2013 Maryland Code
ENVIRONMENT
§ 6-905 - Definitions [Amendment subject to abrogation]

§6-905. IN EFFECT

(a) In this part the following words have the meanings indicated.

(b) “Capture rate” means the annual removal, collection, and recovery of mercury switches as a percentage of total number of mercury switches available from end-of-life vehicles for that year.

(c) “End-of-life vehicle” means a motor vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap processing facility for the purpose of resale of its parts or recycling.

(d) “Manufacturer” means a person that:

(1) Produces a product;

(2) For a multicomponent product, produces or assembles the final product; or

(3) Serves as an importer or domestic distributor of a product produced outside of the United States.

(e) “Marketer” means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on:

(1) A fever thermometer containing mercury; or

(2) A thermostat containing mercury.

(f) “Mercury-added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:

(1) Dyes or pigments;

(2) Electric switches; and

(3) Fluorescent lamps.

(g) “Mercury minimization plan” means a plan for removing, collecting, and recovering mercury switches from an end-of-life vehicle.

(h) “Mercury switch” means any light switch or antilock braking system switch that contains mercury and that is installed by a manufacturer in a motor vehicle.

(i) “Mercury switch assembly” means a light switch assembly or an antilock braking system switch assembly that contains a mercury switch.

(j) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

(k) “Reclamation facility” means a site:

(1) Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or

(2) That collects mercury-containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.

(l) “Scrap processing facility” means a facility:

(1) That processes iron, steel, and nonferrous scrap metal; and

(2) The principal product of which is scrap iron, scrap steel, and nonferrous scrap for sale and remelting purposes.

(m) “Thermostat” means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.

(n) “Vehicle manufacturer” means a person that:

(1) Is the last person in the production or assembly process of a new motor vehicle that uses mercury switches; or

(2) Serves as an importer or domestic distributor of a motor vehicle that uses mercury switches produced outside of the United States.

(o) (1) “Vehicle recycler” means a person engaged in the business of:

(i) Dismantling, destroying, or scrapping any vehicle for the purpose of reselling any of its usable parts; or

(ii) Otherwise acquiring vehicles for the benefit of their parts or the materials in them.

(2) Notwithstanding any provision to the contrary, any reference to a wrecker in any statute, rule, or regulation shall apply to a vehicle recycler.

6-905. // EFFECTIVE DECEMBER 31, 2017 PER CHAPTER 713 OF 2009 //

(a) In this part the following words have the meanings indicated.

(b) “Manufacturer” means a person that:

(1) Produces a product;

(2) For a multicomponent product, produces or assembles the final product; or

(3) Serves as an importer or domestic distributor of a product produced outside of the United States.

(c) “Marketer” means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on:

(1) A fever thermometer containing mercury; or

(2) A thermostat containing mercury.

(d) “Mercury-added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:

(1) Dyes or pigments;

(2) Electric switches; and

(3) Fluorescent lamps.

(e) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

(f) “Reclamation facility” means a site:

(1) Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or

(2) That collects mercury-containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.

(g) “Thermostat” means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.

§ 6-905 - Definitions (Abrogation of amendment effective December 31, 2017.)

(a) In general. -- In this part the following words have the meanings indicated.

(b) Manufacturer. -- "Manufacturer" means a person that:

(1) Produces a product;

(2) For a multicomponent product, produces or assembles the final product; or

(3) Serves as an importer or domestic distributor of a product produced outside of the United States.

(c) Marketer. -- "Marketer" means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on:

(1) A fever thermometer containing mercury; or

(2) A thermostat containing mercury.

(d) Mercury-added product. -- "Mercury-added product" means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:

(1) Dyes or pigments;

(2) Electric switches; and

(3) Fluorescent lamps.

(e) Motor vehicle. -- "Motor vehicle" has the meaning stated in § 11-135 of the Transportation Article.

(f) Reclamation facility. -- "Reclamation facility" means a site:

(1) Where equipment is used to recapture mercury from mercury-added fluorescent lamps for the purpose of recycling or reusing the mercury; or

(2) That collects mercury containing components from mercury-added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.

(g) Thermostat. -- "Thermostat" means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.

§ 6-905 - 1. Sale of mercury fever thermometer prohibited

(a) In general. -- Except as provided in subsection (b) of this section, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.

(b) Application of section. -- This section does not apply to:

(1) A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or

(2) A digital thermometer using mercury-added button cell batteries.

§ 6-905 - 2. Sale of thermostat containing mercury prohibited

A marketer may not sell or provide a thermostat containing mercury to a consumer.

§ 6-905 - 3. Sale of mercury-added products

(a) Applicability of section. -- This section does not apply to:

(1) Prescription drugs;

(2) Any substance regulated by the Federal Food, Drug, and Cosmetic Act;

(3) Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act;

(4) Medical equipment not intended for use by nonmedical personnel; or

(5) Products that contain mercury-added products that are labeled in accordance with this section.

