November 8, 2007, Introduced by Senators BIRKHOLZ, GARCIA, RICHARDVILLE, PAPPAGEORGE, KAHN, GILBERT, BROWN, GLEASON, JANSEN and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 17309, 17311, 17313,
17315, 17317, and 17319.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17309. (1) Beginning January 1, 2010, a person shall not
recycle household electronic waste unless that person has
registered with the department.
(2) A recycler in violation of subsection (1) is not eligible
for a grant under section 17305(4)(b).
Sec. 17311. (1) A recycler's registration shall be submitted
on a form provided by the department and shall include all of the
following:
(a) The name, address, telephone number, and location of all
recycling facilities under the direct control of the recycler that
may receive household electronic waste.
(b) A certification by the recycler that the recycler
substantially meets the "guidelines for environmentally sound
management of televisions and computer monitors" published by the
Maine department of environmental protection pursuant to 38 Maine
Revised Statute 1610.5(c) as of the effective date of the
amendatory act that added this section. Pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, the department may promulgate rules setting forth different
or additional guidelines for environmentally sound management of
household electronic waste. The department shall post the current
guidelines on its website and provide a copy of the guidelines upon
request without charge.
(2) Submitting a false certificate under subsection (1) is a
violation of this part.
Sec. 17313. The department may promulgate rules to implement
this part pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
Sec. 17315. (1) The department shall enforce this part.
(2) The department may inspect the operations of a recycler to
assess compliance with requirements of this act.
Sec. 17317. (1) A person who violates this part is subject to
a civil fine of not more than $5,000.00 for each violation. Each
day on which a violation occurs represents a separate violation. A
fine shall not be assessed against a retailer under this section
unless the retailer that committed the violation has been issued 3
warnings regarding the violation.
(2) A fine collected under subsection (1) shall be deposited
in the recycling trust fund created in section 17503.
Sec. 17319. Except to the extent otherwise required by law or
provided by contract, a recycler is not liable for the recovery or
use of any data from an information storage device included in
electronic waste.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 897
of the 94th Legislature is enacted into law.