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ACT NO. 63


Litter Enforcement; Mercury; Bottled Water; Municipal Recycling Centers

This act amends the state's littering and illegal dumping statute so that a violator of its provisions commits a civil violation that may be enforced by a specified summons and complaint process and a hearing before the judicial bureau. It allows a range of persons to issue a littering or illegal dumping complaint, to include a municipal attorney, a solid waste management district attorney, and a designee of the legislative body of the municipality. It amends existing law so that a motor vehicle operator's license may be suspended and a hunting and fishing license revoked only if the littering or dumping violator fails to pay the penalty.

The act amends the state's bottled water law to repeal provisions that require the water to be labeled to show the amounts of arsenic, lead, sodium, and nitrates it contains, together with the amounts of any other chemicals, minerals, or contaminants as required by the Secretary of Natural Resources. It also repeals provisions that require the label to indicate that further information about the water is available from the agency.

The act amends the state's mercury-added products labeling law to postpone until March 1, 2000 the effective date of the requirement that specified mercury-added products sold at retail in the state be labeled in a specified way. It requires that each manufacturer required to label, by October 1, 1999, shall certify to the agency of natural resources that it has developed a labeling plan that complies with the law and that labeling shall be implemented for products manufactured after March 1, 2000. The act requires the labeling plan to include detailed descriptions of the products and their labels, and requires the plan to be submitted to the agency with the certification.

The act repeals provisions of law that limit a municipality's power to exercise control over solid waste to be recycled, if that control would adversely affect a private recycling center that pre-existed the municipal operation. It expands the applicability of a definition of the word "recycling" to assure the term does not include processing solid waste to produce energy or fuel products.

Effective Date: July 1, 1999