§ 6-905.5. Mercury switches or mercury switch assemblies [Section subject to abrogation].
(a) Applicability.- This section applies to any person that has any part of the implementation of a mercury minimization plan in accordance with § 6-905.4 of this subtitle.
(b) Removal.-
(1) Unless a mercury switch or mercury switch assembly is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch, on and after December 1, 2009, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap processing facility for processing shall remove all mercury switches or mercury switch assemblies identified in the approved mercury minimization plan:
(i) From the end-of-life vehicle before delivery to a scrap processing facility;
(ii) From the end-of-life vehicle at the time the vehicle is processed, but not later than 180 days after the receipt of an end-of-life vehicle; and
(iii) On or before December 31, 2010, for recycling, from the vehicle recycler's inventory in existence as of September 30, 2009.
(2) If the motor vehicle is damaged, the damage shall be noted on the normal business records of the vehicle recycler that delivered the end-of-life vehicle to the scrap processing facility.
(3) If the mercury switch assembly is corroded, damaged, or molded in a way as to make removal of the mercury pellet from the mercury switch assembly impractical or pose a danger of damage to the pellet, the entire mercury switch assembly shall be removed.
(c) Acceptance of vehicle containing mercury switches.-
(1) Notwithstanding subsection (b) of this section, a scrap processing facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled.
(2) A scrap processing facility shall be responsible for removing the mercury switches or mercury switch assemblies identified in the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
(d) Electronic records.-
(1) A vehicle recycler or scrap processing facility that removes a mercury switch or mercury switch assembly in accordance with this section shall maintain electronic records documenting the number of mercury switches and mercury switch assemblies collected, the number of end-of-life vehicles containing mercury switches, and the number of end-of-life vehicles processed for recycling.
(2) The records required by paragraph (1) of this subsection shall be kept for 3 years and made available for review by the Department on the request of the Department.
(e) False representation of removal of mercury switches prohibited.- A person may not falsely represent that mercury switches or mercury switch assemblies have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or mercury switch assemblies, or arranged with another person to remove the mercury switches or mercury switch assemblies.
(f) Procedure after removal.- On removal, mercury switches and mercury switch assemblies shall be collected, stored, transported, recycled, and otherwise handled as required by the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle and with any provisions or regulations concerning waste in accordance with Title 9 of this article.
(g) Annual report on implementation of plan.-
(1) On or before January 31 of each year, a manufacturer shall report to the Department concerning the implementation of the mercury minimization plan.
(2) The report shall include:
(i) A detailed description and documentation of the capture rate achieved, in accordance with subsection (b) of this section;
(ii) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch or mercury switch assembly capture rate of at least 90% for the previous calendar year is not achieved;
(iii) The numbers of mercury switches and mercury switch assemblies collected, end-of-life vehicles containing mercury switches, and mercury switches and mercury switch assemblies processed for recycling;
(iv) A description of how the mercury switches and mercury switch assemblies were managed; and
(v) A description of the amounts paid to cover the costs of implementing the mercury minimization plan.
(h) Annual report on implementation of plan - Discontinuance.- The Department may discontinue the requirement for the annual report if it determines that mercury switches in end-of-life vehicles will, by the end of December 2020, no longer pose a significant threat to the environment or to public health.
(i) New strategies.- After December 1, 2011, if the Department determines that an insufficient number of mercury switches have been recycled, the Department may propose new strategies to increase switch removal and recycling, including additional funding sources.
(j) Report to General Assembly.-
(1) On or before October 1 each year, the Department of the Environment shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on:
(i) The number of mercury switches and mercury switch assemblies recovered from vehicles;
(ii) The capture rate of switch recovery achieved;
(iii) The number of switches projected to be recovered;
(iv) The amount and use of funds paid into the State Recycling Trust Fund for the administration of this Act; and
(v) Any recommendations to improve the provisions of this Act or to increase the capture rate of mercury switches from vehicles.
(2) The Department shall also inform the General Assembly if the Department determines that mercury switches in end-of-life vehicles no longer pose a significant risk to the environment or to public health.
(k) Regulations.- The Department may adopt regulations to administer the provisions of this section.
