§ 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(1) Repealed by SessionLaws 2007‑142, s. 1, effective June 29, 2007.
(2) "End‑of‑lifevehicle" means a vehicle that is sold, given, or otherwise conveyed to avehicle crusher, vehicle dismantler, vehicle recycler, or scrap vehicleprocessing facility for the purpose of recycling.
(2a) "Inaccessible",when used in connection with mercury switch, means that, due to the conditionof the vehicle, the mercury switch cannot be removed from a vehicle without asignificant risk of a release of mercury into the environment.
(3), (4) Repealed bySession Laws 2007‑142, s. 1, effective June 29, 2007.
(4a) "Mercuryrecovery performance ratio" means the ratio of the number of pounds ofmercury recovered from mercury switches from the State in a calendar year tothe estimated number of pounds of mercury available to be recovered frommercury switches from the State in the same calendar year.
(5) "Mercury switch"means each capsule or assembly containing mercury that is part of a conveniencelight switch installed in a vehicle.
(5a) Reserved for futurecodification purposes.
(5b) "Nationalmercury recovery performance ratio" means the ratio of the number of poundsof mercury recovered from mercury switches from the United States in a calendaryear to the estimated number of pounds of mercury available to be recoveredfrom mercury switches from the United States in the same calendar year.
(5c) "NVMSRP"means the Memorandum of Understanding to establish the National Vehicle MercurySwitch Recovery Program dated 11 August 2006.
(6) "Scrap vehicleprocessing facility" means a fixed location where machinery and equipmentare used to process scrap vehicles into specification grade commoditiesincluding facilities where a shredder or fragmentizer is used to process scrapvehicles into shredded scrap and facilities where end‑of‑lifevehicles are prepared to be shredded.
(7) "Vehicle"means any passenger automobile or passenger car, station wagon, truck, van, orsport utility vehicle with a gross vehicle weight rating of less than 12,000pounds.
(7a) "Vehiclecrusher" means a person who engages in the business of flattening,crushing, or otherwise processing end‑of‑life vehicles forrecycling. Vehicle crusher includes, but is not limited to, a person who usesfixed or mobile equipment to flatten or crush end‑of‑life vehiclesfor a vehicle recycler or a scrap vehicle processing facility.
(7b) "Vehicledismantler" has the same meaning as "vehicle recycler."
(7c) "Vehiclemanufacturer" means a person, firm, association, partnership, corporation,governmental entity, organization, combination, or joint venture that is thelast person in the production or assembly process of a motor vehicle thatcontains one or more mercury switches, or in the case of an imported vehicle,the importer or domestic distributor of the vehicle. "Vehiclemanufacturer" does not include any person engaged in the business ofselling new motor vehicles at retail or any person who converts or modifies newmotor vehicles after the production or assembly process.
(8) "Vehiclerecycler" means a person or entity engaged in the business of acquiring,dismantling, or destroying six or more end‑of‑life vehicles in acalendar 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) "Capturerate" means the annual removal, collection, and recovery of mercuryswitches as a percentage of the total number of mercury switches available forremoval from end‑of‑life vehicles.
(2) "End‑of‑lifevehicle" means a vehicle that is sold, given, or otherwise conveyed to avehicle recycler or scrap metal recycling facility for the purpose ofrecycling.
(3) "Manufacturer"means a person, firm, association, partnership, corporation, governmentalentity, organization, combination, or joint venture that is the last person inthe production or assembly process of a new vehicle that utilizes mercuryswitches, or in the case of an imported vehicle, the importer or domesticdistributor of the vehicle.
(4) "Mercuryminimization plan" means a plan for removing, collecting, and recoveringmercury switches from end‑of‑life vehicles that is prepared asprovided in G.S. 130A‑310.53.
(5) "Mercuryswitch" means each mercury‑containing capsule, commonly known as a"bullet", that is part of a convenience light switch assembly installedin a vehicle.
(6) "Scrap metalrecycling facility" means a fixed location where machinery and equipmentare used to process scrap metal into specific grades of scrap metal for saleand 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, orsport utility vehicle with a gross vehicle weight rating of less than 12,000pounds.
(8) "Vehiclerecycler" means an individual or entity engaged in the business ofacquiring, dismantling, or destroying six or more end‑of‑lifevehicles in a calendar year for the primary purpose of resale of parts of thevehicle. (2005‑384,s. 1; 2006‑255, s. 5; 2007‑142, ss. 1, 9.)