2009 North Carolina Code
Chapter 130A - Public Health.
§ 130A-310.50. (Effective until December 31, 2017) Definitions.

Part 6. Mercury Switch Removal.

§ 130A‑310.50.  (Effective until December 31, 2017) Definitions.

As used in this Part:

(1)        Repealed by Session Laws 2007‑142, s. 1, effective June 29, 2007.

(2)        "End‑of‑life vehicle" means a vehicle that is sold, given, or otherwise conveyed to a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility for the purpose of recycling.

(2a)      "Inaccessible", when used in connection with mercury switch, means that, due to the condition of the vehicle, the mercury switch cannot be removed from a vehicle without a significant risk of a release of mercury into the environment.

(3),       (4) Repealed by Session Laws 2007‑142, s. 1, effective June 29, 2007.

(4a)      "Mercury recovery performance ratio" means the ratio of the number of pounds of mercury recovered from mercury switches from the State in a calendar year to the estimated number of pounds of mercury available to be recovered from mercury switches from the State in the same calendar year.

(5)        "Mercury switch" means each capsule or assembly containing mercury that is part of a convenience light switch installed in a vehicle.

(5a)      Reserved for future codification purposes.

(5b)      "National mercury recovery performance ratio" means the ratio of the number of pounds of mercury recovered from mercury switches from the United States in a calendar year to the estimated number of pounds of mercury available to be recovered from mercury switches from the United States in the same calendar year.

(5c)      "NVMSRP" means the Memorandum of Understanding to establish the National Vehicle Mercury Switch Recovery Program dated 11 August 2006.

(6)        "Scrap vehicle processing facility" means a fixed location where machinery and equipment are used to process scrap vehicles into specification grade commodities including facilities where a shredder or fragmentizer is used to process scrap vehicles into shredded scrap and facilities where end‑of‑life vehicles are prepared to be shredded.

(7)        "Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds.

(7a)      "Vehicle crusher" means a person who engages in the business of flattening, crushing, or otherwise processing end‑of‑life vehicles for recycling. Vehicle crusher includes, but is not limited to, a person who uses fixed or mobile equipment to flatten or crush end‑of‑life vehicles for a vehicle recycler or a scrap vehicle processing facility.

(7b)      "Vehicle dismantler" has the same meaning as "vehicle recycler."

(7c)      "Vehicle manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a motor vehicle that contains one or more mercury switches, or in the case of an imported vehicle, the importer or domestic distributor of the vehicle. "Vehicle manufacturer" does not include any person engaged in the business of selling new motor vehicles at retail or any person who converts or modifies new motor vehicles after the production or assembly process.

(8)        "Vehicle recycler" means a  person or entity engaged in the business of acquiring, dismantling, or destroying six or more end‑of‑life vehicles in a calendar year for the primary purpose of resale of parts of the vehicle, including scrap metal. (2005‑384, s. 1; 2006‑255, s. 5; 2007‑142, s. 1.)

§ 130A‑310.50.  (Effective December 31, 2017) Definitions.

As used in this Part:

(1)        "Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of mercury switches available for removal from end‑of‑life vehicles.

(2)        "End‑of‑life vehicle" means a vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap metal recycling facility for the purpose of recycling.

(3)        "Manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a new vehicle that utilizes mercury switches, or in the case of an imported vehicle, the importer or domestic distributor of the vehicle.

(4)        "Mercury minimization plan" means a plan for removing, collecting, and recovering mercury switches from end‑of‑life vehicles that is prepared as provided in G.S. 130A‑310.53.

(5)        "Mercury switch" means each mercury‑containing capsule, commonly known as a "bullet", that is part of a convenience light switch assembly installed in a vehicle.

(6)        "Scrap metal recycling facility" means a fixed location where machinery and equipment are used to process scrap metal into specific grades of scrap metal for sale and whose primary product is scrap iron, scrap steel, or nonferrous metallic scrap.

(7)        "Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds.

(8)        "Vehicle recycler" means an individual or entity engaged in the business of acquiring, dismantling, or destroying six or more end‑of‑life vehicles in a calendar year for the primary purpose of resale of parts of the vehicle. (2005‑384, s. 1; 2006‑255, s. 5; 2007‑142, ss. 1, 9.)