Bill Text: MI HB5910 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Environmental protection; prohibited products; coal tar-based products for pavement; prohibit use and sale of. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 149.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-19 - Printed Bill Filed 09/14/2012 [HB5910 Detail]

Download: Michigan-2011-HB5910-Introduced.html

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HOUSE BILL No. 5910

 

September 13, 2012, Introduced by Rep. Slavens and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding part 149.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 149. COAL TAR PRODUCTS

 

     Sec. 14901. As used in this part:

 

     (a) "Coal tar product" means a product that contains coal tar

 

and is formulated or marketed for application on asphalt, concrete,

 

or other pavement.

 

     (b) "Department" means the department of environmental

 

quality.

 

     (c) "Director" means the director of the department or his or

 

her designee.

 

     Sec. 14903. (1) Except as provided in section 14907, a person

 

shall not apply a coal tar product on asphalt, concrete, or other

 

pavement.

 

     (2) A person who owns property on which a coal tar product is

 

applied in violation of subsection (1) is rebuttably presumed to

 

have applied the coal tar product.

 

     Sec. 14905. (1) A person shall not sell a coal tar product

 

that is formulated or marketed for application on asphalt,

 

concrete, or other pavement, unless the purchaser either provides a

 

copy of an exemption granted under section 14907 or signs a no-

 

Michigan-use form that includes all of the following:

 

     (a) The name, address, and telephone number of the purchaser.

 

     (b) The date of the purchase.

 

     (c) The quantity of coal tar product purchased.

 

     (d) A statement that the coal tar product will not be used

 

within this state.

 

     (e) An affirmation by the purchaser that the information on

 

the form is correct.

 

     (2) A person who sells a coal tar product shall retain the

 

completed no-Michigan-use form or copy of the written exemption

 

required under subsection (1) for not less than 3 years and allow

 

the department to inspect or copy the form or written exemption

 

upon request.

 

     (3) The department shall post on its website a no-Michigan-use

 

form suitable for compliance with subsection (1).

 

     (4) A person shall not sign a no-Michigan-use form required

 

under subsection (1) if the form contains false information.

 

     Sec. 14907. The director may grant a person a written

 

exemption referred to in section 14905(1) if the director

 

determines that 1 or more of the following apply:

 

     (a) The person is researching the effect of a coal tar product

 

on the environment or is developing an alternative technology, and

 

the use of the coal tar product is required for the research or

 

development.

 

     (b) A suitable alternative to the coal tar product is not

 

available for the use intended by the person.

 

     Sec. 14909. A person who violates this part is responsible for

 

a state civil infraction and may be ordered to pay a civil fine of

 

not more than $1,000.00.