reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-161 - Part 161 Plastic Products Labeling (324.16101...324.16104) › Section 324.16101 - Definitions.

324.16101 Definitions.
Sec. 16101.
As used in this part:
(a) "Degradable" means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements.
(b) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic product.
(c) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
(d) "Plastic bottle" means a rigid plastic container with a capacity of 16 ounces or more that has a neck that is smaller than the body of the container.
(e) "Plastic product" means a plastic bottle and any other rigid plastic container.
(f) "Rigid plastic container" means any container composed predominantly of plastic resin and having a relatively inflexible finite shape or form that directly holds a substance or material and has a capacity of 8 ounces or more.
(g) "PETE" means polyethylene terephthalate.
(h) "HDPE" means high density polyethylene.
(i) "V" means vinyl.
(j) "LDPE" means low density polyethylene.
(k) "PP" means polypropylene.
(l) "PS" means polystyrene.
(m) "OTHER" means multilayer.
(n) "D" means degradable.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-161 - Part 161 Plastic Products Labeling (324.16101...324.16104) › Section 324.16102 - Plastic Products; Labeling With Code; List of Label Codes; Copies of List.

324.16102 Plastic products; labeling with code; list of label codes; copies of list.
Sec. 16102.
(1) All plastic products sold in this state shall be labeled with a code indicating the plastic resin used to produce the product. The code shall consist of a number placed within a triangle of arrows with letters placed below the triangle of arrows. The triangle shall be equilateral, formed by 3 arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer or arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the 3 arrows curved at their midpoints shall depict a clockwise path around the code number. The triangle of arrows shall be not less than 1/2 inch high or if the plastic product is designed so that a triangle or arrows of not less than 1/2 inch height cannot be added to the product, a smaller label may be used if the label can be easily read. The code shall appear on or near the bottom of the plastic product as follows:
(a) 1 PETE.
(b) 2 HDPE.
(c) 3 V.
(d) 4 LDPE.
(e) 5 PP.
(f) 6 PS.
(g) 7 OTHER.
(h) 8 D.
(2) The department shall maintain a list of the label codes provided in subsection (1) and shall provide a copy of that list to any person upon request.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-161 - Part 161 Plastic Products Labeling (324.16101...324.16104) › Section 324.16103 - Additional Staff Prohibited.

324.16103 Additional staff prohibited.
Sec. 16103.
Additional staff shall not be hired by the department for the purposes of enforcing this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-161 - Part 161 Plastic Products Labeling (324.16101...324.16104) › Section 324.16104 - Violation; Civil Fine; Default; Remedy.

324.16104 Violation; civil fine; default; remedy.
Sec. 16104.
(1) A person who violates this part is subject to a civil fine of $500.00 per violation.
(2) A default in the payment of a civil fine ordered under this part may be remedied by any means authorized under the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-163 - Part 163 Plastic Degradable Containers (324.16301...324.16303) › Section 324.16301 - Definitions.

324.16301 Definitions.
Sec. 16301.
As used in this part:
(a) "Containers" means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance.
(b) "Degradable" means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-163 - Part 163 Plastic Degradable Containers (324.16301...324.16303) › Section 324.16302 - Container Holding Devices Constructed of Plastic Rings; Design and Registration of Symbol; Test Data; Vacuum-Packed Wrapping.

324.16302 Container holding devices constructed of plastic rings; design and registration of symbol; test data; vacuum-packed wrapping.
Sec. 16302.
(1) A person shall not sell or offer for sale in this state containers connected to each other by a separate holding device that is constructed of plastic rings unless the device is degradable and bears a distinguishing symbol.
(2) A manufacturer of container holding devices that are constructed of plastic rings who sells or offers for sale or provides for the sale or offer for sale in this state of these devices shall design a distinguishing symbol indicating that the devices are degradable and shall register the distinguishing symbol with the department and provide the department with a sample of the device. The department may require test data that show that the device is degradable as required in this part.
(3) As used in this part, a separate holding device does not include a vacuum-packed wrapping that completely encases the containers that it connects.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-163 - Part 163 Plastic Degradable Containers (324.16301...324.16303) › Section 324.16303 - Violation as Misdemeanor; Penalty.