(b) Sale of mercury-added product on or after April 1, 2006. --

(1) On or after April 1, 2006, unless the product is labeled in accordance with subsection (c) of this section and the regulations adopted by the Department under this section, a manufacturer or wholesaler may not sell a mercury-added product:

(i) At retail in the State; or

(ii) To a retailer in the State.

(2) On or after April 1, 2006, unless the product is labeled in accordance with subsection (c) of this section and the regulations adopted by the Department under this section, a retailer may not knowingly sell a new mercury-added product in the State.

(c) Labeling of mercury-added product. --

(1) Except as provided in paragraph (2) of this subsection, the label of a mercury-added product shall clearly inform the purchaser or consumer that:

(i) Mercury is present in the product; and

(ii) The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury into the environment.

(2) A label that conforms to another state's label requirements for mercury-added products satisfies the requirements of this subsection.

(d) Labeling of mercury-added product -- Manufacturer to affix label. --

(1) The manufacturer of a mercury-added product is responsible for affixing the label required by this section on mercury-added products manufactured on or after January 1, 2006.

(2) (i) 1. A manufacturer of a motor vehicle may meet the labeling requirements of this section by placing the label on the doorpost of a new vehicle.

2. If the servicing of a vehicle includes the addition of a mercury-added product, the label on the doorpost of the vehicle shall be appropriately updated.

(ii) A manufacturer that labels a mercury-added product in compliance with another state's labeling requirements for the same or a similar mercury-added product satisfies the requirements of this subsection.

(e) Mercury-added fluorescent lamp. --

(1) In this subsection, "mercury-added fluorescent lamp" means a fluorescent lamp that exhibits the toxicity characteristic for mercury under Title 26, Subtitle 13, Chapter 2 of the Code of Maryland Regulations.

(2) Except as provided in paragraph (3) of this subsection, on or after October 1, 2006, a person who, during a calendar year, discards at least the minimum weight or minimum number of mercury-added fluorescent lamps, as established in regulations adopted under subsection (f) of this section, shall arrange for the final reclamation or destination of the lamps at a:

(i) Reclamation facility; or

(ii) Destination facility, as defined by the Department in regulation.

(3) The Department may delay the requirements of paragraph (2) of this subsection if it determines that it will not be feasible for a person to arrange for the final reclamation or destination of lamps at reclamation facilities on the date provided in paragraph (2) of this subsection.

(4) Unless otherwise provided under federal or State law:

(i) An owner or operator of an industrial or commercial property may assign the responsibility for ensuring compliance with this subsection to a tenant who is otherwise responsible for maintaining the property; and

(ii) If a tenant is responsible for ensuring compliance and fails to comply with this subsection, the owner or operator of the property is not liable for the failure to comply.

(f) Regulations. -- By October 1, 2005, the Department shall adopt regulations necessary for the implementation of this section, including the establishment of:

(1) Standards for the size, location, and typeface of the label required by this section;

(2) Criteria under which a person subject to this section may be exempted from the labeling and reclamation or destination requirements and limitations of this section; and

(3) During the course of a calendar year, the minimum weight and the minimum number, as applicable, of mercury-added fluorescent lamps that shall be required for a person to deliver the lamps or arrange for their delivery to a:

(i) Reclamation facility; or

(ii) Destination facility, as defined by the Department in regulation.

(g) Regulations -- Consultation with interested persons. -- Before adopting a regulation under this section, the Department shall consult with persons that have an interest in or are directly impacted by the proposed regulation.

§ 6-905 - 4. Mercury minimization plan [Section subject to abrogation]

(a) Applicability. -- This section applies to vehicle manufacturers that sold motor vehicles within the State that contained mercury switches.

(b) Development. --

(1) On or before September 30, 2009, vehicle manufacturers, individually or as a group, shall develop a mercury minimization plan and submit it to the Department for review and approval.

(2) A vehicle manufacturer in the State that already has processes and procedures in place that meet or exceed the requirements of this section may propose the use of those processes and procedures in its mercury minimization plan.

(c) Contents. -- The plan shall contain:

(1) Information identifying the make, model, and year of vehicles that may contain a mercury switch, including:

(i) The location of the switch;

(ii) The location of a mercury switch assembly; and

(iii) Information regarding the safe and environmentally sound method for removing the switch from end-of-life vehicles;

(2) Educational material and training materials to assist a vehicle recycler or a scrap processing facility undertaking a safe method for removal of mercury switches and assemblies, including information on the hazards and proper handling of mercury;

(3) A proposal for the method of storage or disposal of mercury switches and assemblies, including the method of packaging and shipping;

(4) A proposal for the storage of mercury switches and mercury switch assemblies collected and recovered in the event that appropriate management technologies are not available;

(5) A plan for implementing and financing the removal, collection, and recovery system, in accordance with item (6) of this subsection; and

(6) Information that establishes the financing of the removal, collection, and recovery system for the proper management of mercury switches, including:

(i) Payment by a vehicle manufacturer for the costs associated with the removal, collection, and recovery for the proper management of mercury switches;

(ii) Establishment by a vehicle manufacturer of a method to ensure the prompt payment to a vehicle recycler, a scrap processing facility, and the Department;

