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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17103 - Retailer of Lead Acid Batteries; Duties.

324.17103 Retailer of lead acid batteries; duties.
Sec. 17103.
A retailer of lead acid batteries shall do all of the following:
(a) Accept, at or near the point at which lead acid batteries are offered for sale, in a quantity at least equal to the number of new lead acid batteries sold by the retailer, used lead acid batteries from customers, if offered by the customers.
(b) Post a written notice in a location that is readily visible to customers within the retail establishment that is at least 8-1/2 inches by 11 inches in size and contains the universal recycling symbol and contains essentially all of the following:
(i) Recycle your used lead acid batteries.
(ii) It is illegal to discard a lead acid battery except by delivery to a retailer, a distributor, a manufacturer, or a collection, recycling, or smelting facility approved by the department.
(iii) State law requires retailers to accept used lead acid batteries upon the purchase or within 30 calendar days of the purchase of a lead acid battery.
(c) The format, design, and wording of the notice described in this section shall be provided to retailers of lead acid batteries by the department.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 124, Imd. Eff. June 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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17104 - Notices; Failure to Post; Default in Payment of Civil Fine.

324.17104 Notices; failure to post; default in payment of civil fine.
Sec. 17104.
(1) The department shall produce, print, and make available to retailers notices required by section 17103.
(2) A retailer who fails to post a notice required by this part following warning by the department is subject to a civil fine of $25.00 per day of violation.
(3) 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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17105 - Acceptance of Lead Acid Batteries by Distributor; Quantity; Removal From Point of Collection.

324.17105 Acceptance of lead acid batteries by distributor; quantity; removal from point of collection.
Sec. 17105.
(1) A distributor shall accept used lead acid batteries from retailers in a quantity at least equal to the number of new lead acid batteries sold by the distributor.
(2) A distributor accepting lead acid batteries from a retailer as required under this section shall remove the lead acid batteries from the point of collection within 90 days of receiving the batteries.
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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17105a - Batteries Containing Intentionally Introduced Mercury; Sales or Offers Prohibited.

324.17105a Batteries containing intentionally introduced mercury; sales or offers prohibited.
Sec. 17105a.
(1) Except for alkaline manganese button cell batteries that have a mercury content of 25 milligrams or less, a person shall not sell, offer for sale, or offer for promotional purposes an alkaline manganese battery manufactured on or after January 1, 1996 that contains intentionally introduced mercury.
(2) A person shall not sell, offer for sale, or offer for promotional purposes a zinc carbon battery manufactured on or after January 1, 1996 that contains intentionally introduced mercury.
History:
Add. 1995, Act 124, Imd. Eff. June 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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17105b - Button Cell Mercuric Oxide Battery or Mercuric Oxide Battery; Sales or Offers.

324.17105b Button cell mercuric oxide battery or mercuric oxide battery; sales or offers.
Sec. 17105b.
(1) Beginning on January 1, 1996, a person shall not sell, offer for sale, or offer for promotional purposes a button cell mercuric oxide battery for use in this state.
(2) Beginning on January 1, 1996, a person shall not sell, offer for sale, or offer for promotional purposes a mercuric oxide battery for use in this state unless the manufacturer does all of the following:
(a) Identifies a collection site that has all required government approvals, to which a person may send used mercuric oxide batteries for recycling or proper disposal after mercury is recovered from the battery.
(b) Informs each of its purchasers of mercuric oxide batteries of the collection site identified under subdivision (a).
(c) Informs each of its purchasers of mercuric oxide batteries of a telephone number that the purchaser may call to get information about returning mercuric oxide batteries for recycling or proper disposal.
(3) Subsection (2) does not apply to mercuric oxide button cell batteries.
History:
Add. 1995, Act 124, Imd. Eff. June 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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17105c - Nickel Cadmium Batteries; Voluntary Collection Program.

324.17105c Nickel cadmium batteries; voluntary collection program.
Sec. 17105c.
A manufacturer that participates in a voluntary collection program for nickel cadmium batteries in this state shall provide to retailers of nickel cadmium batteries that participate in the voluntary collection program a written notice to be displayed on a voluntary basis informing consumers that nickel cadmium batteries, whether sold separately or in rechargeable products, must be recycled or disposed of properly.
History:
Add. 1995, Act 124, Imd. Eff. June 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-5-171 - Part 171 Battery Disposal (324.17101...324.17107) › Section 324.17106, 324.17106a - Repealed. 1995, Act 124, Imd. Eff. June 30, 1995.

324.17106, 324.17106a Repealed. 1995, Act 124, Imd. Eff. June 30, 1995.
Compiler's Notes:
The repealed sections pertained to exchange or purchase of lead acid, nickel cadmium, or mercury batteries.
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 324.17107 - Enforcement; Violation as Misdemeanor; Penalties.

324.17107 Enforcement; violation as misdemeanor; penalties.
Sec. 17107.
(1) The department shall enforce this part.
(2) A person other than a retailer, distributor, or manufacturer who knowingly disposes of lead acid batteries or mercuric oxide batteries in violation of this part is guilty of a misdemeanor punishable by a fine of not more than $25.00, plus the costs of prosecution. Each battery that is unlawfully disposed of is a separate violation.
(3) Except as otherwise provided in this part, a retailer, manufacturer, or distributor who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 60 days or a fine of not more than $1,000.00, or both, plus the costs of prosecution.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 124, Imd. Eff. June 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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17201 - Definitions.

324.17201 Definitions.
Sec. 17201.
As used in this part:
(a) "Appliance" means a refrigerator, dehumidifier, freezer, oven, range, microwave oven, washer, dryer, dishwasher, trash compactor, window room air conditioner, television, or computer. Appliance does not include a home heating or central air-conditioning system.
(b) "Manufacturer" means a person that produces, imports, or distributes mercury thermometers in this state.
(c) "Mercury fever thermometer" means a mercury thermometer used for measuring body temperature.
(d) "Mercury thermometer" means a product or component, other than a dry cell battery, of a product used for measuring temperature that contains mercury or a mercury compound intentionally added to the product or component. Mercury thermometer does not include a product or component of a product that is used as a replacement for an existing thermometer that measures temperature as part of a manufacturing process.
(e) "Thermostat" means a consumer product that uses a switch that contains mercury or a mercury compound to sense and control room temperature, including room temperature in residential, commercial, industrial, and other buildings, by communicating with heating, ventilating, or air-conditioning equipment. Thermostat does not include a product used to control temperature as part of a manufacturing device.
History:
Add. 2002, Act 578, Imd. Eff. Oct. 3, 2002 ;-- Am. 2006, Act 494, Imd. Eff. Dec. 29, 2006
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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17202 - Mercury Thermometer; Sale, Offer for Sale, or Offer for Promotional Purposes.

324.17202 Mercury thermometer; sale, offer for sale, or offer for promotional purposes.
Sec. 17202.
(1) Except as provided in subsection (2), beginning on January 1, 2003, a person shall not sell, offer for sale, or offer for promotional purposes a mercury thermometer in this state or for use in this state. This subsection does not apply if the mercury thermometer is sold or offered for either of the following:
(a) A use for which a mercury thermometer is required by state or federal statute, regulation, or administrative rule.
(b) Pharmaceutical research purposes.
(2) Beginning on January 1, 2003, a person shall not sell, offer for sale, or offer for promotional purposes a mercury fever thermometer in this state or for use in this state, except by prescription. A manufacturer of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with each mercury fever thermometer sold by prescription.
History:
Add. 2002, Act 578, Imd. Eff. Oct. 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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17203 - Enforcement; Violation as Misdemeanor; Penalty.

324.17203 Enforcement; violation as misdemeanor; penalty.
Sec. 17203.
(1) The department of environmental quality shall enforce this part.
(2) A person who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 60 days or a fine of not more than $1,000.00, or both, plus the costs of prosecution.
History:
Add. 2002, Act 578, Imd. Eff. Oct. 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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17204 - Sale of Blood Pressure Device Containing Mercury; Prohibitions; Exceptions.

324.17204 Sale of blood pressure device containing mercury; prohibitions; exceptions.
Sec. 17204.
(1) Beginning January 1, 2008, a person shall not sell, offer for sale, or offer for promotional purposes in this state or for use in this state a blood pressure recording, measuring, or monitoring device that contains mercury or a mercury compound intentionally added to the device.
(2) Except as provided in subsection (3), beginning January 1, 2009, a person shall not use a device described in subsection (1) in this state.
(3) Subsection (2) does not apply to a blood pressure recording, measuring, or monitoring device that contains mercury or a mercury-added compound if all of the following requirements are met:
(a) The blood pressure recording, measuring, or monitoring device was purchased prior to the date of enactment of the amendatory act that added this section.
(b) The blood pressure recording, measuring, or monitoring device is used exclusively in a private residence or is used exclusively in a health care facility for the purpose of calibrating blood pressure recording, measuring, or monitoring devices that do not contain mercury or a mercury-added compound and is kept in a locked area within that health care facility that is inaccessible to the general public.
History:
Add. 2006, Act 493, Imd. Eff. Dec. 29, 2006
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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17205 - Thermostat Containing Mercury or Mercury Compound; Sale or Distribution Prohibited; Exception.

324.17205 Thermostat containing mercury or mercury compound; sale or distribution prohibited; exception.
Sec. 17205.
(1) Beginning January 1, 2009, a person shall not sell, offer for sale, or distribute in this state or for use in this state a thermostat for use in regulating room temperature and that contains mercury or a mercury compound.
(2) This section does not apply to a thermostat if the thermostat is a replacement for an existing thermostat containing mercury or a mercury compound that is a component of an appliance.
History:
Add. 2006, Act 492, Imd. Eff. Dec. 29, 2006
Compiler's Notes:
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-5-172. - Part 172. Mercury-Added Products (324.17201...324.17206) › Section 324.17206 - Esophageal Dilator, Bougie Tube, or Gastrointestinal Tube With Mercury or Mercury Compound Added; Sale, Offer for Sale, or Distribution Prohibited; Exceptions.

324.17206 Esophageal dilator, bougie tube, or gastrointestinal tube with mercury or mercury compound added; sale, offer for sale, or distribution prohibited; exceptions.
Sec. 17206.
(1) Except as provided in subsection (2), beginning January 1, 2009, a person shall not sell, offer for sale, or distribute in this state an esophageal dilator, bougie tube, or gastrointestinal tube if mercury or a mercury compound was added to the product during its manufacture.
(2) This section does not apply to either of the following:
(a) A product the use of which is required by a federal statute or regulation.
(b) A product whose only mercury-containing component is a button cell battery.
History:
Add. 2006, Act 494, Imd. Eff. Dec. 29, 2006
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17305 - Sale or Offer of Sale of New Covered Electronic Device; Manufacturer; Requirements.

324.17305 Sale or offer of sale of new covered electronic device; manufacturer; requirements.
Sec. 17305.
Beginning April 1, 2010, a manufacturer shall not sell or offer for sale to any person in this state a new covered electronic device, whether through sales outlets, catalogs, mail order, the internet, or any other means, unless all of the following requirements are met:
(a) The covered electronic device is labeled with the manufacturer's name or brand label, owned by or, in the case of a video display device, licensed for use by the manufacturer.
(b) The manufacturer's name appears on the applicable registration list maintained by the department under section 17303.
(c) If the covered electronic device is a covered computer, the manufacturer has a computer takeback program as described in section 17309.
(d) If the covered electronic device is a covered video display device, the manufacturer has a video display device takeback program as described in section 17311.
History:
Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17307 - Sale or Offer of Sale of New Covered Electronic Device; Retailer; Appearance of Manufacturer on Registration List.

324.17307 Sale or offer of sale of new covered electronic device; retailer; appearance of manufacturer on registration list.
Sec. 17307.
A retailer shall not sell or offer for sale to any person in this state a new covered electronic device from a manufacturer, purchased by the retailer on or after April 1, 2010 unless the manufacturer appears on the applicable registration list under section 17303.
History:
Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17309 - Computer Takeback Program.

324.17309 Computer takeback program.
Sec. 17309.
(1) Beginning April 1, 2010, each manufacturer of covered computers shall implement a computer takeback program that meets all of the following criteria:
(a) The manufacturer of a covered computer that has reached the end of its useful life for the consumer or the manufacturer's designee accepts from the consumer the covered computer. This part shall not be construed to impair the obligation of a contract under which a person agrees to conduct a computer takeback program on behalf of a manufacturer.
(b) A consumer is not required to pay a separate fee when the consumer returns the covered computer to the manufacturer of that covered computer or the manufacturer's designee.
(c) The collection of covered computers is reasonably convenient and available to and otherwise designed to meet the needs of consumers in this state. Examples of collection methods that alone or combined meet the convenience requirements of this subdivision include systems for a consumer to return a covered computer by 1 or more of the following means:
(i) Mail or common carrier shipper.
(ii) Deposit at a local physical collection site that is kept open and staffed on a continuing basis.
(iii) Deposit during periodic local collection events.
(iv) Deposit with a retailer.
(d) The manufacturer of a covered computer provides a consumer information on how and where to return the covered computer, including, but not limited to, collection, recycling, and reuse information on the manufacturer's publicly available website. The manufacturer may also include collection, recycling, and reuse information in the packaging for or in other materials that accompany the manufacturer's covered computers when the covered computers are sold or provide that information via a toll-free telephone number.
(e) The manufacturer recycles or arranges for the recycling of any covered computers collected under subdivision (a).
(2) A manufacturer's computer takeback program is not required to accept more than 7 covered computers from a single consumer on a single day.
(3) A manufacturer may conduct a computer takeback program alone or in conjunction with other manufacturers. A manufacturer may arrange for the collection and recycling of covered computers by another person to fulfill the manufacturer's obligations under this section.
History:
Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17311 - Video Display Device Takeback Program.

324.17311 Video display device takeback program.
Sec. 17311.
(1) Beginning April 1, 2010, each manufacturer of covered video display devices shall implement a video display device takeback program that meets all of the following criteria:
(a) A manufacturer or the manufacturer's designee accepts from a consumer any covered video display device that has reached the end of its useful life for the consumer, regardless of the type or brand of covered video display device.
(b) A consumer is not required to pay a separate fee when the consumer returns a covered video display device through the takeback program of any manufacturer of any covered video display device.
(c) The requirements of section 17309(1)(c), as applied to covered video display devices.
(d) The manufacturer provides a consumer information on how and where to return a covered video display device, including, but not limited to, collection, recycling, and reuse information on the manufacturer's publicly available website. The manufacturer may also include collection, recycling, and reuse information in the packaging for or in other materials that accompany the manufacturer's covered video display devices when the covered video display devices are sold or provide that information via a toll-free telephone number.
(e) The manufacturer recycles or arranges for the recycling of any covered video display device collected under subdivision (a). As a nonbinding target, each manufacturer required to conduct a video display device takeback program should annually recycle 60% of the total weight of covered video display devices sold by the manufacturer in this state during the prior state fiscal year. Sales data under this subdivision are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the department unless required by court order.
(2) A manufacturer's video display device takeback program is not required to accept more than 7 covered video display devices from a single consumer on a single day.
(3) A manufacturer may conduct a video display device takeback program alone or in conjunction with other manufacturers. A manufacturer may arrange for the collection and recycling of covered video display devices by another person to fulfill the manufacturer's obligations under this section.
History:
Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17315 - Recycling of Covered Electronic Devices; Manner; Rules.

324.17315 Recycling of covered electronic devices; manner; rules.
Sec. 17315.
(1) Covered electronic devices collected under this part shall be recycled in a manner that complies with federal and state laws, including rules promulgated by the department, and local ordinances.
(2) Any rules promulgated by the department under section 17321 regulating the recycling of covered electronic devices collected under this part shall be consistent with both of the following:
(a) The United States environmental protection agency's "Plug-in to eCycling Guidelines for Materials Management", as in effect on the effective date of the amendatory act that added this section.
(b) The institute of scrap recycling industries, inc. publication "Electronics Recycling Operating Practices", dated April 25, 2006.
History:
Add. 2008, Act 392, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17319 - Requirements.

324.17319 Requirements.
Sec. 17319.
A recycler shall comply with all of the following:
(a) Employ industry-accepted procedures substantially equivalent to those specified by the United States department of defense for the destruction or sanitization of data on hard drives and other data storage devices.
(b) Maintain a documented environmental, health, and safety management system that may be audited and is compliant with or equivalent to ISO 14001.
(c) Maintain records identifying all persons to whom the recycler provided electronic devices or materials derived from electronic devices for the purpose of conducting additional recycling and the weight and volume of material provided to each of those persons.
(d) Not use state or federal prison labor to process covered electronic devices or transact with a third party that uses or subcontracts for the use of prison labor.
History:
Add. 2008, Act 395, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17321 - Rules for Purposes of MCL 324.17303 and 324.17315.

324.17321 Rules for purposes of MCL 324.17303 and 324.17315.
Sec. 17321.
After April 1, 2012, the department, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may promulgate rules for the purposes of sections 17303 and 17315.
History:
Add. 2008, Act 392, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17323 - Management of Covered Electronic Devices Not Considered Disposal.

324.17323 Management of covered electronic devices not considered disposal.
Sec. 17323.
Management of covered electronic devices consistent with this part is not considered disposal for purposes of section 11538(6).
History:
Add. 2008, Act 395, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17325 - Recycler of Covered Electronic Devices; Inspection of Operations.

324.17325 Recycler of covered electronic devices; inspection of operations.
Sec. 17325.
(1) The department shall administer and enforce this part to the extent that funds are appropriated for that purpose.
(2) The department may inspect the operations of a recycler of covered electronic devices to assess compliance with requirements of this part.
History:
Add. 2008, Act 393, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17327 - Electronic Waste Recycling Fund; Creation; Deposit of Money or Assets; Investment; Money at Close of Fiscal Year; Administrator of Fund; Expenditures.

324.17327 Electronic waste recycling fund; creation; deposit of money or assets; investment; money at close of fiscal year; administrator of fund; expenditures.
Sec. 17327.
(1) The electronic waste recycling fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department of environmental quality shall be the administrator of the fund for auditing purposes.
(5) Money from the fund shall be expended, upon appropriation, for the administrative expenses of the department in implementing this part.
History:
Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17329 - Violation; Penalty; Suspension or Revocation of Registration; Deposit of Fine in Electronic Waste Recycling Fund.

324.17329 Violation; penalty; suspension or revocation of registration; deposit of fine in electronic waste recycling fund.
Sec. 17329.
(1) A person who violates this part may be ordered to pay a civil fine of not more than $500.00 for the first violation or not more than $2,500.00 for a second or subsequent violation.
(2) A person who knowingly violates this part or who knowingly submits false information to the department under this part is guilty of a misdemeanor punishable by a fine of not more than $5,000.00. Each day on which a violation described in this subsection occurs represents a separate violation.
(3) After a contested case hearing, the department may suspend or revoke the registration of a recycler that violates this part a third or subsequent time. The department shall provide notice of the suspension or revocation on its website.
(4) A civil fine collected under this section shall be deposited in the electronic waste recycling fund created in section 17327.
History:
Add. 2008, Act 393, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17331 - Loss or Use of Data; Liability.

324.17331 Loss or use of data; liability.
Sec. 17331.
(1) Except to the extent otherwise provided by contract, a manufacturer, retailer, collector, or, subject to subsection (2), recycler is not liable for the loss or use of data or other information from an information storage device of a covered electronic device collected or recycled under this part.
(2) The exemption from liability for the use of data or other information under subsection (1) applies to a recycler only if the recycler complies with section 17319(a).
History:
Add. 2008, Act 395, Imd. Eff. Dec. 29, 2008
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-5-173 - Part 173 Electronics (324.17301...324.17333) › Section 324.17333 - Report.

324.17333 Report.
Sec. 17333.
If federal law establishes a national program for the collection and recycling of computer equipment, the department shall, within 90 days, submit a report to the standing committees of the senate and house of representatives with primary responsibility for recycling and solid waste issues. The report shall describe the federal program, discuss whether provisions of this part have been preempted, and recommend whether this part should be amended or repealed.
History:
Add. 2008, Act 392, Imd. Eff. Dec. 29, 2008
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-5-175 - Part 175 Recycling Reporting (324.17501...324.17505) › Section 324.17502 - Recycling Establishment; Registration; Requirements.

324.17502 Recycling establishment; registration; requirements.
Sec. 17502.
A recycling establishment shall annually register with the department on a form provided by the department and containing the recycling establishment's name, location, postal mailing address, electronic mail address, and telephone number and the name of the recycling establishment's contact person. The recycling establishment shall register each year by July 1. However, a recycling establishment established after the effective date of this section and after June 1 but not after December 1 shall first register not later than 30 days after it is established.
History:
Add. 2016, Act 55, Eff. June 27, 2016
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-5-175 - Part 175 Recycling Reporting (324.17501...324.17505) › Section 324.17503 - Recycling Establishment; Report.

324.17503 Recycling establishment; report.
Sec. 17503.
(1) A recycling establishment in this state shall report to the department the amount of each category of reportable recyclable material received by and the amount shipped from the recycling establishment. For each state fiscal year, the recycling establishment shall, at its option, submit either an annual report or 4 quarterly reports. All of the following apply:
(a) If the recycling establishment opts to submit an annual report covering the October 1 to September 30 state fiscal year, the report shall be submitted by the following November 15.
(b) If the recycling establishment opts to submit quarterly reports, the reports shall be submitted by the following dates:
(i) For the October 1 to December 31 quarter, by the following February 15.
(ii) For the January 1 to March 31 quarter, by the following May 15.
(iii) For the April 1 to June 30 quarter, by the following August 15.
(iv) For the July 1 to September 30 quarter, by the following November 15.
(c) A report shall specify quantities of reportable recyclable materials in tons. Quantities may be determined using a volume-to-weight conversion formula provided by the department.
(d) A report may provide only aggregate quantities for multiple recycling establishments if the report identifies each recycling establishment covered by the report.
(e) A report shall be submitted in the manner provided by the department.
(f) A report shall comply with any reporting guidelines established by the department to ensure that reportable recyclable materials are not counted more than once.
(g) A report is not required to cover recycling establishment activities occurring before October 1, 2016.
(2) A person that is not a recycling establishment may voluntarily submit reports under this section.
History:
Add. 2016, Act 55, Eff. June 27, 2016
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-5-175 - Part 175 Recycling Reporting (324.17501...324.17505) › Section 324.17504 - Information; Confidentiality; Exemption From Disclosure.