§ 6-905.5. Mercury switches or mercury switch assemblies [Section subject to abrogation].
(a) Applicability.- This section applies to any person that has any part of the implementation of a mercury minimization plan in accordance with § 6-905.4 of this subtitle.
(b) Removal.-
(1) Unless a mercury switch or mercury switch assembly is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch, on and after December 1, 2009, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap processing facility for processing shall remove all mercury switches or mercury switch assemblies identified in the approved mercury minimization plan:
(i) From the end-of-life vehicle before delivery to a scrap processing facility;
(ii) From the end-of-life vehicle at the time the vehicle is processed, but not later than 180 days after the receipt of an end-of-life vehicle; and
(iii) On or before December 31, 2010, for recycling, from the vehicle recycler's inventory in existence as of September 30, 2009.
(2) If the motor vehicle is damaged, the damage shall be noted on the normal business records of the vehicle recycler that delivered the end-of-life vehicle to the scrap processing facility.
(3) If the mercury switch assembly is corroded, damaged, or molded in a way as to make removal of the mercury pellet from the mercury switch assembly impractical or pose a danger of damage to the pellet, the entire mercury switch assembly shall be removed.
(c) Acceptance of vehicle containing mercury switches.-
(1) Notwithstanding subsection (b) of this section, a scrap processing facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled.
(2) A scrap processing facility shall be responsible for removing the mercury switches or mercury switch assemblies identified in the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
(d) Electronic records.-
(1) A vehicle recycler or scrap processing facility that removes a mercury switch or mercury switch assembly in accordance with this section shall maintain electronic records documenting the number of mercury switches and mercury switch assemblies collected, the number of end-of-life vehicles containing mercury switches, and the number of end-of-life vehicles processed for recycling.
(2) The records required by paragraph (1) of this subsection shall be kept for 3 years and made available for review by the Department on the request of the Department.
(e) False representation of removal of mercury switches prohibited.- A person may not falsely represent that mercury switches or mercury switch assemblies have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or mercury switch assemblies, or arranged with another person to remove the mercury switches or mercury switch assemblies.
(f) Procedure after removal.- On removal, mercury switches and mercury switch assemblies shall be collected, stored, transported, recycled, and otherwise handled as required by the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle and with any provisions or regulations concerning waste in accordance with Title 9 of this article.
(g) Annual report on implementation of plan.-
(1) On or before January 31 of each year, a manufacturer shall report to the Department concerning the implementation of the mercury minimization plan.
(2) The report shall include:
(i) A detailed description and documentation of the capture rate achieved, in accordance with subsection (b) of this section;
(ii) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch or mercury switch assembly capture rate of at least 90% for the previous calendar year is not achieved;
(iii) The numbers of mercury switches and mercury switch assemblies collected, end-of-life vehicles containing mercury switches, and mercury switches and mercury switch assemblies processed for recycling;
(iv) A description of how the mercury switches and mercury switch assemblies were managed; and
(v) A description of the amounts paid to cover the costs of implementing the mercury minimization plan.
(h) Annual report on implementation of plan - Discontinuance.- The Department may discontinue the requirement for the annual report if it determines that mercury switches in end-of-life vehicles will, by the end of December 2020, no longer pose a significant threat to the environment or to public health.
(i) New strategies.- After December 1, 2011, if the Department determines that an insufficient number of mercury switches have been recycled, the Department may propose new strategies to increase switch removal and recycling, including additional funding sources.
(j) Report to General Assembly.-
(1) On or before October 1 each year, the Department of the Environment shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on:
(i) The number of mercury switches and mercury switch assemblies recovered from vehicles;
(ii) The capture rate of switch recovery achieved;
(iii) The number of switches projected to be recovered;
(iv) The amount and use of funds paid into the State Recycling Trust Fund for the administration of this Act; and
(v) Any recommendations to improve the provisions of this Act or to increase the capture rate of mercury switches from vehicles.
(2) The Department shall also inform the General Assembly if the Department determines that mercury switches in end-of-life vehicles no longer pose a significant risk to the environment or to public health.
(k) Regulations.- The Department may adopt regulations to administer the provisions of this section.
§ 6-905.5. Mercury switches or mercury switch assemblies [Section subject to abrogation].