324.16303 Violation as misdemeanor; penalty.
Sec. 16303.
A person who violates this part is guilty of a misdemeanor punishable by a fine of $500.00 for each day this part is violated.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-165 - Part 165 Office Paper Recovery (324.16501...324.16503) › Section 324.16501 - Definitions.

324.16501 Definitions.
Sec. 16501.
As used in this part:
(a) "Accessible and available market" means that opportunities exist to sell wastepaper products that are collected pursuant to this part at rates and at locations that make it fiscally reasonable to collect that paper.
(b) "Recycled paper" means a paper product that contains not less than 50% wastepaper.
(c) "Wastepaper" means any discarded paper or corrugated paper board that is generated after the completion of the paper manufacturing process, and includes, but is not limited to, trimmings, printed paper, cutting and converting paper, newsprint, telephone books, catalogs, or other mixed postconsumer paper. Wastepaper does not include mill broke or other in-plant residual wastes.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled MCL 324.99903 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-165 - Part 165 Office Paper Recovery (324.16501...324.16503) › Section 324.16503 - Proceeds of Paper Recycling System; Disposition; Use.

324.16503 Proceeds of paper recycling system; disposition; use.
Sec. 16503.
The proceeds of the paper recycling system shall be forwarded to the state treasurer and credited to the office services revolving fund created in section 269 of the management and budget act, Act No. 431 of the Public Acts of 1984, being section 18.1269 of the Michigan Compiled Laws, to be utilized by the department of management and budget to implement this part and to reimburse other state departments that incur expenses under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-167 - Part 167 Used Oil Recycling (324.16701...324.16705) › Section 324.16701 - Definitions.

324.16701 Definitions.
Sec. 16701.
As used in this part:
(a) "Motor oil" means oil used as a lubricant in a motor vehicle.
(b) "Oil" means petroleum based oil.
(c) "Recycle" means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to utilize used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound, and complies with the law, rules, and regulations of this state and the United States.
(d) "Used oil" means oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-167 - Part 167 Used Oil Recycling (324.16701...324.16705) › Section 324.16702 - Plan to Promote Recycling of Motor Oil; Public Education Program.

324.16702 Plan to promote recycling of motor oil; public education program.
Sec. 16702.
The department shall implement a plan to promote the recycling of motor oil by the public and private sectors. The department shall conduct a public education program to inform the public and private sectors of the need for, and benefit of, collecting and recycling used oil in order to conserve resources and protect the natural resources of this state.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-167 - Part 167 Used Oil Recycling (324.16701...324.16705) › Section 324.16703 - Plan to Recycle Motor Oil; Demonstration Used Oil Recycling Project; Project Plan; Funding.

324.16703 Plan to recycle motor oil; demonstration used oil recycling project; project plan; funding.
Sec. 16703.
(1) The director of the department of management and budget shall formulate and implement a plan to recycle the motor oil used by the departments and agencies of this state.
(2) The department shall conduct a demonstration used oil recycling project that does all of the following:
(a) Provides for a system of used oil recycling tanks or barrels for use by the general public. The recycling tanks or barrels shall be located in designated state owned vehicle maintenance garages or other publicly owned structures that the department determines meet both of the following criteria:
(i) Are locations where used oil is generated from oil changes for state owned vehicles or vehicles operated under contracts with this state.
(ii) Are locations where oil recycling services are not otherwise available to the general public.
(b) Promotes public awareness of the availability to the general public of recycling tanks or barrels for used oil.
(3) The department shall establish a project plan for conducting the demonstration project provided for in subsection (2). The project plan shall include the number of locations, proposed sites, methods of public notice, security procedures, and model language for cooperative agreements with other state agencies for use of their facilities in the demonstration project.
(4) Funding necessary to implement this part may come from any lawful source, including appropriations, funds from private sources, and funds generated from the sale of general obligation bonds.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-167 - Part 167 Used Oil Recycling (324.16701...324.16705) › Section 324.16704 - Disposal of Used Oil; Designation of Land as Collection Facility; Placement in Receptacle or Container; Applicability of Subsection (1); Disposal of Used Oil in Municipal Solid Waste Incinerator; Violation as Misdemeanor; Penalty; Enforcement Actions; Criteria Used in Designating Collection Facilities.