324.17504 Information; confidentiality; exemption from disclosure.
Sec. 17504.
(1) Except as provided in subsection (2), information contained in a report from a recycling establishment under this part is confidential, shall not be disclosed by the department, and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The department may aggregate data contained within reports submitted from recycling establishments under this part for the purpose of determining statewide quantities of reportable recyclable materials that were recycled. Subsection (1) does not apply to this aggregated data but does apply to information identifying a recycling establishment.
History:
Add. 2016, Act 55, Eff. June 27, 2016
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-5-175 - Part 175 Recycling Reporting (324.17501...324.17505) › Section 324.17505 - Website; Posting; Report to Legislature.

324.17505 Website; posting; report to legislature.
Sec. 17505.
(1) The department shall annually post on its website all of the following:
(a) The aggregated amount of reportable recyclable materials by category listed in section 17501(g) that were recycled during the preceding state fiscal year.
(b) The total aggregated amount of reportable recyclable materials that were recycled during the preceding state fiscal year.
(2) By January 31, 2018 and each year thereafter, the department, after consultation with interested parties, shall submit to the legislature a report on this part, including information posted under subsection (1) and any recommendations for amendments to this part.
History:
Add. 2016, Act 55, Eff. June 27, 2016
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-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19101 - Meanings of Words and Phrases.

324.19101 Meanings of words and phrases.
Sec. 19101.
For purposes of this part, the words and phrases defined in sections 19102 and 19103 have the meanings ascribed to them in those sections.
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-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19102 - Definitions; a to N.

324.19102 Definitions; A to N.
Sec. 19102.
(1) "Approved solid waste management plan" means a solid waste management plan submitted and approved under part 115.
(2) "Capital costs" means those allowable costs, as determined by the department, of constructing or equipping, or both, a solid waste transfer facility, a recycling project, or a composting project.
(3) "Composting project" means a project in which yard wastes, including leaves and grass clippings, are converted into humus through natural biological processes.
(4) "Disposal area" means disposal area as defined in part 115.
(5) "Fund" means the clean Michigan fund created in section 19104.
(6) "Municipality" means a county, city, village, township, or an agency of a county, city, village, or township; an authority or any other public body created by or pursuant to state law; or this state or an agency or department of this state.
(7) "Nonprofit private entity" means a private entity that carries out any lawful purpose or purposes not involving pecuniary profit or gain for its directors, officers, shareholders, or members.
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-6 - Chapter 6 Environmental Funding (324.19101...324.19708) › 451-1994-II-6-191 - Part 191 Clean Michigan Fund (324.19101...324.19121) › Section 324.19103 - Definitions; P to W.

324.19103 Definitions; P to W.
Sec. 19103.
(1) "Private entity" means an individual, trust, firm, joint stock company, corporation, or association that is not a local unit of government.
(2) "Recycling project" means a project in which materials that otherwise would become solid waste are collected, separated, or processed and returned for conversion into raw materials or products.
(3) "Resource recovery" means the processing or collecting of solid wastes so as to produce materials or energy that may be used in manufacturing, agriculture, heat production, or other productive processes or purposes designed to reuse materials or products or to conserve natural resources.
(4) "Site separated material" means glass, metals, wood, paper products, plastics, rubber, textiles, or any other material approved by the department that is separated from solid waste for conversion into raw materials or new products.
(5) "Solid waste" means solid waste as defined in part 115.
(6) "Solid waste transfer facility" means a solid waste transfer facility as defined in part 115.
(7) "Source separated material" means glass, metals, wood, paper products, plastics, rubber, textiles, or any other material approved by the department that is separated at the source of generation for conversion into raw material or new products.
(8) "Waste-to-energy" means a process that is specifically designed to recover energy through the combustion or volume reduction of solid waste.
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