2016 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 20. SOLID WASTE MANAGEMENT CHAPTER 17.7. MERCURY SWITCHES IN END OF LIFE VEHICLES
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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 meets
national standards
Sec. 0.5. (a) The goal of the program established under this
chapter is to remove at least eighty percent (80%) of all mercury
switches from end of life vehicles processed in Indiana by motor
vehicle recyclers.
(b) Implementing the program established under this chapter
addresses the mercury national emission standards for hazardous air
pollutants 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 vehicle
manufacturers engaged on July 1, 2006, in the business of offering
motor 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 this
chapter.
(b) Subsection (a) does not apply to a motor vehicle manufacturer
that has never installed mercury switches in the manufacturer's motor
vehicles.
As added by P.L.170-2006, SEC.15.
IC 13-20-17.7-2
Information to be included in plan; annual report by the
department
Sec. 2. (a) A plan described in section 1 of this chapter must
include the following:
(1) An education program concerning the purposes of the
mercury switch collection program and how to participate in the
program, including the following:
(A) Educational materials about the program.
(B) Information identifying which end of life vehicles might
contain mercury switches by make, model, and year of
manufacture.
(C) Instructions on safe and environmentally sound methods
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to remove mercury switches.
(2) The provision of containers for collecting and storing
mercury switches.
(3) Procedures for the transportation of mercury switches to
recycling, storage, or disposal facilities.
(4) Procedures for the recycling, storage, and disposal of
mercury.
(5) Procedures to track the progress of the program, including
a description of performance measures to be used and reported
to demonstrate that the program is meeting measures of the
effectiveness of the program, including the following:
(A) The number of mercury switches collected from end of
life 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 information
tracked under subsection (a)(5); and
(2) provide the report to:
(A) the legislative council in an electronic format under
IC 5-14-6; and
(B) the interim study committee on environmental affairs
established by IC 2-5-1.3-4 in an electronic format under
IC 5-14-6.
As added by P.L.170-2006, SEC.15. Amended by P.L.53-2014,
SEC.126.
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 the
following 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, or
disposal facilities.
(5) Recycling, storage, or disposal of mercury switches.
(6) Maintenance of all appropriate systems and procedures to
protect 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 and
modifications
Sec. 4. (a) The commissioner shall do the following:
(1) Not more than thirty (30) days after receiving a plan
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developed by a motor vehicle manufacturer or a group of motor
vehicle manufacturers under section 1 of this chapter, issue a
public notice of a period of at least thirty (30) days during
which the public may submit written comments on the plan to
the commissioner.
(2) Not more than one hundred twenty (120) days after
receiving a plan, determine whether the entire plan complies
with this chapter and:
(A) if the entire plan complies with this chapter, approve the
plan in its entirety;
(B) if no part of the plan complies with this chapter, reject
the 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 plan
not more than thirty (30) days after the date the plan is approved. If
an entire plan is rejected under subsection (a)(2)(B), the
commissioner shall inform the motor vehicle manufacturers why the
plan was rejected, and the manufacturers shall submit a new plan not
more than thirty (30) days after the commissioner informs the
manufacturers that the entire plan was rejected. If a plan is approved
in part and rejected in part under subsection (a)(2)(C), the
manufacturers shall immediately implement the approved part of the
plan and submit a revision of the rejected part of the plan not more
than thirty (30) days after the commissioner informs the
manufacturers of the commissioner's partial approval. The
commissioner shall make a determination on a revised plan not more
than thirty (30) days after receiving the revised plan.
(c) Not more than two hundred forty (240) days after receiving a
plan developed by motor vehicle manufacturers under section 1 of
this chapter, the commissioner shall complete, on behalf of the
manufacturer, any part of the plan that has not yet been approved.
(d) After a plan has been approved under this section, the
commissioner shall:
(1) review the plan three (3) years after the original date of
approval of the plan and every three (3) years thereafter; and
(2) work with the motor vehicle manufacturers to agree with the
manufacturers on appropriate modifications to the plan.
(e) Motor vehicle manufacturers are not required to resubmit a
plan 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, ABS
sensors, and other mercury components; exceptions; acceptance of
vehicles by recyclers; records; representation of removal
Sec. 5. (a) Beginning thirty (30) days after the earliest date the
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commissioner approves a plan under section 4 of this chapter, except
as provided in subsection (f), a motor vehicle recycler is required to
remove all mercury switches from each end of life vehicle the motor
vehicle recycler receives upon receipt of the vehicle.
(b) A mercury switch that is removed from a vehicle shall be
collected, stored, transported, and recycled or properly disposed of
in accordance with the plan approved under section 4 of this chapter.
Either of the following that is removed from a vehicle shall be
collected, 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 may
accept an end of life vehicle containing mercury switches that has not
been intentionally flattened, crushed, or baled if the motor vehicle
recycler assumes responsibility for removing the mercury switches.
(d) A motor vehicle recycler or any other person that removes
mercury switches, ABS sensors, or any other components containing
more than ten (10) milligrams of mercury in accordance with this
section 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 contained
mercury switches, ABS sensors, or any other components
containing more than ten (10) milligrams of mercury; and
(3) mercury switches, ABS sensors, and any other components
containing more than ten (10) milligrams of mercury the person
collected.
A person that maintains records under this section shall retain the
records for at least three (3) years.
(e) A person may not represent that mercury switches, ABS
sensors, or any other components containing more than ten (10)
milligrams of mercury have been removed from a motor vehicle
being sold or otherwise conveyed for recycling if the person has not
removed the mercury switches, sensors, or other components from
the vehicle.
(f) Subsection (a) does not apply to a mercury switch in an end of
life vehicle that is:
(1) intentionally flattened, crushed, or baled; or
(2) damaged to the extent that the mercury switch cannot be
removed 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 by
commissioner; payments from solid waste management fund
Sec. 6. (a) Subject to subsections (b), (c), and (d), a person is
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entitled to payment from the department for each of the following the
person removes from an end of life vehicle under section 5 of this
chapter:
(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 must
be:
(A) at least one dollar ($1); and
(B) not more than five dollars ($5);
per mercury switch, ABS sensor, or other component containing
more 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 management
fund; and
(2) if the commissioner determines under subdivision (1) to use
money in that fund, the amount of money from the fund to be
used;
to make payments under this section.
(d) The department is required to make payments under this
section only to the extent of the amount of money determined by the
commissioner 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 13-14-9
to 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 chapter
is 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 criminal
prosecution 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
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Repealed
(As added by P.L.170-2006, SEC.15. Repealed by P.L.112-2016,
SEC.20.)
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