CHAPTER 17.7. MERCURY SWITCHES IN END OF LIFE VEHICLES
IC 13-20-17.7
Chapter 17.7. Mercury Switches in End of Life Vehicles
IC 13-20-17.7-0.5
Goal of mercury switch removal program; implementation meetsnational standards
Sec. 0.5. (a) The goal of the program established under thischapter is to remove at least eighty percent (80%) of all mercuryswitches from end of life vehicles processed in Indiana by motorvehicle recyclers.
(b) Implementing the program established under this chapteraddresses the mercury national emission standards for hazardous airpollutants for facilities using recycled steel.
As added by P.L.114-2008, SEC.19.
IC 13-20-17.7-1
Development of mercury switch plan
Sec. 1. (a) Except as provided in subsection (b), motor vehiclemanufacturers engaged on July 1, 2006, in the business of offeringmotor vehicles for sale in Indiana shall, individually or collectively:
(1) develop a plan to:
(A) remove;
(B) collect;
(C) recover; and
(D) recycle or dispose of;
mercury switches from end of life vehicles;
(2) submit the plan to the commissioner before October 1, 2006;and
(3) implement the plan as required under section 4(b) of thischapter.
(b) Subsection (a) does not apply to a motor vehicle manufacturerthat has never installed mercury switches in the manufacturer's motorvehicles.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-2
Information to be included in plan; annual report by thedepartment
Sec. 2. (a) A plan described in section 1 of this chapter mustinclude the following:
(1) An education program concerning the purposes of themercury switch collection program and how to participate in theprogram, including the following:
(A) Educational materials about the program.
(B) Information identifying which end of life vehicles mightcontain mercury switches by make, model, and year ofmanufacture.
(C) Instructions on safe and environmentally sound methodsto remove mercury switches.
(2) The provision of containers for collecting and storing
mercury switches.
(3) Procedures for the transportation of mercury switches torecycling, storage, or disposal facilities.
(4) Procedures for the recycling, storage, and disposal ofmercury.
(5) Procedures to track the progress of the program, includinga description of performance measures to be used and reportedto demonstrate that the program is meeting measures of theeffectiveness of the program, including the following:
(A) The number of mercury switches collected from end oflife vehicles.
(B) The amount of mercury collected.
(6) Procedures for implementing the plan.
(b) The department shall:
(1) prepare an annual report that includes the informationtracked under subsection (a)(5); and
(2) provide the report to:
(A) the legislative council in an electronic format underIC 5-14-6; and
(B) the environmental quality service council.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-3
Costs to be paid by motor vehicle manufacturers
Sec. 3. Motor vehicle manufacturers that submit plans,individually or collectively, under this chapter shall pay thefollowing costs incurred for implementing the plans:
(1) Educational materials.
(2) Training.
(3) Packaging for transporting mercury switches to recycling,storage, or disposal facilities.
(4) Shipping of mercury switches to recycling, storage, ordisposal facilities.
(5) Recycling, storage, or disposal of mercury switches.
(6) Maintenance of all appropriate systems and procedures toprotect the environment from mercury contamination.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-4
Procedure for approval of mercury switch plan; review andmodifications
Sec. 4. (a) The commissioner shall do the following:
(1) Not more than thirty (30) days after receiving a plandeveloped by a motor vehicle manufacturer or a group of motorvehicle manufacturers under section 1 of this chapter, issue apublic notice of a period of at least thirty (30) days duringwhich the public may submit written comments on the plan tothe commissioner.
(2) Not more than one hundred twenty (120) days afterreceiving a plan, determine whether the entire plan complies
with this chapter and:
(A) if the entire plan complies with this chapter, approve theplan in its entirety;
(B) if no part of the plan complies with this chapter, rejectthe plan in its entirety; or
(C) if only part of the plan complies with this chapter,approve that part and reject the rest of the plan.
(b) If a plan is approved in its entirety under subsection (a)(2)(A),the motor vehicle manufacturers shall begin implementing the plannot more than thirty (30) days after the date the plan is approved. Ifan entire plan is rejected under subsection (a)(2)(B), thecommissioner shall inform the motor vehicle manufacturers why theplan was rejected, and the manufacturers shall submit a new plan notmore than thirty (30) days after the commissioner informs themanufacturers that the entire plan was rejected. If a plan is approvedin part and rejected in part under subsection (a)(2)(C), themanufacturers shall immediately implement the approved part of theplan and submit a revision of the rejected part of the plan not morethan thirty (30) days after the commissioner informs themanufacturers of the commissioner's partial approval. Thecommissioner shall make a determination on a revised plan not morethan thirty (30) days after receiving the revised plan.
