MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Conservation and Water Resources
By: Representative Rogers (14th) (By Request)
AN ACT TO CLARIFY THE IMPORTANCE OF THE REUSE AND RECYCLING OF SCRAP MATERIAL; TO PROVIDE THAT ANY PERSON WHO ARRANGED FOR RECYCLING OR RECYCLABLE MATERIALS OR THE TRANSPORT OF SUCH MATERIALS IN RESPONSE TO DECLARED STATE OF EMERGENCY SHALL BE EXEMPT FROM LIABILITY; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO CREATE RULES AND REGULATIONS FOR THE RECYCLING OF RECYCLABLE MATERIALS AND SCRAP METAL WHEN THE GOVERNOR DECLARES A STATE OF EMERGENCY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The State of Mississippi finds that recycling is important for the following reasons:
(a) To promote the reuse and recycling of scrap material in this state while protecting human health and the environment;
(b) To create greater equity in the statutory treatment of recycled versus virgin materials; and
(c) To remove the disincentives and impediments to recycling.
SECTION 2. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Arranging for recycling of recyclable materials" means transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap rubber other than whole tires shall be deemed to be if the person who arranged for
the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction.
(b) (i) "Recyclable material" means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal, or spent lead-acid, spent nickel-cadmium, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap.
(ii) "Recyclable material" does not include: Shipping containers of a capacity from thirty (30) liters to three thousand (3,000) liters, whether intact or not, having any hazardous substance, but not metal bits and pieces or hazardous substances that form an integral part of the container, contained on or adhering thereto, or any item of material that contained polychlorinated biphenyls at a concentration in excess of fifty (50) parts per million or any new standard promulgated pursuant to applicable federal laws.
(c) "Scrap metal" means bits and pieces of metal parts, bars, turnings, rods, sheets, wire, or metal pieces that may be combined together with bolts or soldering, radiators, scrap automobiles, railroad box cars, which when worn or superfluous can be recycled, except for scrap metals that the Federal Environmental Protection Agency excludes from this definition by regulation. Melting of scrap metal does not include the thermal separation of two (2) or more materials due to differences in their melting points.
SECTION 3. Any person who arranged for recycling or recyclable materials or the transport of such materials during a declared state of emergency shall be exempt from liability.
SECTION 4. The Department of Environmental Quality shall create rules and regulations for the recycling and transport of recyclable materials and scrap metal during a declared state of emergency.
SECTION 5. This act shall take effect and be in force from and after July 1, 2006.