324.16704 Disposal of used oil; designation of land as collection facility; placement in receptacle or container; applicability of subsection (1); disposal of used oil in municipal solid waste incinerator; violation as misdemeanor; penalty; enforcement actions; criteria used in designating collection facilities.
Sec. 16704.
(1) A person shall not dispose of or cause the disposal of used oil by dumping used oil onto the ground; discharging, dumping, or depositing used oil into sewers, drainage systems, surface waters, groundwaters, or other waters of this state; except as provided in subsection (2), by incineration; as refuse; or onto any public or private land unless the land is designated by the state or an agency or political subdivision of the state as a collection facility for the disposal, dumping, or deposit of used oil and if the used oil is placed in a receptacle or container installed or located at the collection facility.
(2) Subsection (1) does not apply to the use of used oil in an incinerator or other heater that is operated for purposes of providing heat or energy, or as a rust preventive coating on farm or construction equipment.
(3) Notwithstanding subsection (2), beginning March 28, 1994, used oil shall not be disposed of in a municipal solid waste incinerator as defined in part 115.
(4) Beginning on July 1, 1991, a person who violates this section is guilty of a misdemeanor punishable by imprisonment for 90 days or a fine of not more than $1,000.00, or both. In place of a sentence provided in this subsection, the court may order that the defendant engage in court supervised recycling-related labor for a number of hours determined by the court, including, but not limited to, oil recycling. A violation of this section by a person, other than an individual, is punishable by a fine of not more than $2,500.00.
(5) This section does not prohibit enforcement actions under other state or federal laws applicable to an activity described in this section.
(6) The department shall establish criteria to be used in designating collection facilities under subsection (1). In developing the criteria, the department shall encourage private and local collection facilities as an integral part of the department's efforts to establish a statewide network of collection facilities as required in section 16705(a).
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-167 - Part 167 Used Oil Recycling (324.16701...324.16705) › Section 324.16705 - Comprehensive Plan.

324.16705 Comprehensive plan.
Sec. 16705.
In addition to the other powers and duties of the department under this part, by January 1, 1991, the department shall develop and submit to the legislature a comprehensive plan that does all of the following:
(a) Provides for a network of private, state, and local collection facilities on a statewide basis by July 1, 1991 to facilitate compliance with section 16704.
(b) Provides for a publicity program to assure that the public is aware of the requirements of section 16704, the location of collection facilities, and the penalties for violating section 16704.
(c) Provides 1 or more proposed funding mechanisms that the department considers feasible to assure that an operational collection facility network is available statewide by July 1, 1991.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16902 - Delivery of Scrap Tire; Limitations; Removal; Scope of Subsection (2); Presumptions.

324.16902 Delivery of scrap tire; limitations; removal; scope of subsection (2); presumptions.
Sec. 16902.
(1) A person shall deliver a scrap tire only to, and only with the consent of the owner or operator of, 1 of the following that is in compliance with this part:
(a) A collection site registered under section 16904.
(b) A location that has legally accumulated scrap tires below the regulatory threshold for qualifying as a collection site as specified in section 16901(d).
(c) A disposal area licensed under part 115.
(d) An end-user.
(e) A scrap tire processor.
(f) A retailer.
(2) A person shall not by contract, agreement, or otherwise arrange for the removal of scrap tires except with 1 of the following:
(a) A scrap tire hauler that is registered pursuant to section 16905 and that by contract, agreement, or otherwise is obligated to deliver the scrap tires to the destination as identified under section 16905(3)(c).
(b) If the scrap tires are a commodity, a person hauling only a commodity.
(c) If the scrap tires are tire casings, a retreader hauling only tire casings.
(d) A solid waste hauler.
(3) Subsection (2) does not do any of the following:
(a) Prohibit a person from transporting his or her scrap tires to a site authorized by subsection (1).
(b) Prohibit a member of a nonprofit service organization who is participating in a community service project from transporting scrap tires to a site authorized by subsection (1).
(c) Prohibit the owner of a farm from transporting scrap tires that originated from his or her farm operation to a site authorized by subsection (1).
(d) Prohibit a solid waste hauler from transporting solid waste to a disposal area licensed under part 115.
(4) The driver of a vehicle used to transport scrap tires is presumed to be responsible for any scrap tires transported, discarded, or disposed of from the vehicle in violation of this section.
(5) In a proceeding for a violation of this section committed using a vehicle, it is presumed that the registered owner of the vehicle at the time of the violation or, if the registered owner is not an individual, the registered owner's agent was the driver of the vehicle at the time of the violation. However, if the vehicle was leased at the time of the violation, it is presumed that the lessee or, if the lessee is not an individual, the lessee's agent was the driver of the vehicle at the time of the violation.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 496, Imd. Eff. July 3, 2002 ;-- Am. 2006, Act 521, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16902a - Repealed. 2002, Act 496, Imd. Eff. July 3, 2002.