(c) Not more than two hundred forty (240) days after receiving aplan developed by motor vehicle manufacturers under section 1 ofthis chapter, the commissioner shall complete, on behalf of themanufacturer, any part of the plan that has not yet been approved.
(d) After a plan has been approved under this section, thecommissioner shall:
(1) review the plan three (3) years after the original date ofapproval of the plan and every three (3) years thereafter; and
(2) work with the motor vehicle manufacturers to agree with themanufacturers on appropriate modifications to the plan.
(e) Motor vehicle manufacturers are not required to resubmit aplan modified under subsection (d) to the commissioner for approval.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-5
Requirement for removal from vehicles of mercury switches, ABSsensors, and other mercury components; exceptions; acceptance ofvehicles by recyclers; records; representation of removal
Sec. 5. (a) Beginning thirty (30) days after the earliest date thecommissioner approves a plan under section 4 of this chapter, exceptas provided in subsection (f), a motor vehicle recycler is required toremove all mercury switches from each end of life vehicle the motorvehicle recycler receives upon receipt of the vehicle.
(b) A mercury switch that is removed from a vehicle shall becollected, stored, transported, and recycled or properly disposed ofin accordance with the plan approved under section 4 of this chapter.Either of the following that is removed from a vehicle shall becollected, stored, transported, and recycled or properly disposed of
in the same manner as a mercury switch:
(1) An ABS sensor.
(2) Any other component containing more than ten (10)milligrams of mercury.
(c) Notwithstanding subsection (a), a motor vehicle recycler mayaccept an end of life vehicle containing mercury switches that has notbeen intentionally flattened, crushed, or baled if the motor vehiclerecycler assumes responsibility for removing the mercury switches.
(d) A motor vehicle recycler or any other person that removesmercury switches, ABS sensors, or any other components containingmore than ten (10) milligrams of mercury in accordance with thissection shall maintain records that document the number of:
(1) end of life vehicles the person processed for recycling;
(2) end of life vehicles the person processed that containedmercury switches, ABS sensors, or any other componentscontaining more than ten (10) milligrams of mercury; and
(3) mercury switches, ABS sensors, and any other componentscontaining more than ten (10) milligrams of mercury the personcollected.
A person that maintains records under this section shall retain therecords for at least three (3) years.
(e) A person may not represent that mercury switches, ABSsensors, or any other components containing more than ten (10)milligrams of mercury have been removed from a motor vehiclebeing sold or otherwise conveyed for recycling if the person has notremoved the mercury switches, sensors, or other components fromthe vehicle.
(f) Subsection (a) does not apply to a mercury switch in an end oflife vehicle that is:
(1) intentionally flattened, crushed, or baled; or
(2) damaged to the extent that the mercury switch cannot beremoved without dismantling the vehicle.
As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008,SEC.20.
IC 13-20-17.7-6
Payment by department for mercury items; amount established bycommissioner; payments from solid waste management fund
Sec. 6. (a) Subject to subsections (b), (c), and (d), a person isentitled to payment from the department for each of the following theperson removes from an end of life vehicle under section 5 of thischapter:
(1) A mercury switch.
(2) An ABS sensor.
(3) Any other component containing more than ten (10)milligrams of mercury.
(b) The commissioner shall establish:
(1) the amount of the payment under subsection (a), which mustbe:
(A) at least one dollar ($1); and (B) not more than five dollars ($5);
per mercury switch, ABS sensor, or other component containingmore than ten (10) milligrams of mercury; and
(2) a procedure for claims for payment under this section.
(c) The commissioner shall determine:
(1) whether to use money in the state solid waste managementfund; and
(2) if the commissioner determines under subdivision (1) to usemoney in that fund, the amount of money from the fund to beused;
to make payments under this section.
(d) The department is required to make payments under thissection only to the extent of the amount of money determined by thecommissioner under subsection (c)(2).
As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008,SEC.21.
IC 13-20-17.7-7
Adoption of rules
Sec. 7. The board may adopt rules under IC 4-22-2 and IC 13-14-9to implement this chapter.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-8
Enforcement; penalties
Sec. 8. (a) This chapter shall be enforced under IC 13-30-3.
(b) A violation of this chapter or a rule adopted under this chapteris subject to the penalties set forth in the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of this chapter may lead to criminalprosecution under IC 13-30-10.
As added by P.L.170-2006, SEC.15. Amended by P.L.137-2007,SEC.20.
IC 13-20-17.7-9
Expiration
Sec. 9. This chapter expires on the earlier of:
(1) the date on which a national mercury switch recoveryprogram takes effect, as determined by the commissioner; or
(2) July 1, 2016.
As added by P.L.170-2006, SEC.15.