(iii) Payment by a manufacturer of the following costs:

1. A minimum of $ 4 for each mercury light switch or light switch assembly and $ 6 for each antilock braking system switch assembly removed by a vehicle recycler in accordance with § 6-905.5 of this subtitle as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch or mercury switch assembly;

2. A minimum of $ 4 for each mercury light switch or light switch assembly and $ 6 for each antilock braking system switch assembly removed by a scrap processing facility in accordance with § 6-905.5 of this subtitle as partial compensation for the labor and other costs incurred by a scrap processing facility in the removal of the mercury switch or mercury switch assembly; and

3. $ 1 for each mercury switch or mercury switch assembly removed by a vehicle recycler or by a scrap processing facility in accordance with § 6-905.5 of this subtitle to the State Recycling Trust Fund as partial compensation for the Department for costs incurred in administering and enforcing the provisions of this subtitle;

(iv) Packaging for transporting mercury switches and mercury switch assemblies to recycling, storage, or disposal facilities;

(v) Shipping of mercury switches and mercury switch assemblies to recycling, storage, or disposal facilities;

(vi) Recycling, storage, or disposal of the mercury switch assemblies to recycling, storage, or disposal facilities;

(vii) Preparation and distribution to vehicle recyclers and scrap processing facilities of the educational materials required in accordance with paragraph (2) of this subsection; and

(viii) Maintenance of all appropriate record keeping systems.

(d) Approval of plan. --

(1) Within 90 days after receiving a mercury minimization plan, the Department may approve, disapprove, or conditionally approve the entire mercury minimization plan.

(2) The Department may receive input from a representative of a vehicle recycler, scrap processing facility, or any other stakeholder as the Department determines necessary.

(3) The vehicle manufacturer shall begin implementation of the mercury minimization plan within 30 days after submittal, unless otherwise directed by the Department.

(4) (i) If the entire mercury minimization plan is disapproved, the Department shall inform the vehicle manufacturer of the reasons for the disapproval.

(ii) The manufacturer has 30 days after receiving notice of the disapproved plan to submit a new mercury minimization plan.

(5) (i) The Department may disapprove those parts of a mercury minimization plan that do not meet the requirements of subsection (c) of this section.

(ii) A manufacturer shall:

1. Implement the approved parts of a plan not disapproved within 30 days after submittal or as otherwise directed by the Department; and

2. Submit a revised mercury minimization plan for the disapproved parts within 30 days after receiving notification of the disapproval from the Department.

(iii) The Department may review and approve, conditionally approve, or disapprove a revised mercury minimization plan within 30 days after receiving the plan.

(e) Completion of portion by Department. -- The Department may complete, on behalf of a vehicle manufacturer, any portion of a mercury minimization plan that has not been approved by January 1, 2010.

(f) Review. -- The Department may review a mercury minimization plan submitted in accordance with this section and recommend modifications it considers necessary at any time if the Department determines that the approved mercury minimization plan is deficient or not meeting the goals of this Act.

(g) Regulations. -- The Department may adopt regulations to administer the provisions of this section.

§ 6-905 - 4. Mercury minimization plan (Abrogation of section effective December 31, 2017.)

Abrogated.

§ 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 (Abrogation of section effective December 31, 2017.)

Abrogated.

§ 6-905 - 6. Violations and penalties [Section subject to abrogation]

(a) Criminal penalty. -- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $ 1,000;

(2) For a second offense, a fine not exceeding $ 2,500; and

(3) For a third or subsequent offense, a fine not exceeding $ 5,000.

(b) Civil penalty. -- A person that violates any provision of § 6-905.4 or § 6-905.5 of this subtitle, or any regulation adopted to implement the provisions of § 6-905.4 or § 6-905.5 of this subtitle, is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:

(1) $ 1,000 for a first offense;

(2) $ 2,500 for a second offense; or

(3) $ 5,000 for a third or subsequent offense.

(c) Fine; considerations. --

(1) In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of § 6-905.4 or § 6-905.5 of this subtitle, or of any regulation adopted under § 6-905.4 or § 6-905.5 of this subtitle, not exceeding:

(i) $ 1,000 for a first offense;

(ii) $ 2,500 for a second offense; or

(iii) $ 5,000 for a third or subsequent offense.

(2) The Department shall consider the following in assessing the fine in paragraph (1) of this subsection:

(i) The willfulness of the violation;

(ii) The extent to which the violation was known, but uncorrected, by the violator;

(iii) The extent to which the violation resulted in actual harm to human health or the environment;

(iv) The nature and degree of injury to, or interference with, general welfare and health; and

(v) The extent to which the current violation is part of a pattern of the same or similar type of violation by the violator.

(d) Each violation is a separate offense. -- Each day a violation continues is a separate offense under this section.

(e) Fines and penalties shall be deposited in Fund. -- Fines and penalties collected under this section shall be deposited in the State Recycling Trust Fund.

§ 6-905 - 6. Violations and penalties (Abrogation of section effective December 31, 2017.)

Abrogated.