324.16902a Repealed. 2002, Act 496, Imd. Eff. July 3, 2002.
Compiler's Notes:
The repealed section pertained to retailer disposal of scrap tires and maintenance of records.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16903a - Fires at Collection Sites; Statewide Response Plan.

324.16903a Fires at collection sites; statewide response plan.
Sec. 16903a.
The department of environmental quality shall prepare and implement a statewide response plan for responding to fires at collection sites.
History:
Add. 1997, Act 17, Imd. Eff. June 11, 1997
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16903b - Bond; Exemptions; Noncompliance; Notice; Compliance With Subsection (1).

324.16903b Bond; exemptions; noncompliance; notice; compliance with subsection (1).
Sec. 16903b.
(1) Subject to subsection (2), the owner and operator of a collection site are exempt from the requirement to obtain a bond under section 16903(4) if all of the following requirements are met:
(a) The owner or operator 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 storage requirements for at least 1 year.
(d) The owner or operator annually certifies compliance with the requirements of this subsection on a form approved by the department.
(2) If the department determines that the owner or operator of a collection site is not in compliance with subsection (1), the department shall deliver to the collection site owner or operator, or both, a notice of noncompliance. If, within 60 days after receipt of that notice, the owner or operator who received the notice does not bring the collection site into compliance with subsection (1), the owner or operator shall comply with section 16903(4). Once an owner or operator is required to obtain a bond under section 16903(4), the bond shall be maintained unless the owner or operator brings the collection site into compliance with subsection (1).
(3) If a scrap tire processor has maintained its collection site in compliance with subsection (1) for 5 years, the scrap tire processor may move its operation to a new collection site location and remains exempt from the requirement to maintain a bond under section 16903(4) as long as the scrap tire processor continues to comply with subsection (1).
History:
Add. 2002, Act 496, Imd. Eff. July 3, 2002 ;-- Am. 2006, Act 523, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16903c - Maintenance Limiting Mosquito Breeding; Requirements; Violation; Penalty; Payment Default.

324.16903c Maintenance limiting mosquito breeding; requirements; violation; penalty; payment default.
Sec. 16903c.
(1) The owner or operator of a collection site shall ensure that tires at a collection site are maintained in a manner that limits the potential of mosquito breeding by complying with 1 or more of the following:
(a) The tires shall be covered by plastic sheets or other impermeable barriers to prevent the accumulation of precipitation.
(b) The tires shall be chemically treated to eliminate mosquito breeding.
(c) The tires shall be baled, shredded, or chipped into pieces no larger than 4 inches by 6 inches and stored in piles that allow complete water drainage.
(2) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $400.00, plus costs.
(3) A default in the payment of a civil fine or costs ordered under this section or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
History:
Add. 2002, Act 496, Imd. Eff. July 3, 2002 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16904 - Owner or Operator of Collection Site or Portable Shredding Operation; Application for Registration; Form; Documentation of Bonding; Compliance With Storage Requirements; Fee.

324.16904 Owner or operator of collection site or portable shredding operation; application for registration; form; documentation of bonding; compliance with storage requirements; fee.
Sec. 16904.
(1) By January 31 of each year, the owner or operator of a collection site or portable shredding operation shall submit an application for registration to the department. If a person who owns or operates a collection site is also a portable shredding operation, the person may submit a single application covering both. The application shall be on a form provided by the department and shall contain the information required by the department. The application for registration of a collection site shall include all of the following:
(a) Documentation that the collection site is bonded for the registration period as required by section 16903(4), if applicable.
(b) The signature of the applicant and, if the applicant is not the owner of the real property, the signature of the owner.
(2) The department shall not register a collection site unless the collection site is in compliance with the storage requirements.
(3) A $200.00 registration fee shall accompany each annual application for registration under this section. The department shall deposit money collected under this subsection into the state treasury to be credited to the fund.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2006, Act 527, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16904a - End User; Exemption.

