HB-4207, As Passed Senate, April 17, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4207
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 5512 and 11522 (MCL 324.5512 and 324.11522);
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5512. (1) The department shall promulgate rules for
purposes of doing all of the following:
(a) Controlling or prohibiting air pollution.
(b) Complying with the clean air act.
(c) Controlling any mode of transportation that is capable of
causing or contributing to air pollution.
(d) Reviewing proposed locations of stationary emission
(e) Reviewing modifications of existing emission sources.
(f) Prohibiting locations or modifications of emission sources
that impair the state's ability to meet federal ambient air quality
(g) Establishing suitable emission standards consistent with
ambient air quality standards
by the federal government
and factors including, but not
limited to, conditions of
the terrain, wind velocities and directions, land usage of the
region, and the anticipated characteristics and quantities of
potential air pollution sources. This part does not prohibit the
department from denying or revoking a permit to operate a source,
`process, or process equipment that would adversely affect human
health or other conditions important to the life of the community.
(h) Implementing sections 5505 and 5506.
(2) Unless otherwise provided in this part, each rule, permit,
or administrative order promulgated or issued under this part prior
to November 13, 1993 shall remain in effect according to its terms
unless the rule or order is inconsistent with this part or is
revised, amended, or repealed.
(3) Section 11522 applies to open burning.
Beginning on March 28, 1995, the The open
of grass clippings or leaves
, or both, is
any municipality having a population of 7,500 or more, unless
specifically authorized by local ordinance, which ordinance shall
be reported to the department of natural resources within 30 days
This section Subsection
(1) does not allow permit a
open burning of grass clippings
, or both, by
an ordinance that would otherwise be
prohibited under part 55 or rules promulgated under that part.
(3) Beginning 180 days after the effective date of the
amendatory act that added this subsection, a person shall not
conduct open burning of household waste that contains plastic,
rubber, foam, chemically treated wood, textiles, electronics,
chemicals, or hazardous materials.
(4) Sections 11546 and 11549 do not apply to an individual who
violates subsection (3) by open burning of waste from that
individual's household. Such an individual is responsible for a
state civil infraction and is subject to the following:
(a) For a first offense within a 3-year period, a warning by
the judge or magistrate.
(b) For a second offense within a 3-year period, a civil fine
of not more than $75.00.
(c) For a third offense within a 3-year period, a civil fine
of not more than $150.00.
(d) For a fourth or subsequent offense within a 3-year period,
a civil fine of not more than $300.00.
(5) Notwithstanding section 5512, the department shall not
promulgate or enforce a rule that extends the prohibition under
subsection (3) to materials not listed in subsection (3).
(6) This part, part 55, or rules promulgated under this part
or part 55 do not prohibit a person from conducting open burning of
wooden fruit or vegetable storage bins constructed from untreated
lumber if all of the following requirements are met:
(a) The burning is conducted for disease or pest control.
(b) The burning is not conducted at any of the following
(i) Within a priority I area as listed in table 33 or a
priority II area as listed in table 34 of R 336.1310 of the
Michigan administrative code.
(ii) In a city or village.
(iii) Within 1,400 feet outside the boundary of a city or
(7) Subsections (5) and (6) do not authorize open burning that
is prohibited by a local ordinance.
(8) A congressionally chartered patriotic organization that
disposes of an unserviceable flag of the United States by burning
that flag is not subject to regulation or penalty for violating a
state law or local ordinance pertaining to open burning of
materials or substances.
Enacting section 1. Section 5514 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.5514, is