter of credit, in

 6
      favor of the department.

 7
           (c) "Collection site" means a site, other than a landfill, a

 8
      racecourse, or a feed storage location, that contains either of

 9
      the following:

10
           (i) One or more pieces of adjacent real property where 500

11
      or more scrap tires are accumulated and that is not associated

12
      with a retail operation as provided in subparagraph (ii) or with

13
      an automotive recycler as provided in subparagraph (iii).

14
           (ii) One or more pieces of adjacent real property where

15
      1,500 or more scrap tires are accumulated if that property is

16
      owned or leased by a person who is a retailer and is not associ-

17
      ated with an automotive recycler as provided in

18
      subparagraph (iii).

19
           (iii) One or more pieces of adjacent real property where

20
      2,500 or more scrap tires are accumulated if that property is

21
      owned or leased by a person who is an automotive recycler as

22
      defined in section 2a of the Michigan vehicle code, 1949 PA 300,

23
      MCL 257.2a.

24
           (D) "CRUMB RUBBER" MEANS RUBBER MATERIAL DERIVED FROM TIRES

25
      THAT IS LESS THAN 1/8 INCH BY 1/8 INCH IN SIZE AND IS FREE OF ALL

26
      STEEL AND ALL FIBER.





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           (E)  (d)  "Department" means the department of environmental

 2
      quality.

 3
           (F) "END USER" MEANS ANY OF THE FOLLOWING:

 4
           (i) A PERSON WHO POSSESSES A PERMIT TO BURN TIRES UNDER

 5
      PART 55.

 6
           (ii) THE OWNER OR OPERATOR OF A LANDFILL THAT IS AUTHORIZED

 7
      UNDER THE LANDFILL'S OPERATING LICENSE TO USE SCRAP TIRES.

 8
           (iii) A PERSON WHO CONVERTS SCRAP TIRES INTO CRUMB RUBBER

 9
      THAT IS USED TO MANUFACTURE PRODUCTS THAT ARE SOLD IN THE MARKET

10
      BUT DOES NOT MANUFACTURE THE PRODUCTS THAT ARE SOLD IN THE

11
      MARKET.

12
           (G)  (e)  "Feed storage location" means a location on 1 or

13
      more pieces of adjacent real property containing a commercially

14
      operated farming operation where not more than 3,000 scrap tires

15
      are used for the purpose of securing stored feed.

16
           (H)  (f)  "Fund" means the scrap tire regulatory fund cre-

17
      ated in section 16908.

18
           (I)  (g)  "Landfill" means  that term  A LANDFILL as
    it is 

19
      defined in section 11504 THAT IS LICENSED UNDER PART 115.

20
           (J)  (h)  "Racecourse" means a commercially operated track

21
      for go-carts, vehicles, off-road recreational vehicles, or motor-

22
      cycles that uses not more than 3,000 scrap tires for bumpers

23
      along the track for safety purposes.

24
           (K)  (i)  "Retailer" means a person who sells or offers for

25
      sale new, retreaded, or remanufactured tires to consumers in this

26
      state.





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           (l)  (j)  "Scrap tire" means a tire that is no longer being

 2
      used for its original intended purpose INCLUDING, BUT NOT LIMITED

 3
      TO, A USED TIRE, A REUSABLE TIRE CASING, OR PORTIONS OF TIRES.

 4
      Scrap tire does not include CRUMB RUBBER OR a vehicle support

 5
      stand.

 6
           (M)  (k)  "Scrap tire hauler" means a person who, as part of

 7
      a commercial business, transports scrap tires, other than a solid

 8
      waste hauler as defined in part 115 who transports 7 or fewer

 9
      scrap tires along with other solid waste in any truckload.

10
           (N)  (l)  "Scrap tire processor" means a person WHO IS

11
      AUTHORIZED BY THIS PART TO ACCUMULATE SCRAP TIRES AND IS engaged

12
      in the business of  storing,  buying  ,  or otherwise
   acquiring

13
      scrap tires  ,  and reducing their volume by shredding or other-

14
      wise facilitating recycling or resource recovery techniques for

15
      scrap tires.  A scrap tire processor includes a person who, in

16
      addition to processing the scrap tires, incinerates the tires or

17
      converts the tires into a product or another end use. 

18
           (O) "SCRAP TIRE RECYCLER" MEANS A PERSON WHO IS AUTHORIZED

19
      BY THIS PART TO ACCUMULATE SCRAP TIRES, WHO ACQUIRES SCRAP TIRES,

20
      AND WHO CONVERTS SCRAP TIRES INTO A PRODUCT THAT IS SOLD OR

21
      REUSED IN A MANNER AUTHORIZED BY THIS PART.

22
           (P)  (m)  "Tire" means a continuous solid or pneumatic

23
      rubber covering encircling the wheel of a tractor or other farm

24
      machinery or of a vehicle.

25
           (Q)  (n)  "Tire storage area" means a location within a col-

26
      lection site where tires are accumulated.





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           (R)  (o)  "Vehicle" means every device in, upon, or by which

 2
      any person or property is or may be transported or drawn upon a

 3
      highway, excepting devices exclusively moved by human power or

 4
      used exclusively upon stationary rails or tracks and excepting a

 5
      mobile home as defined in section 2 of the mobile home commission

 6
      act, 1987 PA 96, MCL 125.2302.

 7
           (S)  (p)  "Vehicle support stand" means equipment used to

 8
      support a stationary vehicle consisting of an inflated tire and

 9
      wheel that is attached to another wheel.

10
           Sec. 16902.  (1)  A person shall not discard a tire on any

11
      property that is not in compliance with sections 16903 and

12
      16904.  A PERSON SHALL ONLY DELIVER, OR BY CONTRACT, AGREEMENT,

13
      OR OTHERWISE CAUSE THE DELIVERY OF, A SCRAP TIRE TO A COLLECTION

14
      SITE REGISTERED UNDER SECTION 16904, A LANDFILL, AN END-USER, A

15
      SCRAP TIRE PROCESSOR, A TIRE RETAILER, OR A SCRAP TIRE RECYCLER,

16
      THAT IS IN COMPLIANCE WITH THIS PART.

17
           (2)  A person shall not dispose of a scrap tire in any

18
      manner other than a manner authorized by this part or by part 55

19
      or part 115.  A PERSON WHO BY CONTRACT, AGREEMENT, OR OTHERWISE

20
      ARRANGES FOR THE REMOVAL OF SCRAP TIRES SHALL DO SO WITH A SOLID

21
      WASTE HAULER AS DEFINED IN PART 115 WHO TRANSPORTS 7 OR FEWER

22
      SCRAP TIRES ALONG WITH OTHER SOLID WASTE IN ANY TRUCKLOAD OR A

23
      SCRAP TIRE HAULER WHO IS REGISTERED PURSUANT TO SECTION 16905(1)

24
      AND WHO BY CONTRACT, AGREEMENT, OR OTHERWISE IS OBLIGATED TO

25
      DELIVER THE SCRAP TIRES TO A DESTINATION AS REQUIRED IN SUBSEC-

26
      TION (1).





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 1
           (3) THE DRIVER OF A VEHICLE IS PRESUMED TO BE RESPONSIBLE