324.16904a End user; exemption.
Sec. 16904a.
(1) Except as provided in subsection (2), an end-user is exempt from this part for scrap tires stored on the site of the end-user if not less than 75% of the scrap tires, by weight or volume, that are stored on site each calendar year are recycled or used for resource recovery during that year, and the end-user annually certifies his or her compliance with this section on a form approved by the department.
(2) All end-users shall comply with the requirements of section 16906.
History:
Add. 1997, Act 17, Imd. Eff. June 11, 1997 ;-- Am. 2002, Act 496, Imd. Eff. July 3, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16904b - Regulation of Scrap Tires as Solid Waste.

324.16904b Regulation of scrap tires as solid waste.
Sec. 16904b.
Scrap tires that are managed in compliance with this part are exempt from regulation as solid waste under part 115. Scrap tires that are not managed in compliance with this part are regulated as solid waste under part 115 in addition to being regulated under this part.
History:
Add. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16907 - Report to Legislature.

324.16907 Report to legislature.
Sec. 16907.
By January 1, 1996, the department shall report to the legislature on all of the following:
(a) The effectiveness of this part and whether the department recommends any changes in this part.
(b) The volume of tires that are being disposed of in landfills and whether the department recommends banning tires from landfills in the future.
(c) Whether a manifest system to track scrap tires would be useful in the enforcement of this part.
(d) Whether, under certain circumstances, the fund should be used for the cleanup of abandoned scrap tires on land owned by persons other than the state or a municipality or county.
(e) Whether sufficient collection sites are available for the disposal of scrap tires from private individuals.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16908a - Development of Markets for Scrap Tires.

324.16908a Development of markets for scrap tires.
Sec. 16908a.
The department of environmental quality shall assist owners and operators of collection sites and scrap tire processors in this state in developing markets for scrap tires.
History:
Add. 1997, Act 17, Imd. Eff. June 11, 1997
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16908c - Intentional Open Burning of Scrap Tire Prohibited.

324.16908c Intentional open burning of scrap tire prohibited.
Sec. 16908c.
A person shall not intentionally engage in the open burning of a scrap tire.
History:
Add. 2014, Act 543, Imd. Eff. Jan. 15, 2015
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16909 - Violation as Misdemeanor; Penalties; Separate Violations; Issuance of Appearance Ticket; Section Inapplicable to Violation of MCL 324.16903c; False Statement.

324.16909 Violation as misdemeanor; penalties; separate violations; issuance of appearance ticket; section inapplicable to violation of MCL 324.16903c; false statement.
Sec. 16909.
(1) A person who violates this part, if fewer than 50 scrap tires are involved, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $200.00 or more than $500.00, or both, for each violation.
(2) A person who violates this part, if 50 or more scrap tires are involved, is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $10,000.00, or both, for each violation.
(3) A person convicted of a second or subsequent violation of this part is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less than $1,000.00 or more than $25,000.00, or both, for each violation.
(4) In addition to any other penalty provided for in this section, the court may order a person who violates this part to perform not more than 100 hours of community service.
(5) For any violation of this part, each day that a violation continues constitutes a separate violation.
(6) A law enforcement officer may issue an appearance ticket as described and authorized by sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, to a person who violates this part.
(7) This section does not apply to a violation of section 16903c.
(8) A person who knowingly makes or causes to be made a false statement or entry in a registration application, scrap tire transportation record, or grant application under this part is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less than $2,500.00 or more than $10,000.00, or both.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 496, Imd. Eff. July 3, 2002 ;-- Am. 2006, Act 520, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16909a - Investigation or Inspection; Warrantless Search; Seizure of Vehicle or Equipment; Costs.

