HB-4207, As Passed Senate, April 17, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4207

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 5512 and 11522 (MCL 324.5512 and 324.11522);

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5512. (1) The department shall promulgate rules for

purposes of doing all of the following:

     (a) Controlling or prohibiting air pollution.

     (b) Complying with the clean air act.

     (c) Controlling any mode of transportation that is capable of

causing or contributing to air pollution.

     (d) Reviewing proposed locations of stationary emission

sources.

     (e) Reviewing modifications of existing emission sources.

     (f) Prohibiting locations or modifications of emission sources

that impair the state's ability to meet federal ambient air quality

standards.

     (g) Establishing suitable emission standards consistent with

federal ambient air quality standards established by the federal

government and factors including, but not limited to, conditions of

the terrain, wind velocities and directions, land usage of the

region, and the anticipated characteristics and quantities of

potential air pollution sources. This part does not prohibit the

department from denying or revoking a permit to operate a source,

`process, or process equipment that would adversely affect human

health or other conditions important to the life of the community.

     (h) Implementing sections 5505 and 5506.

     (2) Unless otherwise provided in this part, each rule, permit,

or administrative order promulgated or issued under this part prior

to November 13, 1993 shall remain in effect according to its terms

unless the rule or order is inconsistent with this part or is

revised, amended, or repealed.

     (3) Section 11522 applies to open burning.

     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 enactment.

     (2) This section Subsection (1) does not allow permit a county

or municipality to permit authorize 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) Beginning 180 days after the effective date of the

amendatory act that added this subsection, a person shall not

conduct open burning of household waste that contains plastic,

rubber, foam, chemically treated wood, textiles, electronics,

chemicals, or hazardous materials.

     (4) Sections 11546 and 11549 do not apply to an individual who

violates subsection (3) by open burning of waste from that

individual's household. Such an individual is responsible for a

state civil infraction and is subject to the following:

     (a) For a first offense within a 3-year period, a warning by

the judge or magistrate.

     (b) For a second offense within a 3-year period, a civil fine

of not more than $75.00.

     (c) For a third offense within a 3-year period, a civil fine

of not more than $150.00.

     (d) For a fourth or subsequent offense within a 3-year period,

a civil fine of not more than $300.00.

     (5) Notwithstanding section 5512, the department shall not

promulgate or enforce a rule that extends the prohibition under

subsection (3) to materials not listed in subsection (3).

     (6) This part, part 55, or rules promulgated under this part

or part 55 do not prohibit a person from conducting open burning of

wooden fruit or vegetable storage bins constructed from untreated

lumber if all of the following requirements are met:

     (a) The burning is conducted for disease or pest control.

     (b) The burning is not conducted at any of the following

locations:

     (i) Within a priority I area as listed in table 33 or a

priority II area as listed in table 34 of R 336.1310 of the

Michigan administrative code.

     (ii) In a city or village.

     (iii) Within 1,400 feet outside the boundary of a city or

village.

     (7) Subsections (5) and (6) do not authorize open burning that

is prohibited by a local ordinance.

(8) A congressionally chartered patriotic organization that

disposes of an unserviceable flag of the United States by burning

that flag is not subject to regulation or penalty for violating a

state law or local ordinance pertaining to open burning of

materials or substances.

     Enacting section 1. Section 5514 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.5514, is

repealed.