Section 6-905.4 - Mercury minimization plan [Section subject to abrogation].
§ 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.
[2009, ch. 713.]