 2
      FOR SCRAP TIRES DISCARDED OR DISPOSED OF FROM THAT VEHICLE IN

 3
      VIOLATION OF THIS SECTION SUBJECT TO THE FOLLOWING:

 4
           (A) IN A PROCEEDING FOR A VIOLATION OF THIS SECTION, PROOF

 5
      THAT THE PARTICULAR VEHICLE DESCRIBED IN THE CITATION, COMPLAINT,

 6
      OR WARRANT WAS USED IN THE VIOLATION, TOGETHER WITH PROOF THAT

 7
      THE DEFENDANT NAMED IN THE CITATION, COMPLAINT, OR WARRANT WAS

 8
      THE REGISTERED OWNER OF THE VEHICLE AT THE TIME OF THE VIOLATION,

 9
      CONSTITUTES A REBUTTABLE PRESUMPTION THAT THE REGISTERED OWNER OF

10
      THE VEHICLE WAS THE DRIVER OF THE VEHICLE AT THE TIME OF THE

11
      VIOLATION.

12
           (B) IN A PROCEEDING FOR A VIOLATION OF THIS SECTION INVOLV-

13
      ING A LEASED MOTOR VEHICLE, PROOF THAT THE PARTICULAR VEHICLE

14
      DESCRIBED IN THE CITATION, COMPLAINT, OR WARRANT WAS USED IN THE

15
      VIOLATION, TOGETHER WITH PROOF THAT THE DEFENDANT NAMED IN THE

16
      CITATION, COMPLAINT, OR WARRANT WAS THE LESSEE OF THE VEHICLE AT

17
      THE TIME OF THE VIOLATION, CONSTITUTES A REBUTTABLE PRESUMPTION

18
      THAT THE LESSEE OF THE VEHICLE WAS THE DRIVER OF THE VEHICLE AT

19
      THE TIME OF THE VIOLATION.

20
           Sec. 16903.  (1) A person who owns or operates a collection

21
      site where less than 2,500 scrap tires have been accumulated that

22
      are not stored in a building or stored in a covered vehicle shall

23
      comply with all of the following:

24
           (a) Only tires shall be accumulated in a tire storage area.

25
           (b) Except as provided in subdivision (f), the tires shall

26
      be accumulated in piles no greater than 15 feet in height with

27
      horizontal dimensions no greater than 200 by 40 feet.



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           (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 30 feet between tire piles.  However, a

17
      collection site that was in operation on the effective date of

18
      the 1997 amendments to this subdivision has 2 years after this

19
      date to comply with this subdivision.  During this 2-year period,

20
      there shall be a minimum of 20 feet between tire piles.  A col-

21
      lection site that has not, within 6 months after the effective

22
      date of the 1997 amendments to this subdivision, made significant

23
      progress toward compliance with the 30-foot separation distance

24
      provided in this subdivision shall not receive scrap tires until

25
      the collection site complies with the 30-foot separation

26
      distance.  The department may grant an exemption to the 30-foot

27
      separation distance provided in this subdivision for a specified



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 1
      period of time if the owner or operator demonstrates to the

 2
      department's satisfaction that expansion of the collection site

 3
      is not possible due to the unavailability of additional space and

 4
      that the owner or operator has made a good faith effort to find

 5
      markets for the excess scrap tires that would have to be removed

 6
      in order to comply with the 30-foot separation distance.  The

 7
      open space between tire piles shall at all times be free of rub-

 8
      bish, equipment, and other materials.

 9
           (f) Tire piles shall be accessible to fire fighting

10
      equipment.  If the requirement of this subdivision is met, the

11
      local fire department that serves the jurisdiction in which the

12
      collection site is located may approve a variance from the

13
      requirements of subdivisions (b), (c), and (e).  Such an approv-

14
      al, if granted, shall be in writing.

15
           (g) Tires, including shredded tires, shall be isolated from

16
      other stored materials that may create hazardous products if

17
      there is a fire, including, but not limited to, lead acid batte-

18
      ries, fuel tanks, solvent barrels, and pesticide containers.

19
           (h) The collection site shall be subject to an annual

20
      inspection and additional inspections at any reasonable time by

21
      THE DEPARTMENT, A PEACE OFFICER, OR the local fire department

22
      that serves the jurisdiction in which the collection site is

23
      located.

24
           (i) All persons employed to work at the collection site

25
      shall be trained in emergency response operations.  The owner or

26
      operator of the collection site shall maintain training records

27
      and shall make these records available to the local fire



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      department that serves the jurisdiction in which the collection

 2
      site is located.

 3
           (j) The person who owns  a  THE collection site shall main-

 4
      tain a performance bond in favor of the department.  The amount

 5
      of the bond shall be not less than the sum of $25,000.00 per

 6
      quarter acre, or fraction thereof, of outdoor tire storage area,

 7
      and notwithstanding the limitation provided in subsection (1),

 8
      $2.00 per square foot of tire storage area in a building and

 9
      $750.00 for each vehicle used as a tire storage area.  However,

10
      for collection sites with fewer than 2,500 tires, the bond shall

11
      not exceed $2,500.00.  A person who elects to use a certificate

12
      of deposit as bond shall receive any accrued interest on that

13
      certificate of deposit upon release of the bond by the

14
      department.  A person who elects to post cash as bond shall

15
      accrue interest on that bond at the annual rate of 6%, to be

16
      accrued quarterly, except that the interest rate payable to an

17
      applicant shall not exceed the rate of interest accrued on the

18
      state common cash fund for the quarter in which an accrual is

19
      determined.  Interest shall be paid to the applicant upon release

20
      of the bond by the department.  Any interest greater than 6%

21
      shall be deposited into the fund.  The department may utilize a

22
      bond required under this part for removing scrap tires from a

23
      collection site, for bringing the collection site into compliance

24
      with this part, for other costs of cleanup at the collection

25
      site, and for costs of fire suppression and costs associated with

26
      responding to a fire or an emergency at a collection site, in

27
      case of an emergency at the collection site, insolvency of the



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      collection site owner, or if the owner or operator of the

 2
      collection site fails to comply with the requirements of this

 3
      section and does not cause the removal of the tires at the direc-

 4
      tion of the department or a court of competent jurisdiction.

 5
           (2) A person who owns or operates a collection site where at

 6
      least 2,500 but less than 100,000 scrap tires have been accumu-

 7
      lated that are not stored in a building shall comply with all of

 8
      the following:

 9
           (a) All of the requirements of subsection (1).

10
           (b) The TIRE STORAGE area  in which the tires are

11
      accumulated  shall be completely enclosed with a fence that is at

12
      least 6 feet tall with lockable gates and that is designed to

13
      prevent easy access.

14
           (c) An earthen berm not less than 5 feet in height shall  be

15
      positioned outside of the fence in which the tires are enclosed 

16
      COMPLETELY ENCLOSE THE TIRE STORAGE AREA EXCEPT TO ALLOW FOR NEC-

17
      ESSARY INGRESS AND EGRESS.

18
           (d) The collection site shall contain sufficient drainage so

19
      that water does not pool or collect on the property.

20
           (e) The approach road to the tire storage area and on-site

21
      access roads to the tire storage area shall be of all-weather

22
      construction and maintained in good condition and free of debris

23
      and equipment so that it is passable at all times for fire

24
      fighting equipment vehicles.

25
           (f) Tire storage areas shall be mowed regularly or otherwise

26
      kept free of weeds, vegetation, and other growth at all times.





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           (g) An emergency procedures plan shall be prepared and

 2
      displayed at the collection site.  The plan shall include

 3
      telephone numbers of the local fire and police departments.  The

 4
      plan shall be reviewed by the local fire department prior to

 5
      being posted.

 6
           (h) Scrap tires shall not be accumulated in excess of 10,000

 7
      cubic yards of scrap tires per acre.

 8
           (3) A person who owns or operates a collection site where

 9
      100,000 or more scrap tires have been accumulated that are not

   10 stored in a building shall comply with all of the requirements of

11
      subsections (1) and (2) and that person shall operate as a scrap

12
      tire processor.

13
           Sec. 16904a.  (1) An  EXCEPT AS PROVIDED IN SECTION 16906,

14
      AN end-user is exempt from this part for scrap tires stored on

15
      the site of the end-user if not less than 75% of the scrap tires,

16
      by weight or volume, that are stored on site each calendar year

17
      are recycled or used for resource recovery during that year, and

18
      the end-user annually certifies his or her compliance with this

19
      section on a form approved by the department.

20
            (2) As used in this section:

21
           (a) "Crumb rubber" means rubber material derived from tires

22
      that is less than 1/8 inch by 1/8 inch in size and is free of all

23
      steel and all fiber.

24
           (b) "End user" means any of the following:

25
           (i) A person who possesses a permit to burn tires under part

26
      55.





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 1
           (ii) A person who possesses a permit to construct a landfill

 2
      under part 115.

 3
           (iii) A person who only engineers scrap tires into crumb

 4
      rubber that is used to manufacture products that are sold in the

 5
      market. 