(a) Applicability.- This section applies to any person that has any part of the implementation of a mercury minimization plan in accordance with § 6-905.4 of this subtitle.
(b) Removal.-
(1) Unless a mercury switch or mercury switch assembly is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch, on and after December 1, 2009, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap processing facility for processing shall remove all mercury switches or mercury switch assemblies identified in the approved mercury minimization plan:
(i) From the end-of-life vehicle before delivery to a scrap processing facility;
(ii) From the end-of-life vehicle at the time the vehicle is processed, but not later than 180 days after the receipt of an end-of-life vehicle; and
(iii) On or before December 31, 2010, for recycling, from the vehicle recycler's inventory in existence as of September 30, 2009.
(2) If the motor vehicle is damaged, the damage shall be noted on the normal business records of the vehicle recycler that delivered the end-of-life vehicle to the scrap processing facility.
(3) If the mercury switch assembly is corroded, damaged, or molded in a way as to make removal of the mercury pellet from the mercury switch assembly impractical or pose a danger of damage to the pellet, the entire mercury switch assembly shall be removed.
(c) Acceptance of vehicle containing mercury switches.-
(1) Notwithstanding subsection (b) of this section, a scrap processing facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled.
(2) A scrap processing facility shall be responsible for removing the mercury switches or mercury switch assemblies identified in the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.
(d) Electronic records.-
(1) A vehicle recycler or scrap processing facility that removes a mercury switch or mercury switch assembly in accordance with this section shall maintain electronic records documenting the number of mercury switches and mercury switch assemblies collected, the number of end-of-life vehicles containing mercury switches, and the number of end-of-life vehicles processed for recycling.
(2) The records required by paragraph (1) of this subsection shall be kept for 3 years and made available for review by the Department on the request of the Department.
(e) False representation of removal of mercury switches prohibited.- A person may not falsely represent that mercury switches or mercury switch assemblies have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or mercury switch assemblies, or arranged with another person to remove the mercury switches or mercury switch assemblies.
(f) Procedure after removal.- On removal, mercury switches and mercury switch assemblies shall be collected, stored, transported, recycled, and otherwise handled as required by the mercury minimization plan approved in accordance with § 6-905.4 of this subtitle and with any provisions or regulations concerning waste in accordance with Title 9 of this article.
(g) Annual report on implementation of plan.-
(1) On or before January 31 of each year, a manufacturer shall report to the Department concerning the implementation of the mercury minimization plan.
(2) The report shall include:
(i) A detailed description and documentation of the capture rate achieved, in accordance with subsection (b) of this section;
(ii) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch or mercury switch assembly capture rate of at least 90% for the previous calendar year is not achieved;
(iii) The numbers of mercury switches and mercury switch assemblies collected, end-of-life vehicles containing mercury switches, and mercury switches and mercury switch assemblies processed for recycling;
(iv) A description of how the mercury switches and mercury switch assemblies were managed; and
(v) A description of the amounts paid to cover the costs of implementing the mercury minimization plan.
(h) Annual report on implementation of plan - Discontinuance.- The Department may discontinue the requirement for the annual report if it determines that mercury switches in end-of-life vehicles will, by the end of December 2020, no longer pose a significant threat to the environment or to public health.
(i) New strategies.- After December 1, 2011, if the Department determines that an insufficient number of mercury switches have been recycled, the Department may propose new strategies to increase switch removal and recycling, including additional funding sources.
(j) Report to General Assembly.-
(1) On or before October 1 each year, the Department of the Environment shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on:
(i) The number of mercury switches and mercury switch assemblies recovered from vehicles;
(ii) The capture rate of switch recovery achieved;
(iii) The number of switches projected to be recovered;
(iv) The amount and use of funds paid into the State Recycling Trust Fund for the administration of this Act; and
(v) Any recommendations to improve the provisions of this Act or to increase the capture rate of mercury switches from vehicles.
(2) The Department shall also inform the General Assembly if the Department determines that mercury switches in end-of-life vehicles no longer pose a significant risk to the environment or to public health.
(k) Regulations.- The Department may adopt regulations to administer the provisions of this section.
