2009 North Carolina Code
Chapter 130A - Public Health.
§ 130A-310.53. (Effective until December 31, 2017) Removal of mercury switches from end-of-life vehicles.

§ 130A‑310.53.  (Effective until December 31, 2017) Removal of mercury switches from end‑of‑life vehicles.

(a)        A vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall not flatten, crush, bale, or shred an end‑of‑life vehicle that contains accessible mercury switches. Except as provided in this subsection, a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall remove all accessible mercury switches from end‑of‑life vehicles before the vehicle is flattened, crushed, baled, or shredded, or before the vehicle is conveyed to another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility. If a vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility conveys an end‑of‑life vehicle to another vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility without removing accessible mercury switches, the receiving vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility must agree to accept the end‑of‑life vehicle and assume responsibility for the proper removal of all accessible mercury switches. The agreement to assume responsibility for the proper removal of all accessible mercury switches shall be documented on an invoice that is provided by the vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility to the person to whom the vehicle is conveyed.

(b)        A vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility that removes all accessible mercury switches from an end‑of‑life vehicle shall mark the vehicle to indicate that all accessible mercury switches have been removed. The vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicle processing facility shall certify to any person to whom the vehicle is conveyed, in a form acceptable to the Department, that all accessible mercury switches have been removed from the vehicle.

(c),       (d) Repealed by Session Laws 2007‑142, s. 3, effective July 1, 2007.

(e)        Mercury switches that are removed from end‑of‑life vehicles are considered "universal waste" as defined in 40 Code of Federal Regulations § 273.9 (July 1, 2006 Edition). Mercury switches that are removed from end‑of‑life vehicles shall be collected, transported, treated, stored, disposed of, and otherwise handled in accordance with rules adopted by the Commission governing universal waste.

(f)         Vehicle manufacturers, in cooperation with the Department, shall develop, implement, and bear the costs of a mercury switch collection system in accordance with the NVMSRP. This system shall be developed and implemented so as to enhance vehicle recyclability, promote public education and outreach, and provide for the proper removal, collection, and disposal of mercury switches from end‑of‑life vehicles. (2005‑384, s. 1; 2006‑255, s. 5; 2007‑142, s. 3.)

§ 130A‑310.53.  (Effective December 31, 2017) Removal of mercury switches from end‑of‑life vehicles.

(a)        A vehicle recycler that conveys ownership of an end‑of‑life vehicle to a scrap metal recycling facility shall remove all mercury switches identified in the mercury minimization plan prior to delivery of the vehicle to the scrap metal recycling facility. If a mercury switch is inaccessible, the fact that the mercury switch remains in the vehicle shall be noted on the vehicle recycler's invoice.

(b)        A scrap metal recycling facility that accepts an end‑of‑life vehicle that has not been flattened, crushed, baled, or shredded and that contains mercury switches shall remove the mercury switches before the end‑of‑life vehicle is flattened, crushed, baled, or shredded unless the mercury switch is inaccessible.

(c)        A mercury switch is inaccessible if, due to the condition of the vehicle, the switch cannot be removed in accordance with the mercury minimization plan and removal of the switch would significantly increase the risk of a release of mercury into the environment.

(d)        A vehicle recycler or scrap metal recycling facility that removes mercury switches pursuant to subsection (a) or (b) of this section shall make quarterly reports to the Department on the following:

(1)        The number of vehicles that it processed for recycling.

(2)        The number of vehicles from which it removed a mercury switch by make.

(3)        The number of vehicles for which it could not remove the mercury switch because the switch was inaccessible.

(e)        Mercury switches that are removed from end‑of‑life vehicles are considered "universal waste" as defined in 40 Code of Federal Regulations § 273.9 (1 July 2004 Edition). Mercury switches that are removed from end‑of‑life vehicles shall be collected, transported, treated, stored, disposed of, and otherwise handled in accordance with rules adopted by the Commission governing universal waste. (2005‑384, s. 1; 2006‑255, s. 5; 2007‑142, ss. 3, 9.)