 6
           Sec. 16905.  (1) By January 31 of each year, a scrap tire

 7
      hauler shall annually register with the department on a form pro-

 8
      vided by, and containing the information required by, the

 9
      department.  A scrap tire hauler who does not provide all of the

10
      information required by the department shall not be considered

11
      registered under this part.

12
           (2) A scrap tire hauler when transporting scrap tires shall

13
      have in his or her possession a copy of the current unexpired

14
      scrap tire hauler registration and shall present it upon demand

15
      of a peace officer.  The scrap tire hauler registration number

16
      issued by the department shall be visibly displayed on a vehicle

17
      transporting scrap tires.

18
           (3) A scrap tire hauler shall maintain a record of each load

19
      of scrap tires he or she transports on forms approved by the

20
      department.  These records shall be maintained for a period of 5

21
      years and shall be made available, upon request, to the depart-

22
      ment or to a peace officer at reasonable hours.  These records

23
      shall contain at least the following information:

24
           (a) The name, address, telephone number, authorized signa-

25
      ture, and registration number of the scrap tire hauler.







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           (b) The name, address, telephone number, and authorized

 2
      signature of the person who contracts for the removal of the

 3
      scrap tires.

 4
           (C) THE NAME, ADDRESS, TELEPHONE NUMBER, AND, UPON DELIVERY,

 5
      THE AUTHORIZED SIGNATURE OF THE OWNER OR OPERATOR OF THE COLLEC-

 6
      TION SITE, LANDFILL, END-USER, SCRAP TIRE PROCESSOR, TIRE RETAIL-

 7
      ER, OR SCRAP TIRE RECYCLER, WHERE THE TIRES ARE TO BE DELIVERED.

 8
           (D)  (c)  The date of removal  ,  AND THE number of
   scrap

 9
      tires  , and intended final destination of the scrap tires  BEING

10
      TRANSPORTED.

11
           (4) A scrap tire hauler shall not dispose of scrap tires at

12
      a  site  LOCATION other than the  site  LOCATION identified
   on

13
      the record required by subsection (3).

14
           (5) The original record as required by subsection (3) shall

15
      be in the possession of the scrap tire hauler during the actual

16
      transportation of the scrap tires.  A copy of the record provided

17
      for in subsection (3) shall be provided to the person who con-

18
      tracts for the removal of scrap tires at the time of removal of

19
      the tires from the originating  site  LOCATION.  A copy shall

20
      also be provided to the registered scrap tire collection site,

21
       or licensed  THE landfill, END-USER, SCRAP TIRE PROCESSOR, TIRE

22
      RETAILER, OR SCRAP TIRE RECYCLER to which the scrap tires are

23
      delivered at the time of delivery.

24
           (6) A person who,  contracts  BY CONTRACT, AGREEMENT, OR

25
      OTHERWISE, ARRANGES for the removal of scrap tires shall

26
       contract  DO SO WITH A SOLID WASTE HAULER AS DEFINED IN PART 115

27
      WHO TRANSPORTS 7 OR FEWER SCRAP TIRES ALONG WITH OTHER SOLID



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 1
      WASTE IN ANY TRUCKLOAD OR with a scrap tire hauler who is

 2
      registered under subsection (1).

 3
           (7) IN A PROCEEDING FOR A VIOLATION OF THIS SECTION, PROOF

 4
      THAT A PERSON TRANSPORTED MORE THAN 7 SCRAP TIRES ON A VEHICLE AT

 5
      THE SAME TIME CONSTITUTES A REBUTTABLE PRESUMPTION THAT THE

 6
      PERSON IS ENGAGING IN THE COMMERCIAL BUSINESS OF TRANSPORTING

 7
      SCRAP TIRES.

 8
           Sec. 16906.  The department shall contact each local health

 9
      department as defined in section 1105 of the public health code,

10
      Act No. 368 of the Public Acts of 1978, being section 333.1105 of

11
      the Michigan Compiled Laws, and shall request that local health

12
      department to provide a list, including the location and owner,

13
      if known, of all known significant tire piles within its

14
      jurisdiction. 

15
           (1) A PERSON WHO GENERATES SCRAP TIRES BY CAUSING THE

16
      REMOVAL OF SCRAP TIRES FROM A PROPERTY, INCLUDING AN END-USER,

17
      SHALL MAINTAIN AT THE SITE OF GENERATION RECORDS OF ALL SCRAP

18
      TIRES DELIVERED TO A COLLECTION SITE, A LANDFILL, AN END-USER, A

19
      SCRAP TIRE PROCESSOR, A TIRE RETAILER, OR A SCRAP TIRE RECYCLER.

20
      THESE RECORDS SHALL BE MAINTAINED AT THE SITE OF GENERATION FOR A

21
      PERIOD OF 5 YEARS AND SHALL BE MADE AVAILABLE UPON REQUEST TO THE

22
      DEPARTMENT OR TO A PEACE OFFICER AT REASONABLE HOURS.  THESE

23
      RECORDS SHALL CONTAIN ALL OF THE INFORMATION REQUIRED OF A SCRAP

24
      TIRE HAULER IN SECTION 16905(3), INCLUDING THE AUTHORIZED SIGNA-

25
      TURE AS REQUIRED BY SUBSECTION (3).

26
           (2) A PERSON, OTHER THAN A SOLID WASTE HAULER AS DEFINED IN

27
      PART 115 WHO TRANSPORTS 7 OR FEWER SCRAP TIRES ALONG WITH OTHER



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 1
      SOLID WASTE IN ANY TRUCKLOAD OR A SCRAP TIRE HAULER WHO RECEIVES

 2
      SCRAP TIRES, INCLUDING AN END-USER, SHALL MAINTAIN A RECORD OF

 3
      ALL SCRAP TIRES RECEIVED.  THESE RECORDS SHALL BE MAINTAINED FOR

 4
      A PERIOD OF 5 YEARS AND SHALL BE MADE AVAILABLE UPON REQUEST TO

 5
      THE DEPARTMENT OR A PEACE OFFICER AT REASONABLE HOURS.  THESE

 6
      RECORDS SHALL CONTAIN ALL OF THE INFORMATION REQUIRED OF A SCRAP

 7
      TIRE HAULER IN SECTION 16905(3).

 8
           (3) UPON DELIVERY OF SCRAP TIRES TO A LOCATION AUTHORIZED

 9
      UNDER SECTION 16902, THE OWNER, OPERATOR, OR AUTHORIZED AGENT OF

10
      THAT LOCATION SHALL SIGN THE RECORD, INDICATING ACCEPTANCE OF THE

11
      SCRAP TIRES, AND PROVIDE A COPY OF THE SIGNED RECORD TO THE

12
      PERSON DELIVERING THE TIRES TO THE LOCATION.  WITHIN 10 DAYS, THE

13
      OWNER OR OPERATOR OF THE LOCATION RECEIVING THE SCRAP TIRES SHALL

14
      FORWARD A COPY OF THE SIGNED RECORD TO THE PERSON INDICATED ON

15
      THE RECORD AS THE GENERATOR OF THE SCRAP TIRES.  THE GENERATOR OF

16
      THE SCRAP TIRES SHALL RECONCILE ANY DISCREPANCY BETWEEN THIS COPY

17
      AND THE RECORD MAINTAINED IN SUBSECTION (1) AND RETAIN THESE

18
      RECORDS AS IS REQUIRED IN SUBSECTION (1).

19
           Sec. 16909.  (1) A person who violates this part  is guilty

20
      of a misdemeanor punishable by imprisonment for not more than 90

21
      days or a fine of not more than $10.00 for each tire that is dis-

22
      posed of or accumulated in violation of this part, or both  WHEN

23
      FEWER THAN 50 TIRES ARE INVOLVED IS GUILTY OF A MISDEMEANOR PUN-

24
      ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF

25
      NOT LESS THAN $200.00 OR MORE THAN $500.00, OR BOTH.

26
           (2) A PERSON WHO VIOLATES THIS PART WHEN 50 OR MORE TIRES

27
      ARE INVOLVED IS GUILTY OF A MISDEMEANOR PUNISHABLE BY



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 1
      IMPRISONMENT FOR NOT MORE THAN 180 DAYS OR A FINE OF NOT LESS

 2
      THAN $500.00 OR MORE THAN $10,000.00, OR BOTH, FOR EACH

 3
      VIOLATION.

 4
           (3) A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION

 5
      OF THIS PART IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISON-

 6
      MENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT LESS THAN

 7
      $1,000.00 OR MORE THAN $25,000.00, OR BOTH, FOR EACH VIOLATION.

