Michigan Laws 324.17317 – Recycling of covered electronic devices; registration form; contents; report of total weight recycled previous state fiscal year; effectiveness of registration; notice of deficiency; fee; deposit
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Terms Used In Michigan Laws 324.17317
- Department: means the department of environmental quality. See Michigan Laws 324.17301
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Recycler: means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices to facilitate recycling or resource recovery techniques. See Michigan Laws 324.17301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Within 30 days after the end of each state fiscal year, a person that engages in the business of recycling covered electronic devices shall register with the department on a form provided by the department. A registration expires 30 days after the end of the state fiscal year in which the registration is required to be filed. A recycler that has not already filed a registration under this part shall submit a registration within 10 business days after the recycler begins to recycle covered electronic devices.
(2) A registration under subsection (1) must include all of the following:
(a) The name, address, telephone number, and location of all recycling facilities that are under the direct control of the recycler, are located in this state, and may receive covered electronic devices.
(b) A certification by the recycler that the recycler substantially meets the requirements of section 17315.
(3) A recycler of covered electronic devices shall report the total weight of covered electronic devices recycled during the previous state fiscal year. The recycler shall keep a written log that records the weight of covered video display devices and the total weight of covered computers delivered to the recycler and identified as such on receipt. The total weight reported in the registration must be based on this log.
(4) A recycler’s registration is effective on receipt by the department if the registration is administratively complete.
(5) If a recycler’s registration does not meet the requirements of this section and any rules promulgated under this part, the department shall notify the recycler of the deficiency. If the recycler fails to correct the deficiency within 60 days after notice is sent by the department, the department may deny or revoke the recycler’s registration, after providing an opportunity for a contested case hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(6) Until October 1, 2027, a recycler’s registration under subsection (1) must be accompanied by an annual fee of $2,000.00.
(7) Revenue from recyclers’ registration fees collected under this section must be deposited in the electronic waste recycling fund created in section 17327.
(8) Submitting a false registration under subsection (1) is a violation of this part.
(9) Not later than October 1, 2011 and every 2 years after that date, the department shall submit a report to the secretary of the senate and to the clerk of the house of representatives that assesses the adequacy of the fees under this section and any departmental recommendation to modify those fees.