324.16909a Investigation or inspection; warrantless search; seizure of vehicle or equipment; costs.
Sec. 16909a.
(1) The department may enter at reasonable hours a tire retail establishment, vehicle owned or operated by a scrap tire hauler for the transport of scrap tires, or collection site or other place where scrap tires are or have been present, and may inspect the location or other place for the purposes of enforcing or administering this part. An investigation or inspection under this part shall comply with the United States constitution and the state constitution of 1963.
(2) If the department or a law enforcement officer has probable cause to believe that a person is violating this part, the department or a law enforcement officer may search without a warrant a vehicle or other transportation-related equipment that is possessed, used, or operated by that person.
(3) A vehicle, or other transportation-related equipment used in a criminal violation of this part is subject to seizure by a law enforcement officer and forfeiture in the same manner as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(4) The court may award court costs and other expenses of litigation including attorney fees to a party who successfully brings an action for a violation of this section.
History:
Add. 2006, Act 530, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16910 - Response to Fire or Violation of Part; Action for Recovery of Incurred Costs.

324.16910 Response to fire or violation of part; action for recovery of incurred costs.
Sec. 16910.
A person who incurs costs as a result of a response to a fire or a violation of this part at a collection site may bring an action against the owner or operator of the collection site, in the circuit court in which the collection site is located, to recover the incurred costs.
History:
Add. 1997, Act 17, Imd. Eff. June 11, 1997
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-169 - Part 169 Scrap Tires (324.16901...324.16911) › Section 324.16911 - Reports; Appointment of Scrap Tire Advisory Committee.

324.16911 Reports; appointment of scrap tire advisory committee.
Sec. 16911.
(1) The department shall annually report to the standing committees of the senate and house of representatives with primary responsibility for issues pertaining to natural resources and the environment on the utilization of revenues of the fund.
(2) In 2006 and every third year thereafter, the department shall prepare a report on the effectiveness of this part in encouraging the reuse of scrap tires and ensuring the safe storage of scrap tires. The report shall include recommendations for such changes to this part, including any further description of the uses of money described in section 16908(2)(c), (d), and (e) as the department finds necessary and appropriate. The department shall submit the report to the standing committees of the senate and house of representatives with primary responsibility for issues pertaining to natural resources and the environment.
(3) The director of the department shall appoint a scrap tire advisory committee of individuals interested in the management of scrap tires to advise the department on the implementation of this part. In addition to such other issues as the department may request the committee to consider, the committee shall advise the department on the report required by subsection (2) and the relevance of a national standard or specification under section 16901(1)(f).
History:
Add. 2006, Act 525, Imd. Eff. Dec. 29, 2006 ;-- Am. 2014, Act 543, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17101 - Definitions.

324.17101 Definitions.
Sec. 17101.
As used in this part:
(a) "Alkaline manganese battery" means a dry cell battery containing manganese dioxide and zinc electrodes and an alkaline electrolyte.
(b) "Distributor" means a person who sells batteries to retailers in this state.
(c) "Lead acid battery" means a storage battery, that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid.
(d) "Manufacturer" means a person who produces batteries for sale in this state.
(e) "Mercuric oxide battery" means a dry cell battery that delivers an essentially constant output voltage throughout its useful life by means of a chemical reaction between zinc and mercuric oxide.
(f) "Nickel cadmium battery" means a sealed storage battery that has a nickel anode, a cadmium cathode, and an alkaline electrolyte, that is widely used in cordless appliances.
(g) "Retailer" means a person who sells or offers to sell batteries to consumers within this state.
(h) "Solid waste disposal area" means a disposal area as defined in part 115.
(i) "Zinc carbon battery" means a dry cell battery containing manganese dioxide and zinc electrodes and an electrolyte consisting of ammonium chloride or a zinc chloride solution, or both.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 124, Imd. Eff. June 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-5 - Chapter 5 Recycling and Related Subjects (324.16101...324.17505) › 451-1994-II-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17102 - Disposal of Lead Acid Battery.

324.17102 Disposal of lead acid battery.
Sec. 17102.
(1) A person other than a retailer, distributor, or manufacturer shall not dispose of a lead acid battery except by delivery to 1 of the following:
(a) A retailer.
(b) A distributor.
(c) A manufacturer.
(d) A collection, recycling, or smelting facility approved by the department.
(2) A retailer shall not dispose of used lead acid batteries except by delivery to 1 of the following:
(a) A distributor or his or her authorized agent.
(b) A collection, recycling, or smelting facility approved by the department.
(c) A manufacturer.
(3) A distributor shall dispose of lead acid batteries by delivery to a manufacturer or to a collection, recycling, or smelting facility approved by the department.
(4) A manufacturer shall dispose of lead acid batteries by delivery to a recycling or smelting facility approved by the department.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA