Scrap tires can provide a favorable habitat for mosquito breeding. While more than 9 million scrap tires have been removed from the Michigan landscape through grant funded cleanups and compliance/enforcement effort, an estimated 24-25 million scrap tires remain in stockpiles throughout the state. These scrap tires continue to pose a potential threat to public health through mosquito borne illnesses such as the West Nile Virus. Part 169, Scrap Tires, of the NREPA requires that "The department shall make every effort to assure that all abandoned scrap tires accumulated at collection sites prior to January 1, 1991 are cleaned up or collected by September 31, 2009." This effort is being undertaken using funds deposited in the Scrap Tire Regulatory Fund.

Part 169 provides for mosquito control at scrap tire collection sites. Part 169 was amended in July of 2002 and the mosquito control provisions were amended in a manner that reduced the penalty for complying with these provisions and changed the violation from a criminal violation to a civil violation.

Part 169 states:

"324.16903c Maintenance limiting mosquito breeding; requirements; violation; penalty; payment default.

Sec. 16903c.

(1) the owner or operator of a collection site shall ensure that tires at a collection site are maintained in a manner that limits the potential of mosquito breeding by complying with 1 or more of the following:

    (a) The tires shall be covered by plastic sheets or other impermeable barriers to prevent the accumulation of precipitation.

    (b) The tires shall be chemically treated to eliminate mosquito breeding.

    (c) The tires shall be baled, shredded, or chipped into pieces no larger than 4 inches by 6 inches and stored in piles that allow complete water drainage.

(2) A person who violates this section is responsible for the payment of a civil fine of not more than $400.00.

(3) A default in the payment of a civil fine or costs ordered under this section or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, 1961

PA 236, MCL 600.101 to 600.9948."

While Part 169 does address the issue of mosquito control, this provision is generally only enforceable at legal registered scrap tire collection sites. Many large illegal scrap tires sites have been essentially abandoned by owners/operators that did not have the financial ability to take care of their liability associated with properly cleaning up these scrap tires.

The DEQ is currently considering how Part 169 could be changed to enhance the mosquito control requirements at both registered scrap tire collection sites and illegal/abandoned sites, such as providing that violations of these requirements are state civil infractions and increasing the penalty amounts.

A complete copy of Part 169 is attached in PDF format. Part 169 can also be obtained from our web site at http://www.michigan.gov/deq. You will find grant information, registration forms, copies of Part 169, lists of registered scrap tire haulers and collection sites, District tire staff contacts, and other useful information. You may also contact Rhonda Oyer Zimmerman, Chief of the Solid Waste Management Unit, Waste and Hazardous Materials Division at 517-373-4750, for additional information.

DEQ, Waste and Hazardous Materials Division Information Sheet on Scrap Tires

DEQ Talking Points, Scrap Tire Program