 8
           (4) A PERSON WHO KNOWINGLY MAKES OR CAUSES TO BE MADE A

 9
      FALSE STATEMENT OR ENTRY ON AN APPLICATION FOR A REGISTRATION OR

10
      CERTIFICATION OR IN A RECORD REQUIRED BY THIS PART IS GUILTY OF A

11
      FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR A

12
      FINE OF NOT LESS THAN $2,500.00 OR MORE THAN $25,000.00, OR BOTH,

13
      FOR EACH VIOLATION.

14
           (5)  (2)  In addition to  , or as an alternative to, the

15
      penalties provided under subsection (1)  ANY OTHER PENALTY PRO-

16
      VIDED FOR IN THIS SECTION, the court may order a person who vio-

17
      lates this part to perform not more than 100 hours of community

18
      service.

19
           (6)  (3) Each  FOR ANY VIOLATION OF THIS PART, EACH day that

20
      a violation continues  may constitute  CONSTITUTES a separate

21
      violation.

22
           (7)  (4)  A  law enforcement officer or a conservation
   

23
      PEACE officer may issue an appearance ticket AS DESCRIBED AND

24
      AUTHORIZED BY SECTIONS 9A TO 9G OF CHAPTER IV OF THE CODE OF

25
      CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.9A TO 764.9G, to a

26
      person who is in violation of this part.





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 1
           SEC. 16909A.  (1) IF THE DEPARTMENT OR A PEACE OFFICER HAS

 2
      PROBABLE CAUSE TO BELIEVE THAT A PERSON IS VIOLATING THIS PART,

 3
      THE DEPARTMENT OR A PEACE OFFICER MAY SEARCH WITHOUT A WARRANT A

 4
      VEHICLE OR ANY TRANSPORTATION RELATED EQUIPMENT USED OR OPERATED

 5
      IN A MANNER OR FOR A PURPOSE IN VIOLATION OF THIS PART.  A VEHI-

 6
      CLE, EQUIPMENT, OR OTHER PROPERTY USED IN VIOLATION OF THIS PART

 7
      IS SUBJECT TO SEIZURE AND FORFEITURE AS PROVIDED IN CHAPTER 47 OF

 8
      THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.4701 TO

 9
      600.4709.

10
           (2) THE COURT MAY AWARD COURT COSTS AND OTHER EXPENSES OF

11
      LITIGATION INCLUDING ATTORNEY FEES TO A PARTY WHO SUCCESSFULLY

12
      BRINGS AN ACTION UNDER THIS SECTION.

13
           (3) THE DEPARTMENT OR A PEACE OFFICER MAY ENTER AT REASON-

14
      ABLE TIMES ANY TIRE RETAIL ESTABLISHMENT, VEHICLE OWNED OR OPER-

15
      ATED BY A SCRAP TIRE HAULER FOR THE TRANSPORT OF SCRAP TIRES, OR

16
      COLLECTION SITE OR OTHER PLACE WHERE SCRAP TIRES ARE OR HAVE BEEN

17
      RECEIVED, STORED, ACCUMULATED, DISCARDED, DISPOSED OF, OR FROM

18
      WHICH SCRAP TIRES HAVE BEEN TRANSPORTED AND MAY INSPECT THE LOCA-

19
      TION OR OTHER PLACE FOR THE PURPOSES OF ENFORCING OR ADMINISTER-

20
      ING THIS PART.

21
           Enacting section 1.  Section 16902a of the natural resources

22
      and environmental protection act, 1994 PA 451, MCL 324.16902a, is

23
      repealed.

24
           Enacting section 2.  This amendatory act does not take

25
      effect unless Senate Bill No. _____ or House Bill No. 5381

26
      (request no. 02792'99 a) of the 90th Legislature is enacted into

27
      law.



   02792'99