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

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

(a)        A vehicle crusher,vehicle dismantler, vehicle recycler, or scrap vehicle processing facilityshall not flatten, crush, bale, or shred an end‑of‑life vehiclethat contains accessible mercury switches. Except as provided in thissubsection, a vehicle crusher, vehicle dismantler, vehicle recycler, or scrapvehicle processing facility shall remove all accessible mercury switches fromend‑of‑life vehicles before the vehicle is flattened, crushed,baled, or shredded, or before the vehicle is conveyed to another vehiclecrusher, vehicle dismantler, vehicle recycler, or scrap vehicle processingfacility. If a vehicle crusher, vehicle dismantler, vehicle recycler, or scrapvehicle processing facility conveys an end‑of‑life vehicle toanother vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicleprocessing facility without removing accessible mercury switches, the receivingvehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicleprocessing facility must agree to accept the end‑of‑life vehicleand assume responsibility for the proper removal of all accessible mercuryswitches. The agreement to assume responsibility for the proper removal of allaccessible mercury switches shall be documented on an invoice that is providedby the vehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicleprocessing facility to the person to whom the vehicle is conveyed.

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

(c),       (d) Repealed bySession Laws 2007‑142, s. 3, effective July 1, 2007.

(e)        Mercury switchesthat 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‑lifevehicles shall be collected, transported, treated, stored, disposed of, andotherwise handled in accordance with rules adopted by the Commission governinguniversal waste.

(f)         Vehiclemanufacturers, in cooperation with the Department, shall develop, implement,and bear the costs of a mercury switch collection system in accordance with theNVMSRP. This system shall be developed and implemented so as to enhance vehiclerecyclability, promote public education and outreach, and provide for theproper removal, collection, and disposal of mercury switches from end‑of‑lifevehicles. (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‑lifevehicles.

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

(b)        A scrap metalrecycling facility that accepts an end‑of‑life vehicle that has notbeen flattened, crushed, baled, or shredded and that contains mercury switchesshall remove the mercury switches before the end‑of‑life vehicle isflattened, crushed, baled, or shredded unless the mercury switch isinaccessible.

(c)        A mercury switch isinaccessible if, due to the condition of the vehicle, the switch cannot beremoved in accordance with the mercury minimization plan and removal of theswitch would significantly increase the risk of a release of mercury into theenvironment.

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

(1)        The number ofvehicles that it processed for recycling.

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

(3)        The number ofvehicles for which it could not remove the mercury switch because the switchwas inaccessible.

(e)        Mercury switchesthat 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‑lifevehicles shall be collected, transported, treated, stored, disposed of, andotherwise handled in accordance with rules adopted by the Commission governinguniversal waste. (2005‑384,s. 1; 2006‑255, s. 5; 2007‑142, ss. 3, 9.)